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 QB Cole Kelley returns from DUI-related suspension

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Arkansas’ one-time starting quarterback will return for the Razorbacks’ season finale. Whether he sees the field is another matter entirely.

Cole Kelley was arrested for driving while intoxicated and reckless driving earlier this month. A day after the arrest, Kelley was indefinitely suspended by the football program and missed UA’s Week 12 game.

Monday, that suspension officially came to an end after one game as head coach Bret Bielema confirmed that the redshirt freshman has rejoined the team.

“He’ll be back full-go with us again,” Bielema said by way of the Arkansas Democrat-Gazette.  Left unsaid is whether Kelley will play in the Week 13 matchup with Missouri Friday afternoon, in part because he’s still recovering from an injury.

Austin Allen started the first five games of the season before going down with a shoulder injury. Kelley replaced him and started the next four, with Allen returning to his starting role the last two weeks against LSU and Mississippi State.

Kelley is 2-2 as the starter this year and Allen 2-5 for a Razorbacks team that won’t be going bowling for the first time since Bielema’s first season in 2013. This week’s game could also mark Bielema’s last as UA’s head coach.

Western Kentucky’s Jaylon George charged with DUI

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Given all of the activity on the coaching carousel this one flew under the radar, so allow me to address the latest resetting of the “Days Without An Arrest” ticker back to double zeroes.

According to both the Bowling Green Daily News and WBKO-TV, Western Kentucky’s Jaylon George was arrested early Saturday morning and charged with careless driving and operating a motor vehicle under the influence of alcohol or drugs. The incident involving the defensive lineman came just hours after WKU’s triple-overtime win over Middle Tennessee State Friday night.

According to the television station’s report, police pulled George over after he was spotted driving erratically in and around an apartment complex parking lot. George admitted to the arresting officer that he had been smoking marijuana, with a search of his vehicle and person yielding weed residue.

The school told the Daily News in a statement that they “are aware of the situation involving Jaylon and are currently in the process of gathering more information.”

George had played in five games this season as a reserve lineman, including the MTSU game before his arrest. The redshirt sophomore transferred after spending two seasons at an Oklahoma junior college.

Michigan RB declares Wolverines actually beat Ohio State last year

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No. 9 Ohio State heads to No. 24 Michigan on Saturday (noon ET, FOX) looking to protect its 5-game winning streak against That Team Up North. According to Michigan running back Karan Higdon, though, it’s Michigan that’s looking to protect its claim over the scoreboard.

Higdon surely remembers last year’s game well. He was there, after all, carrying three times for five yards. However, it was actually Ohio State who won the game, 30-27 in double overtime. The game was incredibly close, as the score indicates. Michigan would have won if not for a pair of Wilton Speight disasters at the goal line, the first an interception that Malik Hooker returned for a touchdown to give Ohio State a 7-3 lead and the second a goal line fumble that ruined Michigan’s chance to take a 17-7 lead.

As we know, Ohio State fought back to win by this much. How much? Jim Harbaugh shows us below.

Higdon figures to have a much greater impact on this year’s game. He’s the Wolverines leading rusher 874 yards and 10 touchdowns, and ran for 200 yards and two touchdowns on just 16 carries in Michigan’s most recent home game, a 33-10 win over Minnesota.

Here’s hoping, for his sake, that he can have an impact on an actual Michigan victory this time around.

Finalists announced for a number of individual awards

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The final week of the regular season is upon us. Heck, some teams still have two games to play between now and bowl season. Still, it’s awards season in college football, and the petty matter of actual games won’t get in the way of the pageantry.

Let’s dive right in.

Bednarik Award (best defensive player)
Bradley Chubb, NC State
Minkah Fitzpatrick, Alabama
Roquan Smith, Georgia

Biletnikoff Award (best wide receiver)
Michael Gallup, Colorado State
David Sills V, West Virginia
James Washington, Oklahoma State

Bronko Nagurski Trophy (best defensive player)
Bradley Chubb, NC State
Minkah Fitzpatrick, Alabama
Josey Jewell, Iowa
Ed Oliver, Houston
Roquan Smith, Georgia

Butkus Award (best linebacker)
Devin Bush, Michigan
Tremaine Edmunds, Virginia Tech
T.J. Edwards, Wisconsin
Dorian O’Daniel, Clemson
Roquan Smith, Georgia

Davey O’Brien Award (best quarterback)
J.T. Barrett, Ohio State
Baker Mayfield, Oklahoma
Mason Rudolph, Oklahoma State

Doak Walker Award (best running back)
Saquon Barkley, Penn State
Bryce Love, Stanford
Jonathan Taylor, Wisconsin

Jim Thorpe Award (best defensive back)
DeShon Elliott, Texas
Minkah Fitzpatrick, Alabama
Josh Jackson, Iowa

John Mackey Award (best tight end)
Mark Andrews, Oklahoma
Troy Fumagalli, Wisconsin
Mike Geisicki, Penn State

Lou Groza Award (best kicker)
Daniel Carlson, Auburn
Dominik Eberle, Utah State
Matt Gay, Utah

Maxwell Award (best overall player)
Saquon Barkley, Penn State
Bryce Love, Stanford
Baker Mayfield, Oklahoma

Outland Trophy (best interior player)
Orlando Brown, Oklahoma
Quenton Nelson, Notre Dame
Ed Oliver, Houston

Ray Guy Award (best punter)
Michael Dickson, Texas
J.K. Scott, Alabama
Mitch Wishnowsky, Utah

Wuerffel Trophy (best community servant)
Blaise Taylor, Arkansas State
Courtney Love, Kentucky
Drue Tranquill, Notre Dame

Winners will be announced at the Home Depot College Football Awards show in Atlanta, Thursday, Dec. 7 on ESPN.