Miami reportedly files motion to dismiss NCAA case

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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.

BYU wearing special patch in honor of LaVell Edwards

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BYU got the summer media day fun started on Friday with their football media day. BYU tends to pull out all the stops on its media day with coach and player interviews, alumni returning, and a handful of announcements about the future of the program. In addition to news about their relationship with ESPN, BYU also announced the football team will be sporting a patch this season in honor of the late LaVell Edwards.

In addition to players wearing the patch on their jerseys, BYU coaches will also wear the patch on their sleeves.

Edwards passed away in December at the age of 86. The BYU coaching legend spent 29 seasons on the sidelines in Provo and accumulated 257 wins along the way. Among those was a national championship season in 1984, which remains the most recent national championship to be claimed by a program not currently in a power conference. Edwards took 22 BYU teams to a bowl game.

Now if we can just keep getting BYU to stick to that lighter shade of blue as their main home uniform, we’ll be in great shape.

Former Vanderbilt football player Brandon Banks found guilty of rape

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Former Vanderbilt football player Brandon Banks was convicted by a jury on Friday for rape of a female Vanderbilt student. Following 15 hours of jury deliberations, the verdict of guilty on one count of aggravated rape and one count of aggravated sexual battery was in.

”He’s shocked but understands that this is only the first part of this process, there’s a lot more to do from here on,” Banks’ lawyer, Mark Scruggs, said after the verdict. ”We have some really good issues to raise.”

Part of Banks’ defense was built on succumbing to peer pressure, suggesting he feared he may be beaten up by teammates if he did not participate in the scandalous activity. The jury, having reviewed videos and photos from the incident, some of which were shot by Banks, determined that was not a viable defense.

”Making fun of another person is not right, but we know it happens,” Assistant District Attorney Roger Moore said in closing arguments, according to the Associated Press. ”But it doesn’t give you a legal defense to commit a crime, particularly not an aggravated rape, an aggravated sexual battery. I mean if that’s the case, then we’d have the ‘football team defense.”’

Banks will serve a minimum of 15 years in prison. One count of aggravated rape has a minimum sentence of 15 years.

Other former Vanderbilt players had previously been convicted for their roles in the 2013 rape. Cory Batey was found guilty of aggravated rape and sentenced to 15-25 years in prison in April 2016. Brandon Vandenbeurg was found guilty and sentenced to 17 years in prison.

California’s state-funded travel ban to discriminating states raises mild football scheduling concerns

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The state of California is banning state-funded travel to the states of Texas, Alabama, Kentucky, and South Dakota. Those states are added to the previous state-funded travel bans that included Kansas, Mississippi, North Carolina, and Tennessee due to what California lawmakers say are laws that allow for discrimination against gay and transgender people.

So what does this have to do with college football? My colleague, Bryan, notes this latest decision from the state means scheduling any potential road games for a handful of schools just got a tad trickier.

This development poses a couple of issues for some California schools to address moving forward.

San Jose State is the school affected by this latest news right off the bat. San Jose State has a road game scheduled at Texas on September 9 this season. San Jose State may have to rely on some of that guaranteed money from Texas to cover the expenses, which would put a dent in the total takeaway from playing the game in the first place.

Cal is also scheduled to play at North Carolina on September 2. Cal also plays at TCU in 2021 and at Auburn in 2024. If the ban is still in operation at those times, then Cal will have to budget ahead of time to tackle the expenses. UCLA will play at Memphis on September 19.

The state-funded travel ban to these states may not be an issue for the postseason, as bowl game expenses tend to be carried by the conference and their revenue shares.

Fresno State has a road game at Texas A&M scheduled in 2020. San Diego State has no future scheduling hassles to worry about for the time being.

When ‘physically, mentally ready,’ door wide open for Keyshawn Johnson Jr.’s return to Nebraska

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Keyshawn Johnson Jr. has yet to play a down for Nebraska, but, if it’s up to Mike Riley, he will at some point down the road.

Earlier this month, the son of former USC great Keyshawn Johnson was cited for marijuana possession and possession of drug paraphernalia.  This past week, the younger Johnson decided to take a leave of absence, with his father stating that his son needed some time to “mature” and will not play for the Cornhuskers in 2017.

Left open at the time was the question of whether Johnson Jr. would ever play for the ‘Huskers, period.  Friday, Riley left the door wide open for a return.

“We’re disappointed that he’s not here with us right now today,” the head coach said according to the Lincoln Journal-Star. “I think there’s kind of a wellness factor for Keyshawn going home. We talked to him about the possibility of maybe enrolling part time and taking care of his progress toward his degree, and also getting in great shape.

“And we opened the door for return, which is just kind of left open that we’ll deal with at the time that he is physically and mentally ready to do that.”

A three-star 2017 signee who was an early enrollee and participated in spring practice, the younger Johnson had been expected to be an immediate contributor for the Cornhuskers this season.