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