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Miami’s motion accuses NCAA of self-corroboration, misleading investigation

Jordan Futch AP

As a private institution, Miami is not required to release documents such as its Notice of Allegations from the NCAA or its motion to dismiss the case. Still, ESPN’s Outside the Lines was able to obtain the university’s letter to the Committee on Infractions¬†asking that the case be thrown out.

Among the improper acts (Miami’s words, not ours) the university alleges are:

  • The NCAA enforcement staff created the concept of “self-corroboration” as an appropriate evidentiary standard, as many of the allegations leveled against the University are based on the testimony of one man (a convicted felon) and were never supported by any other witness or documentation.
  • Throughout the approximate 2′/2-year investigation, the enforcement staff’s impermissible conduct, constant turnover, inexperienced investigators and overall mismanagement caused multiple unconscionable delays in a process which could have been concluded in much less time.
  • As already acknowledged by the NCAA, the intentional use of impermissible investigative tactics by members of the enforcement staff, with the approval of NCAA executives, including the compensation of an outside attorney to solicit information from witnesses, incredibly violated clear and defined policies and is further evidence of an all-out approach to prove the most salacious allegations rather than discover what actually transpired at the University.
  • Perhaps most distressing and unconscionable, on multiple occasions, members of thee enforcement staff intentionally misled the University by withholding key information, failing to inform the University of scheduled interviews and, most egregiously, lying to the University and its outside counsel.

That last point is, by its own admission, the most damaging accusation made by the university. As we’ve noted before, the amount of information the NCAA would potentially have to toss aside (in addition to the depositions conducted by Nevin Shapiro’s attorney, Maria Elena Perez) could result in a conversation of whether the NCAA should proceed with the case at all.

My edumacated guess is still that the case will proceed toward a COI hearing, though that entire process could very well be delayed by the university’s motion and its potential legitimacy.

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18 Responses to “Miami’s motion accuses NCAA of self-corroboration, misleading investigation”
  1. alligatorsnapper says: Apr 4, 2013 11:40 AM

    Ben: that is my edumacated guess as well, or perhaps my hope. This is a mess. When the governing body does not observe even basic ethics and fair process, the whole results must as a result be questioned and/or tainted. Either way, drop the case, end the fiasco. Just wipe out the allegations, accusations, and even if any evidence was found. Give Miami a clean bill of health.

    Revamp, retool, revise…get rid of the huge catalog of NCAA regulations. They had better make some serious changes or not go forward with anything. Their credibility is mud. It wasn’t good before, but this sort of goes from muddy water to thick stinking mud!

    Build in checks and balances, accountability levels and ACCOUNTABILITY!!!! No one at the NCAA has ever seemed to be accountable. Where is the Executive Committee, where are the college presidents who are supposed to comprise the NCAA?

  2. dhlions says: Apr 4, 2013 11:44 AM

    Between her time in DC, Gannett and the work she’s done for The U, the NCAA is crazy to think that they stand a chance against her.

    The U has played nice so far, though I can’t imagine taking their kindness for weakness is a good idea.

  3. dhlions says: Apr 4, 2013 11:44 AM

    *Shalala, that is

  4. mogogo1 says: Apr 4, 2013 11:56 AM

    I’m looking forward to somebody writing a book on this fiasco. It will make for great reading. The NCAA took what should have been an absolute slam dunk (a dirty booster decides he wants to nail his former favorite program; it doesn’t get much easier than that) and turned it into a debacle that destroyed its own credibility.

    All because none of the supposed “good guys” had any moral compass whatsoever. Questionable payouts to Shapiro’s attorney…possible job offers to Shapiro himself…breaking their own internal rules left and right. For as sleazy as Shapiro is, I’d rather deal with his kind than what the NCAA has become.

  5. thecrazyasianinseccountry says: Apr 4, 2013 12:07 PM

    mogogo1…
    at least with his kind you know what you’re getting.

  6. atxcane says: Apr 4, 2013 12:17 PM

    I think beyond how badly the NCAA damaged their case against Miami, the NCAA has *really* damaged their credibility with the member institutions.

    I used to think USC got whacked b/c they basically gave the middle finger to the NCAA while they were investigating.

    Miami took the opposite approach and did *everything they could* to aid the NCAA investigation. As it’s coming out now, they did this even as the NCAA was giving *them* the finger (lying to the University, refusing to interview University personnel who were involved, threatening the University).

    After everything the NCAA did to Miami *in spite of* their cooperation, why the hell would any other university play ball? Don’t play ball and we’ll gin up evidence to whack you (USC). Play ball and we’ll gin up evidence to whack you (Miami).

  7. tigersgeaux says: Apr 4, 2013 12:24 PM

    I can’t say it better than all guys did so far. The NCAA needs to either make huge corrections, or just dis-band. Since I don’t think they will do the latter, somebody better make sure they do the former or I think they will be sued over and over again at any future investigation.

  8. mhalt99 says: Apr 4, 2013 1:28 PM

    miami is just mad that they got out scummed by ohio state and maurice clarett……

    i mean two hookers and an eight ball michael irvin is bad….but arsenal in my trunk clarett is worse. so yes miami is as clean as they come……just make sure you have enough penicillin and cipro to pass around.

    actually on second thought the only thing worse than clarett was Scum Dee Paul Dee……can we dig him up and bury him at sea?

  9. bonerchamp says: Apr 4, 2013 2:06 PM

    The lead investigator is writing letters to the judge and dangling money in front of Shapiro before any of the evidence is handed over or vetted. Sounds legit to me.

  10. palmbeachbuckeye says: Apr 4, 2013 2:35 PM

    So the NcAA is supposed to tell Miami exactly what evidence it has before the hearing??? WTF??? I’m sorry, but there were wrongdoings in the investigation, but now this is silly. What prosecuter gives up his evidence before a hearing or trial?? Why should they?? Miami and Shalala knew about Shapiro YEARS before they got caught and there is a trail to prove that. Shalala is shifting blame and distracting from the real truth. Any delay in this only hurts Miami even more, especially in recruiting… NCAA will not give this case up and there is far more to come out on this one..

  11. daiatlas says: Apr 4, 2013 2:37 PM

    That fourth point is crapola. That’s how the NCAA (and most investigators) operate and it is completely ethical and legal.

    When an investigator does not trust anyone in the entire organization, they withhold, lie, etc to the organization in order to learn the facts.

    (And all that is being generous to the NCAA. They royally boned this one up. I mean, bad!)

  12. atxcane says: Apr 4, 2013 2:41 PM

    @daiatlas:

    There is a legitimate conflict in that last bullet point when the investigator is *also* the executioner.

    “Mr. X, you have 2 years of eligiblity left. We have three people that told us you were given 500$ cash by Coach Y [lie]. If you go on the record as saying Coach Y gave you 500$ cash, we’ll give you immunity. If not, you’ll lose your eligibility because you lied to us.”

  13. 305fan says: Apr 4, 2013 3:47 PM

    @palmbeachbuckeye
    ” What prosecuter gives up his evidence before a hearing or trial?? Why should they??”

    It’s called disclosure you moron. They have to by law.

  14. honkerdawg says: Apr 4, 2013 4:12 PM

    The leaders of the NCAA should be fired, and competent, fair ones be selected/elected to a 4 year term. Also their unconstrained power should be reduced so they cannot screw with another program or athlete at their whim.

  15. atxcane says: Apr 4, 2013 4:35 PM

    One very constructive suggestion I would make is to keep the “investigative” and “prosecution” arms separate.

    When the evidence-gatherer is the same guy who is seeking to penalize, it’s not too surprising that you’d get an incredibly one-sided and sloppy investigation.

  16. palmbeachbuckeye says: Apr 4, 2013 8:36 PM

    305… YOU are the moron. Prosecuters release their evidence to the defense attorney, not the suspect when being questioned. So what if they told witnessess someone else said something they didnt, the witness should shut the F up and not say anything.

  17. necr0philia says: Apr 4, 2013 8:51 PM

    @palmbeachbuckeye: you my friend need a Xanax!! Why are you so angry about something that effects your life in no way shape or form? You don’t have to be an Internet Thug to display your hostility to someone you don’t know or about a subject that will not stop the earth from rotating. We all know you want the U to be crushed. If anything you should embrace The U, because without the U your team would have never won the 2002 NC. You know the one where the flag came out 2mins later for PI on Miami!! Yea that one, so start embracing the U!!

  18. atxcane says: Apr 5, 2013 12:38 AM

    Whew Ben/John, you guys will have plenty of blogfodder in here:

    http://a.espncdn.com/photo/preview/130404/miami_m362.pdf

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