Donna Shalala

Miami reportedly files motion to dismiss NCAA case

34 Comments

Given the developments in the Miami situation over the past couple of months, this was anticipated.

Per CBSSportsDennis Dodd, Miami has in fact filed a motion to dismiss the NCAA’s case against its athletics program. The Miami Herald reported earlier this week that UM could file such a motion, with the Associated Press reporting similarly Friday afternoon.

It’s an interesting, and according to Dodd, unprecedented move considering the charges UM is facing. While Miami is a private institution and not required to release its Notice of Allegations — it’s not believed the school will reveal the details of its motion to dismiss either — it’s been reported that the program is facing a lack of institutional control charge.

The AP reported earlier today that the NCAA is alleging Miami officials looked the other way when presented with evidence that former booster Nevin Shapiro provided impermissible benefits to athletes.

From the AP story:

“The NCAA… has asked Miami to detail whether or not it hired a private investigator to look into Shapiro’s business dealings between 2002 and 2005, records of a meeting between at least one athletics department official and Shapiro in 2003, and the findings of a study the school conducted with regard to Shapiro in 2006.

Miami has also been asked to provide copies of certain email exchanges that were about Shapiro, including one from 2008 that was sent to at least one member of the Atlantic Coast Conference’s staff.

If there’s record that Miami turned a blind eye to Shapiro, the Hurricanes could be in serious trouble.

But Miami could have a compelling argument that there’s simply not enough usable evidence for the NCAA to have a legitimate case. The Herald‘s report on Wednesday claimed NCAA’s director of enforcement, Stephanie Hannah, continued to work with Shapiro’s attorney, Maria Elena Perez, to obtain information through depositions that would aid the UM investigation.

While that would be another blemish for the NCAA because it shows a continuation of unethical practices started by Hannah’s predecessor, Ameen Najjar, it’s not nearly as bad as the allegation that NCAA investigators lied to interview subjects in order to gain information.

Hannah’s working relationship with Perez reportedly did not result in any information the NCAA could use in its investigation and Perez’s previous depositions were ultimately thrown out of the NOA. However, if NCAA investigators lied to interview subjects, that information would have to be tossed as well.

Dodd writes that Miami “will include new information regarding the NCAA’s conduct” in the motion. Whether that new information corroborates the Herald‘s report or adds to it isn’t clear. Consequently, how much information, if any, the NCAA would have to scrap is unknown.

There could eventually be a discussion of whether the NCAA should proceed with the case at all, but in the meantime, expect it to go on as planned. As NCAA guru John Infante wrote this week: “Improperly obtained evidence should be removed and the rest of the case should go forward.”

Miami thinks, as it has all along, that it should not face any additional sanctions beyond the ones self-imposed over the past couple of years. But even if Miami could get its case dismissed, all signs indicate that might not happen until after the program files an official response to its NOA.

It’s been no secret Miami planned to fight the NCAA on its NOA. Add in the numerous missteps the NCAA has taken in investigating UM and the Hurricanes certainly have ammo. Just don’t expect that fight to be over tomorrow.

Tim Beckman steps down from volunteer post at North Carolina

CHAMPAIGN, IL - NOVEMBER 16:  Head coach Tim Beckman of the Illinois Fighting Illini gives instructions to his team against the Ohio State Buckeyes at Memorial Stadium on November 16, 2013 in Champaign, Illinois.  (Photo by Jonathan Daniel/Getty Images)
Getty Images
5 Comments

Tim Beckman will no longer volunteer with North Carolina’s football program, it was announced Thursday night.

Head coach Larry Fedora indicated Wednesday his friend and former Illinois head coach was worth the cyclical round of bad press, but this statement from his boss indicated the decision was never run up the proverbial flag pole. Said UNC chancellor Carol Folt:

“When I first learned yesterday that Coach Larry Fedora had invited former Illinois head coach Tim Beckman to serve as a volunteer with the football program, I was surprised and disappointed. The decision for Mr. Beckman to withdraw from his volunteer position was the right thing to do, and moving forward I don’t expect this situation to recur. I continue to put a great deal of trust in Director of Athletics Bubba Cunningham and Coach Fedora to educate and develop our student-athletes and to ensure we meet the high standards we all expect at Carolina.”

Fedora agreed, or at least it was decided for him that he would agree.

“Tim will no longer serve as a volunteer with our program. I brought Tim here to help a friend gain experience from our staff, but after meeting with him today, we agreed his presence had become too much of a distraction.”

Added Beckman:

“I appreciate the opportunity Coach Fedora gave me to stay connected to the sport and be around one of the best staffs in the country.  His willingness to help a friend was a benefit both personally and professionally.  I do not wish to be a further distraction to the team or University and I will no longer serve as a volunteer at UNC. I wish Larry and the program nothing but success going forward.”

Beckman was forced out at Illinois nearly a year ago today after an investigation by a Chicago law firm uncovered a culture of player mistreatment, where Beckman and his assistants routinely pressured players to play through major injuries, and belittled and threatened those who would not.

Beckman sat out the 2016 season, and now he’ll sit out the ’17 campaign as well.

Stanford names Ryan Burns starting QB; Keller Chryst to see action

EUGENE, OR - NOVEMBER 1: Head coach David Shaw looks up at the scoreboard during the fourth quarter of the game against the Oregon Ducks at Autzen Stadium on November 1, 2014 in Eugene, Oregon. The Ducks won the game 45-16. (Photo by Steve Dykes/Getty Images)
Getty Images
Leave a comment

Stanford has named Ryan Burns its starting quarterback, head coach David Shaw announced after practice on Wednesday evening.

A senior, Burns did not throw a pass last season. The only dent he recorded on the Cardinal’s stat sheet was 13 rushing yards on four carries.

Shaw also noted junior Keller Chryst will also see action in Stanford’s opener against Kansas State next Friday night.

“Ryan Burns will start and play a good chunk of the game,” said Shaw. “Keller Chryst will play as well. We’re going to play both guys and try to win a game.

“There hasn’t been a huge separation between the two. Both guys have played extremely well. Ryan has been enough ahead to get the nod.”

Burns has completed one pass in his career — a 13-yard connection against UC Davis in 2014.

Given that lack of experience, it’s a safe bet Burns’ (and Chryst’s) top objectives will be “get it to Christian,” “get it to Christian,” and “for the love of all that’s holy, get it to Christian.”

Stanford enters the season with an FBS-leading streak of 13 straight games reaching at least 30 points.

NCAA reportedly interviewing former Ole Miss recruits in probe into Rebels’ recruiting

NEW ORLEANS, LA - JANUARY 01:  Laremy Tunsil #78 of the Mississippi Rebels celebrate his touchdown with teammates during the second quarter against the Oklahoma State Cowboys in  the Allstate Sugar Bowl at Mercedes-Benz Superdome on January 1, 2016 in New Orleans, Louisiana.  (Photo by Chris Graythen/Getty Images)
Getty Images
3 Comments

You had to know Laremy Tunsil‘s draft night wouldn’t end on draft night.

In addition to costing him millions of dollars, the screenshots posted on the former Ole Miss offensive tackle’s Instagram account, the NCAA launched an investigation into the Rebels’ recruiting arm which, according to a report from Yahoo‘s Pat Forde, has now expanded beyond Tunsil.

Per Yahoo:

NCAA Enforcement representatives have visited Auburn and Mississippi State, and perhaps at least one more SEC Western Division school, this summer to speak with players who were recruited by Ole Miss. The players were granted immunity from potential NCAA sanctions in exchange for truthful accounts of their recruitment, sources said.

Those interviews indicate that the NCAA investigation has expanded beyond the spring focus on former All-American offensive tackle Laremy Tunsil.

Ole Miss was already in the midst of a lengthy investigation which accused the Rebels of 28 violations — 13 of which came in football and nine under Hugh Freeze. The investigation was nearing its end until the draft night hack.

In the meantime, Ole Miss’s 2017 recruiting efforts have taken a beating.

The 11th-ranked Rebels open their season next Monday night against No. 4 Florida State in Orlando (8 p.m. ET, ESPN).

Eyewitnesses say officers assaulted Notre Dame CB Devin Butler

PALO ALTO, CA - NOVEMBER 28:  Trenton Irwin #2 of the Stanford Cardinal is tackled by Max Redfield #10 and Devin Butler #12 of the Notre Dame Fighting Irish at Stanford Stadium on November 28, 2015 in Palo Alto, California.  (Photo by Ezra Shaw/Getty Images)
Getty Images
12 Comments

Eyewitness testimony of Devin Butler‘s girlfriend and the fiancee of Fighting Irish wide receiver Torii Hunter, Jr., say the Notre Dame cornerback was a victim of police brutality during his weekend arrest.

South Bend police say Butler assaulted an officer, punching and slamming him to the ground, which necessitated the use of a stun gun to subdue him. From the AP:

South Bend police spokesman Lt. Joe Galea said that after officers broke up a fight inside the bar they saw two women fighting outside when Butler allegedly shoved one of the women. Butler was agitated and when officers told him to back away he allegedly pushed the officers and then attacked one of them.

The affidavit says Butler tackled an officer to the ground, punched him several times in the side and stomach and pulled off his duty belt.

“He shouted profanities at the officers and started swinging his fist,” Galea said of Butler.

But the eyewitnesses paint a picture diametrically opposed to the account of South Bend police. Butler’s girlfriend Haleigh Bailey told the South Bend Tribune:

“I was there that entire night. Reports say that everyone left the scene but I was still there and saw everything officers did to Devin.

“He was abused, and wrongly arrested. He never tackled an officer and he never intentionally hurt anyone. He had no reason to be tazed because he was never resisting arrest, and he was already on the ground complying when they tazed him.”

Butler has been charged with resisting law enforcement and battery of a police officer — both of which are felonies. He pleaded not guilty.

Police were originally called to the Linebacker bar early Saturday morning after a call reporting fights between patrons and bar security. Bar personnel said the fight was subdued by the time police arrived, but officers intervened in a fight between two women outside the bar. That’s when, police say, Butler shoved one of the women involved. Officers tried to detain Butler, but he resisted and ultimately assaulted the officers. Officer Aaron Knepper was evaluated for minor injuries to his back, arm, elbow and wrist at South Bend’s Memorial Hospital, but was later released.

“That 100 percent did not happen,” Selina Bell, Hunter’s fiancee, told the paper. “Devin didn’t even have the capability to pick someone up if he wanted to. He just got off of crutches the day before.”

Butler underwent surgery in June for a fractured foot, a aggravation of an injury he originally suffered in the Irish’s Fiesta Bowl loss in January.

Added Bailey, in a message to the Tribune:“Reports say that Devin did all of these aggressive things but in reality, he was grabbed by the police from behind and never told who was grabbing him or why they were grabbing him. Devin felt he was doing the right thing but out of nowhere was arrested for simply stopping an argument. He felt he had no reason to be detained… Devin has been in a boot/cast and on crutches recovering for the past 8 weeks. He is in no condition to be lifting weights, working out, or doing any ‘tackling.’ I have not seen him run let alone walk on two feet since the day before his surgery in June. I can assure you he did NOT tackle a police officer but police officers tackled HIM.”

Knepper was found guilty of unconstitutional behavior earlier this month for unlawfully entering a home and mistakenly using a Taser on a 17-year-old boy earlier this month. He was reprimanded in August of 2012 for forcing a 7-Eleven clerk to swallow a tablespoon of cinnamon and eat 10 crackers in less than a minute, and in March of 2014 a 55-year-old South Bend resident and his 76-year-old mother accused Knepper of excessive force resulting from a traffic stop in which they were accused of resisting arrest and battering a police officer.