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.

Depositions to begin soon in John Chavis-LSU suit

SEATTLE - SEPTEMBER 5:  Defensive coordinator John Chavis of the LSU Tigers looks on during pre-game warm-up against the Washington Huskies on September 5, 2009 at Husky Stadium in Seattle, Washington. The LSU Tigers defeated the Washington Huskies 31-23. (Photo by Otto Greule Jr/Getty Images)
Getty Images
Leave a comment

LSU got the best of John Chavis on the field in November, but the former Tigers defensive coordinator could gain revenge in the court room.

According to Ross Dellenger of The Advocate, Chavis has turned over phone records from November 2014 through Feb. 13, 2015, the key period in detailing whether Chavis violated his contract agreement with LSU in leaving for a lateral position with Texas A&M. At stake is a $400,000 buyout the school says it is owed.

LSU contends Chavis started working for the Aggies before his contract expired on Jan. 31, 2015, a stance seemingly buoyed by the fact Chavis was photographed in Aggie gear while on recruiting trips with A&M coaches.

Chavis filed a countersuit in Texas alleging the school owes him more than $200,000 in unpaid vacation wages and $400,000 in bonuses. Chavis also accused LSU of altering his contract after he signed it — which the school admitted, though in a “nominal” way.

Should the case go to trial, LSU administrators and coaches could be deposed, which every media member in the country should actively root for. Considering the last such suit led to Charlie Strong forgetting his own quarterback’s name and Texas assistants contradicting each other on the stand during Oklahoma State’s similar suit with its former offensive line coach Joe Wickline, LSU coaches and Chavis hitting the stand could lead to absolute gold.

Ex-Vandy RB Brian Kimbrow now an ex-MTSU RB, too

Brian Kimbrow
Associated Press
Leave a comment

Maybe the third time will be the charm for Brian Kimbrow? Or maybe there’ll be no third time, period?

That appears to be the case Kimbrow confirmed to Rivals.com earlier this week that he has walked away from the Middle Tennessee State football team. Not only that, but the running back has walked away from the sport, period.

“I just didn’t love football like I used to and wanted to focus on school and my forensics career,” Kimbrow told the recruiting website. “Just burned out for real.”

Kimbrow began his collegiate career at Vanderbilt as a four-star recruit in 2012. He ran for 748 yards and six touchdowns his first two seasons with the Commodores before he was indefinitely suspended early on in the 2014 season for conduct detrimental to the team. A month later, the then-junior was dismissed from the Vandy football program.

Kimbrow joined MTSU as a graduate transfer earlier this year and participated in spring practice with his new Blue Raiders teammates.

James Pierre, three-star 2016 signee, given release from UNC

5 Sep 1998:  General view of the mascot for the North Carolina Tar Heels displayed during the game against the Miami Ohio Redhawks at the Kenan Stadium in Chapel Hill, North Carolina. The Redhawks defeated the Tar Heels 13-10. Mandatory Credit: Chris Cova
Getty Images
Leave a comment

Once at 26, North Carolina’s 2016 recruiting class has been pared by one.

According to a report from 247Sports.com, 2016 signee James Pierre has been given a release from the National Letter of Intent he signed with UNC.  The recruiting website reports that Pierre was denied admissions by the university, leading to his full release.

Because he has not attended any classes at UNC, Pierre would be eligible to play immediately at another FBS program.  He’d then have the standard five years to use four seasons of eligibility.

A three-star 2016 recruit, Pierre was rated as the No. 48 safety in the country.  In addition to UNC, Pierre held scholarship offers from, among others, Cincinnati, Kentucky, Louisville, Miami, Mississippi State, South Carolina, Tennessee, West Virginia and Wisconsin.

RB Denzell Evans opts to transfer from Arkansas

Screen Shot 2016-05-05 at 7.08.22 PM
Arkansas athletics
Leave a comment

Arkansas lost, at least temporarily, a running back to injury last month.  This month, they’ve lost one permanently, for a whole other reason entirely.

Thursday, Bret Bielema confirmed that Denzell Evans plans to transfer out of his Razorbacks football program.  No specific reason for the parting of ways was given.

The running back will remain enrolled in school until he graduates, then move on to an undetermined location.  As Evans will be a graduate transfer, he’ll be eligible to play immediately if his new college football home plays at the FBS level.

As a bonus for his new program, Evans will actually have two years of eligibility left to use.

The past two seasons after redshirting as a true freshman in 2013, Evans had played in 15 games.  Evans rushed for 84 yards on 13 carries in his Razorbacks career; 48 of those yards and six of the carries came in the fourth quarter of an Oct. 31 win over UT-Martin this past season.

Evans, a three-star 2013 signee, scored a pair of rushing touchdowns in the spring game last month.