Donna Shalala

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.”

 

Hugh Freeze denies Ole Miss staffers knowingly broke NCAA recruiting rules

OXFORD, MS - SEPTEMBER 26:  Head coach Hugh Freeze of the Mississippi Rebels takes the field with his team prior to a game against the Vanderbilt Commodores at Vaught-Hemingway Stadium on September 26, 2015 in Oxford, Mississippi.  (Photo by Stacy Revere/Getty Images)
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In a tweet that he surely regrets on a daily basis, Ole Miss head coach Hugh Freeze famously challenged anyone with information regarding any possible NCAA violations to come forward with them.

“If you have facts about a violation, send it to compliance@olemiss.edu. If not, please do not slander these young men or insult their family,” he posted in a since-deleted tweet on Feb. 1, 2013, the day Freeze inked his highly-touted, highly-controversial class headlined by Laremy TunsilRobert Nkemdiche and Laquon Treadwell.

Which, of course, the NCAA did.

The Rebels were hit with 28 total violations — nine of which the school confirmed originate from Freeze’s staff. And that’s not including the allegations regarding Tunsil that popped up on NFL Draft night.

Ole Miss has suspended unnamed assistants from recruiting in the wake of the NCAA’s Notice of Allegations, but Freeze has denied anyone under his employ knowingly broke rules.

“The first thing I would say is that I own it. That’s part of it when you’re the head coach. You take the good with the bad,” Freeze told ESPN’s Chris Low from the SEC spring meetings in Sandestin, Fla. “But there’s a big difference between making mistakes in recruiting and going out there with the intent to cheat. I don’t have any information that anybody on my staff has been involved in any illegal payments to players or offering any inducements to players, and if I did have that information, I would fire them.”

As for the text messages showing Tunsil asking off-the-field staff member John Miller for mone, which were not included in last week’s release?

“That’s something I can’t talk about right now because both sides are still looking into it, but I feel confident with the report we do have from the NCAA that our staff is not involved in any purposeful breaking of the rules,” Freeze said. “Have we made mistakes in recruiting? Yes, and we’ve taken steps to make sure we don’t make those same mistakes again. But to say me or anybody on my staff is out there cheating to gain advantage just isn’t true.”

To be fair, most of the allegations against the Rebels’ current regime are relatively minor in nature. A comped hotel room here, a loaner car there. Because of that, Freeze said he won’t fire anyone on his staff.

“We’re not going to terminate a guy who makes a mistake and didn’t have any intent to go out and cheat,” Freeze said. “There is no charge in these allegations of a staff member being involved in a payment or offering extra benefits. There’s none of that in there.”

However, there are major allegations against coaches wearing Ole Miss red and blue, as former defensive backs coach Chris Vaughn and operations assistant David Saunders are accused of running an ACT fraud scheme. Unfortunately for Freeze, the NCAA may take out the sins of Houston Nutt‘s staff on his own.

Baylor QB Jarrett Stidham confirms commitment to program

Jarrett Stidham
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Continuing a trend we have witnessed at Baylor over the past week, incoming and future players are looking elsewhere while players already in the program are preparing to stay put. In the past 24 hours, a lot has happened with the program with the resignation of athletics director Ian McCaw following the hiring of head coach Jim Grobe. While the school still works to gain control of the situation, Baylor quarterback Jarrett Stidham announced he intends to stand by the program.

“Can’t wait to get back on that grind [Tuesday] with my brothers,” Stidham said in an update posted on his Instagram account on Monday. “This year is going to be different than the rest in many ways, but either way we will make a statement to everyone. Excited for the opportunity God has presented this team with to overcome adversity and become even closer as a family. Stick with us Baylor nation, we got this.”

Stidham was a major addition to Baylor’s recruiting class in 2015. After initially pledging his commitment to Texas Tech, Stidham later flipped his commitment to Baylor. Although Baylor appears set to have a healthy Seth Russell (who also has been making statements on Instagram) leading the offense this fall, all signs point to Stidham being the starting quarterback in 2017 (if not sooner).

Baylor has managed to keep all current players on the roster in Waco, which is not too surprising. Unless the NCAA chimes in later and drops a hammer of the weight it slammed on Penn State four summers ago (which is perhaps not all that likely to happen for a number of reasons, and they have no comment at this time), there is likely no reason to expect a mass exodus from the current roster. The recruiting game, however, is a different story.

Some key pieces of Baylor’s Class of 2016 — including running back Kameron Martin, offensive lineman Patrick Hudson and offensive tackle J.P. Urquidez  — made the late decision not to enroll in summer courses this week, which means they may still land elsewhere before the start of the fall football season. The Class of 2017 has quickly been dismantled and reduced to just a small handful of players for now as well.

How much Grobe can keep the recruiting ship afloat will be fascinating to watch, especially if he is simply on a one-year deal with no real chance to be the long-term head coach.

Baylor AD Ian McCaw resigns

WACO, TX - AUGUST 31:  A general view of play between the Southern Methodist Mustangs and the Baylor Bears at McLane Stadium on August 31, 2014 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
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On the same day Baylor made the coaching hire of Jim Grobe official, athletics director Ian McCaw has announced his resignation.

“After much reflection and prayer, I have decided that a change in athletics department leadership is in Baylor University’s best interest in order to promote the unity, healing and restoration that must occur in order to move forward,” McCaw said in a released statement Monday evening.

The resignation of McCaw is not to be unexpected given the serious nature of the revelations surrounding the Baylor program in the last week. Art Briles already lost his job and president Ken Starr was reappointed to a different position within the university as it looks to regroup from some egregious violations of Title IX and a complete system meltdown in responding to sexual violence involving Baylor student-athletes. That he lasted this long is puzzling to some, and his resignation is very likely a forced one. McCaw was placed on probation by the university last week.

“We understand and accept this difficult decision by Ian McCaw to resign as Athletic Director and we are grateful for his service to Baylor University,” a statement from Baylor’s Board of Regents read. “We also appreciate Ian’s commitment and involvement in bringing a person of integrity such as Jim Grobe to the University before making this decision.”

It should be expected McCaw let Grobe know of the situation when making the quick coaching hire, although Grobe likely knows this is a short-term deal anyway.

McCaw joined the Baylor program in 2003.

NCAA has no comment on Baylor Title IX violations at this time

ARLINGTON, TX - APRIL 06:  NCAA President Mark Emmert speaks to the media during a press conference at AT&T Stadium on April 6, 2014 in Arlington, Texas.  (Photo by Jamie Squire/Getty Images)
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Last week when the Baylor board of regents released a handful of documents outlining Title IX violations, the university also acknowledged it had been in contact with the NCAA regarding various violations. It remains to be seen what, if anything, the NCAA will do in response to the Baylor situation that led to the dismissal of head coach Art Briles. For now, the NCAA has no comment, which is a pretty regular way of staying out of trouble on a sensitive subject.

It would be unwise for the NCAA to open its mouth and say anything regarding the Baylor situation at this point in time. Baylor is still sifting through the mess it has uncovered in Waco and looking to establish a sense of order moving forward. As far as football is concerned, that continued on Monday with the reported hire of former Wake Forest head coach Jim Grobe as an interim head coach for the upcoming season.

There are a handful of areas the NCAA could weigh on in the future (including lack of institutional control), but there is never a concrete timetable with anything the NCAA does, and the governing body has yet to open any formal investigation of its own. With a “no comment,” the NCAA is reserving judgement until a later time, which makes perfect sense. The NCAA is already keeping its distance as it wants to avoid overstepping its boundaries as it did in responding to the Jerry Sandusky scandal at Penn State.

This does not mean Baylor will be left off the hook when it comes to the NCAA, because this is something that could drag on for a while.