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Miami reportedly files motion to dismiss NCAA case

Donna Shalala AP

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.

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34 Responses to “Miami reportedly files motion to dismiss NCAA case”
  1. tommy57 says: Mar 29, 2013 2:56 PM

    PA Governor Corbett is watching closely!!!

  2. mogogo1 says: Mar 29, 2013 3:02 PM

    If this were a case in the normal judicial system, there’d be no hope of convicting Miami on any of these charges any more. Even the ‘Canes biggest detractors certainly wouldn’t bet their lives an the validity of any of these charges.

    Maybe they’re guilty, but the investigation was such a dirty sham that it’s simply impossible to know what really happened. The NCAA did more to harm themselves in trying to catch Miami here than anything Shapiro and the ‘Canes ever could have done.

  3. ajarkoski says: Mar 29, 2013 3:15 PM

    The investigators were bad, so let the guilty go free? I think this will go done just as bad as Penn St. You simply cannot allow cheaters to get away, otw, the NCAA loses all credibility and respectability. Not saying those aren’t already damaged, but Miami going down the path of grandstanding and acting pompous, will not end good (ie, USC Trojans)

  4. MasMacho says: Mar 29, 2013 3:29 PM

    If the U conducted an inquiry into Shapiro’s level of access to the program, there is no way for Miami to avoid a LOIC judgment and subsequent penalty.

    Either they ignored what they found or didn’t find anything, in either case they are accountable. Whether the NCAA used unethical tactics to gain / corroborate information is immaterial. No way the NCAA lets that go.

    Miami is in real trouble, and this is all just a smokescreen to hide a truth that Miami knew that it was going on (Whatever it was). Given the history of infractions at Miami, there is no way this ends well.

    The U is only doing whatever it can to avoid substantial penalties… from my POV there is little hope for their program at this point.

  5. rodge1 says: Mar 29, 2013 3:31 PM

    @MasMacho

    Its a good thing your point of view matters to nobody.

  6. MasMacho says: Mar 29, 2013 3:33 PM

    @rodge1,

    Nor yours. The truth hurts, I know. You’ll get over it. Marlins baseball is only a week away. There’s that new Dolphins logo you can look forward to.

  7. rodge1 says: Mar 29, 2013 3:38 PM

    @MasMacho

    What truth hurts?… That I still live in south FL and the beach is 5 minutes away?… Oooooohhhh, the humanity!!!!

  8. 10kmp says: Mar 29, 2013 3:39 PM

    What a bunch of B.S. The NCAA is a clown show run by ass clowns. I am in no way a Miami fan (Ohio State alum), and quite obviously the Shapiro debacle isn’t/wasn’t above board… but the hypocritical, self important simpletons who run the NCAA are so unbelievably inept that it wouldn’t surprise me if this case just went away. I would love the B1G, PAC12, Big12, SEC and ACC (and ND) to cede from the NCAA, form their own association, and have their own playoff/championship game.

  9. rodge1 says: Mar 29, 2013 3:41 PM

    @MasMacho

    I don’t mind the new Dolphins logo, and they’re on the rise. The Marlins will suck until they get a new owner. I think the Heat are doing ok this year.

  10. MasMacho says: Mar 29, 2013 3:44 PM

    @rodge1

    That the U is facing substantial penalties, an no amount of NCAA stupidity will change that. This is the truth.

    The NCAA’s allegation to the U is that they knew what was going on and failed to act. They have asked for information pertaining to the U’s investigation into Shapiro’s involvement.

    Enjoy the beach. It’ll be a good substitute for Saturdays without football.

  11. rodge1 says: Mar 29, 2013 3:51 PM

    @MasMacho

    Ok, relax sweety… Truth is nobody knows, not me and more importantly you don’t know what will happen. So you and Skip Bayless can enjoy your Cane-bashing until then. Good day ma’am.

  12. oldforester says: Mar 29, 2013 3:56 PM

    The NCAA has lost its legitimacy. It is unable to control college sports and is a mockery. The pendulum has swung so far that even ESPN and the money/power brokers need to take notice. If they don’t there is a reason.
    NCAA’s incompetence is allowed because it benefits others. There is no other reason. The power and control that the money brokers have over college sports requires that they allow the NCAA to remain in charge so that the cash bonanza continues uninterrupted. Enough already!!!

  13. MasMacho says: Mar 29, 2013 4:38 PM

    @rodge1

    Personally I’m a Richard Sherman fan. (He shops at my grocery store when he’s here in the greater Seattle area).

    The good news is we don’t have to debate what will happen because it will soon be known. Bummer about Marquette.

  14. fatcamper says: Mar 29, 2013 4:53 PM

    Is there anyway the NCAA can find themselves guilty of a lack of institutional control?

    They have taken something as simple as finding a school guilty of violating NCAA rules and bumbled it to the point one the largest infraction, short of butt-raping children, will be overlooked. Nevin Shapiro and his big mouth were serving this one up on a platter and the NCAA botched it. Nice work hiring Mr. Magoo to head things up.

  15. necr0philia says: Mar 29, 2013 5:39 PM

    I can’t believe there is so many people calling for the head of the U. If anything people should be backing the U and hoping for The NCAA to be torn apart. Honestly the ones calling for the U to punished more HAVE NO CLUE with what is going on. You read a bunch of different articles and pass judgement on what you read. If it were that simple the case would have been closed 2 years ago! The few of you crying foul play YOU ARE ONE OF THE BIGGEST PROBLEMS WITH AMERICA 2DAY!! But go ahead and leave some silly comment to me about how I misspelled somethinn or how such and such did this because all your doing is making yourself look foolish!!

  16. thraiderskin says: Mar 29, 2013 5:39 PM

    I strongly believe Miami was quilty of all that was claimed, but I was never a “death penalty” guy. With that said, no way Miami should get nailed now. If I’m Miami, I’m lining up my lawyers for a massive lawsuit against the NCAA. Not only is the evidence now, completely, unreliable, it could be argued that these “false” charges have injured the reputation of the University. To me its a no brainer, Miami gets away with murder and the NCAA get leveled by a lawsuit. Good luck Miami, do what needs to be done to the NCAA and their “we are above our own rules.”

  17. thraiderskin says: Mar 29, 2013 5:40 PM

    quilty = guilty, my bad

  18. thekatman says: Mar 29, 2013 6:17 PM

    No matter the associated guilt at The U over the Shapiro allegations, the NCAA absolutely cannot jsut drop the charges or even lessen them, otherwise, they will be forced to give back money lost and reimbursed to the NCAA from USC. They would be forced to eliminate the rest of the schollie sanctions for 2013 and 2014, AND, and this is a big one, the NCAA would be forced to give back the vacated wins and apologise to Reggie Bush for telling him and the Heisman Trust that he had to give back his Heisman award. Cold day in hell any of this happens; therefore, the NCAA will continue its investigation into Miami and soon-to-occur penalties and sanctions.

    The NCAA already got a ton of flack for being soft on Auburn with the Cam Newton problem, Ohio State with the Buckeye 5 and Tyrell Pryor, and then hammered by over sanctioning Boise State. What a joke that was.]

    The NCAA is what it is, no matter whether you think they do a good or poor job, as long as the membership university president’s vote to keep it intact, it’ll be around.

    Fight On.

  19. thegamecocker says: Mar 29, 2013 6:50 PM

    @masmacho

    You continue to be 100% correct. Quit wasting your time responding to Ms Roget or Nurse Cratchett as I call her. She is a die-hard thug lover who probably believes OJ didn’t kill Nicole. Just ignore trash like her. Necrolhillia isn’t a bad guy though. We are going to have beers next time I’m in Coral Gables. He’s just young and mid-guided but he’s ok.

  20. atxcane says: Mar 29, 2013 7:38 PM

    @masmacho

    A couple things:
    1) EVERY school hires a PI to look into a new booster’s background. You don’t want someone randomly coming up and dumping money into your program only to find out they have strong connections to a drug cartel. Thus, the fact that Miami hired a PI to look into Shapiro is not an eyebrow-raiser of any kind.

    2) Miami hired a PI to look into Shapiro’s business background (again, part of due diligence for ANY university) and came up with what several individual investors and institutions did: clean business.

    3) As far as smokescreens go, this is an *NCAA* smokescreen. If the NCAA really thought there was anything in those emails or meetings (which they’ve known about for going on 3 years now), they’d have brought up these requests and questions *during* the investigation. If they genuinely wanted the information, waiting until *after* the investigation has been closed is just dumb — there is no leverage to get answers (i.e. “the investigation draws out longer unless you give us this information”).

    This latest NCAA leak is a tool to deflect negative attention. The attempts to project something nefarious where the school did what was proper (“you hired a PI, you MUST HAVE KNOWN something was up!”) are laughable across any athletic department. If a school DIDN’T hire a PI to look into new boosters, THAT would indicate negligence.

  21. thegamecocker says: Mar 29, 2013 8:59 PM

    @atxcane

    So every new booster is examined by a PI, HEH? You’re insane and a thug lover like rodge1. Like schools have the resources to do that. That’s just Kah-Kah and you know it. Your U is going down and I mean HARD!!! And your witch of a President should be next….your dead AD Paul Dee, was first.

  22. 10kmp says: Mar 29, 2013 9:25 PM

    @thekatman

    “The NCAA already got a ton of flack for being soft on Auburn with the Cam Newton problem, Ohio State with the Buckeye 5 and Tyrell Pryor”…

    Soft on Newton? Without question as he received no punishment whatsoever. Newton (and his Dad) skated.

    Soft on Ohio State? You’re obviously misinformed. Jim Tressel was fired. He lost his 3.5 million a yr job, his dignity, and his legacy. Terrell Pryor lost his entire senior season and millions of dollars in the draft. DeVier Posey lost his entire senior season with the exception of the michigan game. Boom Heron and Mike Adams lost six and four games respectively of their senior seasons. Pryor, Posey, Heron and Adams were All Big Ten players. Tressel was one of the top five coaches in college football. All of this was lost because five kids decided to sell a few trinkets, some cleats and a jersey in return for some tattoo work, and because Tressel made a ridiculously stupid decision to keep all of that information to himself. Tressel was undeniably wrong, and made an enormous mistake. He deserved punishment… but firing him was too severe. The kids? They were wrong as well, but their punishment far exceeded their “crime”. This says nothing of the 99% of the kids and coaches on the 2011 team who did absolutely nothing to warrant punishment of any kind and suffered through a miserable season. All of this, however, wasn’t enough for the NCAA. To ice their over reaching, vindictive cake, the NCAA saw to it that last seasons undefeated, B1G Leaders Division Championship team was denied its rightful spot in the B1G championship game, and its earned spot in a BCS game (possibly the national title game). Yeah, the NCAA was “soft” on Ohio State alright. Whatever…

  23. bonerchamp says: Mar 29, 2013 9:47 PM

    Miami did screw up but how can anyone believe the evidence that’s only corroborated by a convicted felon who made a career out of lying and cheating? He’s also said that his sole purpose in life is to take down the program. So he admits to having an agenda and swindled a ton of very smart people out of millions but everything he is saying is now true?

    If people are honest with themselves, the hate for Miami is the reason they are guilty and the words of a con man are taken verbatim. Miami will skate. Deal with it.

  24. necr0philia says: Mar 29, 2013 9:48 PM

    Born on date 8-11-1980. 33 years this August. Young compared to an old man yes but old compared to most children here! ( Gamecoker ) lets drink. Hahahha

  25. mancave001 says: Mar 30, 2013 8:01 AM

    “What a bunch of B.S. The NCAA is a clown show run by ass clowns. I am in no way a Miami fan (Ohio State alum), and quite obviously the Shapiro debacle isn’t/wasn’t above board… but the hypocritical, self important simpletons who run the NCAA are so unbelievably inept that it wouldn’t surprise me if this case just went away. I would love the B1G, PAC12, Big12, SEC and ACC (and ND) to cede from the NCAA, form their own association, and have their own playoff/championship game.”

    —-AGREED! The NCAA has lost all credibility. It’s corrupt and drunk with power. In my opinion, its arcane rules CAUSE much of the “cheating” we see. It’s involvement in the Penn State scandal was a disgrace and an insult to the victims of the monster I will not name. I wish the major conferences would give it the finger and move on.

  26. thegamecocker says: Mar 30, 2013 8:39 AM

    @necrophilia

    I’ve got 30 years on you and I am by my own admission an “old man”. I’m not a beer drinker but I’ll hoist one or two with you. But I have a legitimate question for you: why is attendance at Miami games poor compared to other power-house programs? The irony is (at least to me) that they have a National following. There is a loyal contingent who root for Miami from afar but attendance is woeful. Do you have an explanation for this phenomenon? Are tickets super expensive, for instance?

  27. necr0philia says: Mar 30, 2013 10:56 AM

    It’s a small private school most people don’t understand that. 10,000 undergrads. 10,000 that is a lot less than the other power houses and the fact that the stadium is no where near the campus Hurts a lot. But even when Miami was in contention and winning national titles people still didn’t show up like other schools. Oh yeah it’s Miami not Alabama where all they have is football. Miami is a world wide city with world wide things to do!! And congrats I’ll be lucky to make it to your age. Since you don’t drink maybe we could play backgammon!! Haha

  28. 10kmp says: Mar 30, 2013 12:14 PM

    @necr0philia…

    “It’s a small private school most people don’t understand that. 10,000 undergrads”.
    ________________________________

    Notre Dame, also a small private school, has somewhere in the neighborhood of 8,000 undergrads, yet sells out week after week, year after year. I think you were accurate when you said part of the issue is that the school is located in Miami… a world class city with much to do. Just like Los Angeles, the city offers many options for entertainment, and terrific weather in which to do whatever it is you like. That’s only part of the issue, however, as USC doesn’t have the sparse home game crowds that UM has. UCLA doesn’t even have the sparse crowds that UM has, and they play in the Rose Bowl, quite a drive from their Westwood/ campus… especially in LA traffic. Does USC attract the number of fans for home games that Ohio State and Oklahoma do? No, but Columbus, and Norman (much more so for Norman) aren’t exactly LA. Miami has a unique problem all their own being a (former???) power program which couldn’t fill its (rented / off campus) stadium even when they were winning title after title. Now that they’re also-rans the “crowds” are pitiful. When you’re winning and the crowds are small you can still sell recruits on coming to Miami to be in a title chase every year… but when the crowds are tiny AND you’re winning 6 or 7 games a season, well, you’ve got a problem IMO.

  29. necr0philia says: Mar 30, 2013 1:19 PM

    @10kmp

    What can I say other than Miami is NOT a sports town! But since you seem to have all the answers please explain the Phenomena that is Hurricane football attendance. Please try not to stereotype the U fans because there are a lot of die hard ones out there! Believe me I’m a Cane fan for life and was born and raised in Geaorgia. Just moved to south Florida a 1-1/2 ago!

  30. necr0philia says: Mar 30, 2013 1:20 PM

    Sorry fat fingers on this iPhone. Georgia!

  31. thekatman says: Mar 30, 2013 1:46 PM

    Yes, 10kmp. Ohio State did get off easy, as they did not have to forfeit all games those players had played in. Tressel knew what he was doing and a cheater is always a cheater. He was bsuted for cheating at Youngstown too, so the angelic perspective on Tressel is wrong. I can see, though, how the players liked him, but “The Vest” was a crooked as they come…

    Everyone else, remember what the NCAA did to USC. You may or may not like USC, but the fact of the matter is that the NCAA COI made up lies becasue they couldn’t find any incriminating evidence to substantiate their claims. So yes, they took the word of 2 criminals, who had done jail time, and were known on the streets of San Diego for selling drugs and doing unscrupulous criminal activities….. And know that Miami will not have a chance to cross examine any witnesses that the NCAA uses to substantiate the sanctions and penalties…. that’s the way it is, for now.

    Read any of the USC docs and you’ll see exactly how the NCAA operates. It’s criminal, in and of itself.

    Fight On.

  32. 10kmp says: Mar 30, 2013 3:53 PM

    @necr0philia

    I don’t have “all the answers”. This is a debate forum. I have opinions, some strong, but I’ve never thought I had all the answers…

    @thekatman
    “Ohio State did get off easy, as they did not have to forfeit all games those players had played in”.

    You’re wrong. Ohio State forfeited all 12 wins from the 2010 season, their shared B1g championship, and their Sugar Bowl win over Arkansas. That is a matter of fact…

  33. downhillrider says: Mar 30, 2013 11:40 PM

    the NCAA is more corrupt than 10 Shapiro’s. I’m surprised more universitys dont stand up to them since they have no real power.

  34. txnative61 says: Apr 3, 2013 1:18 AM

    This is a twist on the “Fruit of the poisoned tree.”. All the NCAA’s evidence stems from an illegally placed investigator that used spoon fed information from Shapiro furnished to “bring down” the UM program for revenge. This rule of due process has never been popular because it seems to protect the rights of the guilty in many cases, but is in place to prevent misconduct just such as this. Lying to suspects during interrogation is another dubious “witch hunt” tactic. None of this need concern the NCAA because they can make their own rules and laws, and obviously do!

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