Miami’s response to NOA: many allegations ‘remain unsubstantiated’

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Confirming what was reported by the Associated Press Tuesday evening, Miami has in fact received its Notice of Allegations from the NCAA following an investigation into the program spanning over two years.

As of last month, that investigation appeared to be coming to an end with multiple outlets reporting the NCAA was close to handing Miami its NOA. That step took a backseat in a major way less than two weeks later when the NCAA announced it was investigating itself for improper conduct related to the Miami case.

The results of that independent investigation revealed select enforcement staff, including soon-to-be former Vice President of Enforcement, Julie Roe Lach, allowed Nevin Shapiro‘s attorney to depose witnesses in a bankruptcy case in order to seek information related to the UM investigation in exchange for money — despite the fact that the NCAA’s legal staff did not sign off on that particular tactic.

The NCAA did, however, sign off on continuing its investigation of UM and sent the university its NOA on Tuesday — this coming after Miami president Donna Shalala released a scathing open letter asking demanding no additional punitive measures be taken.

As one would imagine, Shalala’s response to the NOA is no different. In a release, Shalala claims that while Miami “takes full responsibility for those NCAA violations… based on fact”, many “allegations included in the Notice of Allegations remain unsubstantiated.” Shalala also directly attacks Shapiro’s claims of providing lavish benefits to athletes, including cars, bounties, and prostitution, calling the story “fabricated.”

It should be pointed out that, because the NCAA lacks subpoena power, it has considerably less access to relevant parties. That’s a big reason why the misconduct of using an attorney to depose witnesses for information occurred in the first place.

But if the NCAA is alleging certain violations by Miami that cannot be backed up without using information provided by Shapiro’s attorney, then the university could have a compelling counterargument on its hands. UM is a private institution and therefore not required to release the NOA.

Point being, Miami looks like it’s prepared to fight this one — be it in front of the COI or in a court of law.

Anyway, here’s Shalala’s statement in its entirety:

“The University of Miami deeply regrets and takes full responsibility for those NCAA violations that are based on fact and are corroborated by multiple individuals and/or documentation.  We have already self-imposed a bowl ban for an unprecedented two-year period, forfeited the opportunity to participate in an ACC championship game, and withheld student-athletes from competition.

“Over the two and a half years since the University of Miami first contacted the NCAA enforcement staff about allegations of rules violations, the NCAA interviewed dozens of witnesses, including current and former Miami employees and student-athletes, and received thousands of requested documents and emails from the University.  Yet despite our efforts to aid the investigation, the NCAA acknowledged on February 18, 2013 that it violated its own policies and procedures in an attempt to validate the allegations made by a convicted felon.  Many of the allegations included in the Notice of Allegations remain unsubstantiated

“Now that the Notice of Allegations has been issued, let me provide some context to the investigation itself:

> Many of the charges brought forth are based on the word of a man who made a fortune by lying. The NCAA enforcement staff acknowledged to the University that if Nevin Shapiro, a convicted con man, said something more than once, it considered the allegation “corroborated”—an argument which is both ludicrous and counter to legal practice.

> Most of the sensationalized media accounts of Shapiro’s claims are found nowhere in the Notice of Allegations.  Despite their efforts over two and a half years, the NCAA enforcement staff could not find evidence of prostitution, expensive cars for players, expensive dinners paid for by boosters, player bounty payments, rampant alcohol and drug use, or the alleged hundreds of thousands of dollars in cash and gifts given to student-athletes, as reported in the media.  The fabricated story played well—the facts did not. 

> The NCAA enforcement staff failed, even after repeated requests, to interview many essential witnesses of great integrity who could have provided first-hand testimony, including, unbelievably, Paul Dee, who has since passed away, but who served as Miami Athletic Director during many of the years that violations were alleged to have occurred.  How could a supposedly thorough and fair investigation not even include the Director of Athletics? 

> Finally, we believe the NCAA was responsible for damaging leaks of unsubstantiated allegations over the course of the investigation.   

Let me be clear again: for any rule violation—substantiated and proven with facts—that the University, its employees, or student-athletes committed, we have been and should be held accountable.  We have worked hard to improve our compliance oversight, and we have already self-imposed harsh sanctions.   

We deeply regret any violations, but we have suffered enough. 

The University and counsel will work diligently to prepare our official response to the Notice of Allegations and submit it to the Committee on Infractions within the required 90-day time period. 

We trust that the Committee on Infractions will provide the fairness and integrity missing during the investigative process.”

 

Arkansas tailback Devwah Whaley will play against Texas A&M following “disagreement” with teammate

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Things got heated at Arkansas in the lead up to their next game and we’re not just talking about head coach Bret Bielema’s hot seat among the Razorbacks fan base either.

It appears that starting tailback Devwah Whaley was involved in what is being called a “minor disagreement” with a teammate this week at practice. While scuffles in the middle of an intense play are nothing new in football, there were a lot rumors that the running back was actually injured in the brouhaha and wouldn’t be able to take the field at AT&T Stadium on Saturday against Texas A&M.

“He’s ready to play,” the coach said on his radio show, according to Hawgs Illustrated. “How many times are 21-year-olds in a disagreement? Devwah is excited to play in the game in his home state.”

Whaley himself confirmed that he wasn’t injured and would be playing against the Aggies on Twitter:

While one side of this “disagreement” is all set to play at JerryWorld against Texas A&M, the other side is not. That’s because wide receiver Brandon Martinwho was also reportedly involved, is staying home in what Bielema labeled a previously determined decision due to his lingering hamstring injury. Either way, Razorbacks fans are probably hoping for a lot of the same fight they’ve seen this week from the team to carry over to their game on Saturday.

Banged up North Carolina down three starters after trio of season-ending injuries

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North Carolina’s injury situation has gone from bad to worse in the blink of an eye this week.

The school confirmed via their weekly injury report on Thursday night that three starters were lost for the rest of the season as linebacker Andre Smith, offensive lineman William Sweet and receiver Thomas Jackson all won’t return to action. The trio, who were not listed with a specific injury, were part of a whopping 19 players who were banged up on the report.

Smith did not play in last week’s game for the Tar Heels but it appears both Sweet and Jackson went down against Old Dominion and did not return.

“It is what it is. It’s the same old thing: The next guy has to get up, and the next guy has to play,” head coach Larry Fedora said earlier in the week. “You hope you can build some type of continuity at some point.”

The three starters join a lengthy injury list for the Tar Heels that is now up to nearly a 1/10th of the roster — nine names long — out for the year.

Defensive lineman Jalen Dalton was also ruled doubtful for UNC’s game against triangle rival Duke on Saturday, along with cornerback Corey Bell. offensive lineman Cam Dillard and Bentley Spain, as well as wideout Dazz Newsome, were all listed as questionable.

Ex-Miami DT Courtel Jenkins no longer at Houston

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That certainly didn’t last long.

In mid-June, Houston announced former Miami defensive lineman Courtel Jenkins was one of four Power Five transfers who had been added to Major Applewhite‘s roster.  A little over three months later?  Jenkins is no longer on the roster.

No reason for the departure was given.

While Jenkins was not eligible to play in games this season, he had been practicing with his Cougar teammates. After this year, he has one year of eligibility remaining.

The past three seasons, Jenkins, a three-star member of the Hurricanes’ 2014 recruiting class, appeared in 34 games at The U.  He started seven of those contests, with all seven of those coming in 2015.

In 2016, he was credited with 11 tackles in 10 games.  4.5 of those were tackles for loss, a total that was tied for 10th on the team.

In early February, Miami announced that Jenkins had been dismissed from the football program for violating unspecified team rules.

Rutgers avoids scholarship reductions, other harsh sanctions as NCAA issues ruling

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The Rutgers football program can officially breathe a huge sigh of relief.

As the culmination of a two-year investigation into the football program, the NCAA on Friday announced its final ruling on a case involving Rutgers.  Despite a failure to monitor charge, the NCAA essentially accepted the sanctions the university had previously self-imposed on itself for violations ranging from academic improprieties to drug-testing irregularities to lack of oversight in the recruiting ambassador program.

Below are the original penalties self-imposed by the program:

  • a 1-year probation period
  • a $5,000 fine
  • a reduction of 10 off-campus recruiting days (five in the fall of 2017-18 and five in the spring)
  • a limit of 36 official visits hosted, 26 lower than the limit
  • a 1-week ban on initiating phone calls, contact on social media and written correspondence to recruits

The only change made by the NCAA was bumping the probation period from one year to two.  Additionally, former head coach Kyle Flood, now an assistant with the NFL’s Atlanta Falcons, received a one-year show-cause.

The NCAA had particularly pointed words for Flood.

“The former head coach took a casual approach to compliance as it relates to the host program,” the panel said in its decision. “He exercised little, if any, oversight of the group, permitting recruiting staff to administer the program with no supervision. As the individual who had ultimate oversight of all aspects of the football program, it is implicit that the head coach was also responsible for the actions of football hosts and, ultimately, the violations they committed.”

In September of 2015, Flood was suspended for three games in the wake of a university investigation into his alleged actions.  The probe centered on an email that Flood sent from a private email account to an RU faculty member regarding the eligibility of one of his former football players.

That situation was highlighted in the committee’s decision:

In the last instance of not following university policy, the former head coach contacted a student-athlete’s instructor, contrary to university policy, to arrange for extra coursework after the conclusion of the term so the student-athlete could pass the class and be eligible for the fall 2015 season. After contacting the instructor and before meeting with her, the former head coach reached out to an academic support administrator, who warned against contacting the instructor. The former head coach stated he was unaware of university policy prohibiting him from contacting faculty members.

The former head coach provided the student-athlete with an impermissible academic extra benefit when he contacted the instructor to arrange extra coursework, an arrangement that is not available generally to the student body. The instructor ultimately did not accept the extra coursework, and the student-athlete was ineligible for the fall 2015 season.

The NCAA kicked off its probe of the football program in the spring of 2015, prior to Flood’s suspension.  The head coach, along with athletic director Julie Hermannwas dismissed in late November of 2015.