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NCAA: Miami’s motion to dismiss ‘attempts to deflect attention’ from allegations

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Considering the NCAA took over two years to investigate Miami’s athletic program for allegations of improper benefits to athletes — poorly, for that matter – its response to the university’s motion to dismiss the case was completed in record time.

Miami submitted its motion at the end of March, in which a letter to the Committee on Infractions claims the NCAA is guilty of, among other things, “self-corroboration” and intentionally misleading the school during the investigation. Miami has asked that no other punishment be levied beyond what the school has self-imposed over the past two seasons.

In a 42-page response, the NCAA doesn’t sound as though it will give in so easily. To put that into context, it would have been a surprise if the NCAA did.

“From the enforcement’s staff perspective the motion to dismiss by the institution and involved individuals are attempts to deflect attention from the significant allegations that remain in the case,” the first line of the response reads, portions of which were obtained by CBSSports.

Though information in the Miami-NCAA case has been obtained and released in bits and pieces, all signs continue to point toward a hearing in front of the COI in June at the earliest. Had Miami’s motion received more consideration — there were questions as to whether the COI could do anything about it to begin with — that hearing could have been delayed or the case could have ultimately been thrown out, per Miami’s request.

Right or wrong, the NCAA still feels like it has something against UM and it appears there are plans to proceed with it.

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40 Responses to “NCAA: Miami’s motion to dismiss ‘attempts to deflect attention’ from allegations”
  1. alligatorsnapper says: Apr 7, 2013 6:40 PM

    The NCAA’s investigation of Miami did that in itself. The NCAA is its own worst enemy. The NCAA has demonstrated in this investigation of Miami, that they are NOT accountable, that the left hand does not know what the right hand is doing, that they do not even follow normal ethics in an investigation, and now want to cover all their own ineptitude up with this response?

    Note to the NCAA: Just drop this matter. Dismiss all charges against Miami and save what his left of your dignity, if there is any.

  2. jkulha86 says: Apr 7, 2013 7:34 PM

    If the NCAA could do their job in a competent and efficient manor then Miami and other schools would be asking to have cases thrown out, or appealing the NCAA’s rulings.

  3. dalucks says: Apr 7, 2013 7:40 PM

    Mark Emmert and the NCAA lack instituional control. The NCAA should get the death penalty.

  4. mancave001 says: Apr 7, 2013 8:04 PM

    “Mark Emmert and the NCAA lack instituional control. The NCAA should get the death penalty.”

    —LOL. Indeed!

  5. 93noles99 says: Apr 7, 2013 8:29 PM

    As a noles fan I love to see the canes down but not like this. The NCAA is a joke! Just dismiss the case they have suffered enough.

  6. effjohntaylornorelation says: Apr 7, 2013 8:41 PM

    Of course it is…it’s the Miami way. I can’t think of any university or college that has constantly and blatantly chose to act so recklessly. Nuke em.

  7. poopiedumdum says: Apr 7, 2013 10:18 PM

    People who support Miami in this matter must also believe in O.J.’s innocence because the glove didn’t fit. All I read is arguments for Miami to be let off hook because of technicalities. Nobody ever poses an actual argument based on innocence vs. guilt. Why? Because we all know they’re guilty! Does anybody really need NCAA to prove it to us?

  8. raysfan1 says: Apr 7, 2013 10:34 PM

    “Poopie”–
    The discussion is not about guilt vs innocence. Miami conceded wrong doings already and self-imposed, among other things, two years’ bowl bans. The issue here is due process. The NCAA has repeatedly flouted due process in this case to where Miami has a legit point in what they request. Frankly, them suing the NCAA for damages at this point would be no surprise.

  9. poopiedumdum says: Apr 7, 2013 10:57 PM

    Raysfan, you are delusional. Two years bowl ban is the punishment for memorabilia for tattoos. This case involves large amounts of cash, prostitutes, drugs, alcohol, as well as involvement of coaching staff and administration, not just players. I and the NCAA laugh at your two year self-imposed bowl ban and “due process” complaint. Almost as hard as your “sue the NCAA” comment. 42 page response by NCAA is a firm commitment to see this through, as they should.

  10. thekatman says: Apr 7, 2013 11:19 PM

    Folks, just review the USC investigation and you’ll understand that the NCAA can do whatever they want, and even if it requires them to make up evidence to corroborate their position.

  11. amosalanzostagg says: Apr 8, 2013 12:08 AM

    Poopie (appropriate name BTW),

    The NCAA is already judge, jury and executioner. Add to the fact that the NCAA went way out of bounds on hiring “outside” influences that had a direct involvement in the NCAA’s investigation is beyond the pale.

    In a criminal court that is trying to get a second bite of the apple. Everything the NCAA has done against the University of Miami has been a WC* and now they want to say “king’s X” , we want a start over.

    Where does Miami go to have discovery on NCAA investigation methods and procedures if it was ready, willing and able to use what ever means necessary in order to obtain the end result, probation and penalties?

    As an ardent Bama supporter, I want clean, well regulated programs for all of college sports, but the NCAA willingly messed up their own investigation and now
    want Miami to go through a longer, protracted process because of their mistakes.

    Why? Job security? Pelts on their belts?

    Remember, institutions, like people, are innocent until PROVEN guilty. The NCAA added to their credibility problem be flouting the same rules of conduct they expect their members to adhere to.

    Roll Tide

  12. soflosportsfan says: Apr 8, 2013 12:12 AM

    Poopie,

    Your basing your argument on ALLEGATIONS. What ever happened to guilty until proven innocent. The NCAA has gone to great lengths to MAKE the allegations true. AS a Cane fan I will say that a lot of these things probably did happen, but the NCAA forgot the importance of finding what was the truth and what they wanted to be true.

  13. atxcane says: Apr 8, 2013 12:42 AM

    As far as I (and the rest of the public) know, maybe about 20k in all those allegations have been proven.

    We know the kids who were suspended from the team over the past 2 years repaid 4k total. I think the rest of what has been corroborated has been a used washer and dryer, dinners at Benihanas, bowling lanes, ‘free’ cover at bars, etc.

    The administration was never even alleged to be involved; the “large amounts of cash, prostitutes, drugs, alcohol” never proved to be true…I’d imagine the alcohol likely *is* true, though I say that from experience at several college campuses, nothing particularly germane to the Miami allegations (i.e. if you think athletes pay for drinks at bars….well, I’ve got a nice bridge to sell you).

  14. atxcane says: Apr 8, 2013 1:20 AM

    @amos
    “Why? Job security? Pelts on their belts?”

    To understand why the NCAA is doing what they’re doing, you have to understand the reality of college football: it’s corrupted across the board (yes, if your team is a top 25 program, it’s dirty, some moreso than others) and the NCAA is wholly unable to police it.

    The NCAA *knows* it is unable to police the programs. It doesn’t look to police *everyone* *fairly*, it can’t. That’s like asking a cop to make sure *everyone* stays under the speed limit. The NCAA instead seeks to “make examples” of programs as a deterrent.

    The problem [outside of tactics] in the Miami case was they didn’t appreciate who they were dealing with. Shapiro came to them with a carefully weaved story (millions in benefits! hookers and blow! agents! boxes and boxes of evidence!) and they immediately salivated at the prospect. They thought this would be an open and shut case — an easy target to reassert their authority.

    Unfortunately for the NCAA, Shapiro is a con-man. This isn’t just an insult, it’s the truest way to describe him (and verified by federal courts): he gains the confidence of his marks through greed, vanity, opportunism, and naivete, then exploits and defrauds them. This is a guy who was able to bilk savvy investors (including a certain AD Barry Alvarez from Wisconsin) out of nearly a billion dollars over the course of a decade. His ‘gift’ is the ability to weave truth and fiction to create a beautiful selling point.

    There is no doubt in my mind that Shapiro picked up bar tabs for athletes, or that he invited athletes to hang out on his boat…that he desperately tried to be involved in the ‘social’ aspect of their lives. He *needed* access to athletes for his greed. His goal was to gain their confidence and trust so when they started pulling big NFL contracts, they would invest with him to keep his Ponzi scheme going. Indeed, he’s said this much himself! He literally says “I needed investors, and when I reached out to those guys [that I'd tried to befriend with entertainment], they wouldn’t give me money!” Those were the first words from his mouth when he surfaced to quote “They turned their backs on me! I’m going to bring that program down! I’m going to bring that program down to Chinatown!”

    So yes, college kids were stupid and took entertainment handouts from a guy you wouldn’t want to be associated with. I was once a savvy college kid in Miami who knew nothing “free” was really free, but even *I* was tempted a few times. So be it, punish them, make them pay back the undue benefits to the bankruptcy trust. If coaches knew about it (Hurtt), blackball them, the longer they’re involved with college kids, the longer the problem persists.

    At this point though, the NCAA is waking up and realizing they were conned. The violations at Miami were the run-of-the-mill-happens-every-weekend-in-a-college-town variety and not the blockbuster they were expecting. They’re desperately trying to save face on this, going so far as to ignore the reams of compliance logbooks, materials, and training (that they’d just a few years ago called “a shining example for the rest of college athletics”) in an attempt to paint Miami with LOIC.

    Abstracting myself from being a Miami fan, it’s really fascinating to watch. It’s akin to the DEA thinking it has caught the kingpin of a drug ring, only to find out the guy they’ve been investigating is a waiter in his 20s who sells weed to make some extra cash. Do they trump up the charges to show that they’re still “tough” and risk a lawsuit? Or do they hit him with 100 hours community service and risk some tool saying they’re “soft on crime”?

  15. thekatman says: Apr 8, 2013 1:39 AM

    @atxcane… Good write up on your assertions that Miami is just ” like every other top 25 team”, however, how do you explain the photographic evidence of Dhspiro’s involvement with Miami, the photos of Shapiro and Shalala together… Thank yes, Shapiro is assumed bag, as is the NCAA COI, but remember the true scumbag of Paul Dee, ex Miami AD who lied, cheated and broke every rile of modern criminal court when he and his minions went after USC. In 4 years of investigation he did not find a single shred of evidence attributable to USC’s complicity in anything resembling an NCAA infraction. In fact USC AD, Mike Garrett was 100 percent correct with his statement that the NCAA investigation was all about jealousy if The Program. Pete Carroll and Land Kiffin recruited better than anyone in D1 ball during those years, and it was the pressure from the conferences, Pac-10 included that prompted he investigation.

    The NCAA, as judge, jury and executioner, can do whatever Emmert wants them to do, and until the member university presidents tell Emmert to go to hell, he will devide the outcome of college sports. And we all know that it will suffer.

  16. effjohntaylornorelation says: Apr 8, 2013 7:07 AM

    Poopie,

    The “memorabilia for tattoos” was at tOSU not Miami. Two very different school with two very different reputations.

  17. atxcane says: Apr 8, 2013 9:22 AM

    @katman

    Shapiro was a booster. Boosters go to fundraisers to donate money. These fundraisers regularly feature members of the University administration and athletic teams. I assure you it is the same at EVERY school. Boosters wouldn’t exist if schools said “hey thanks for the check, but don’t come near us”.

    If you write a $50M check to the University, I *guarantee* the president is going to come out for a photo op where they shake your hand.

  18. thegamecocker says: Apr 8, 2013 9:23 AM

    @thekatman

    Agree 100% with you. Pictures of Shalayla with Shapiro really tell the entire story and she needs to go and this program should be facing the Death Penalty. I hope the NCAA continues to delay action in this case b/c that adversely affects recruiting at the “U”. Paul Dee is now in Hell for his role in the USC situation. Shalayla is just a politician and always will be.

  19. amosalanzostagg says: Apr 8, 2013 9:57 AM

    atxcane,

    Succinct and well designed analysis. Yes, I am quite aware of what the U is facing. The NCAA screwed up on it’s side when they decided to entertain retaining an individual who was involved in the U fiasco.

    Is Miami guilty? We don’t know. Is there a huge amount of evidence and allegations? Yep, if the NCAA had just done a methodical and tedious investigation like they did with SMU, then yes, the U could be facing the Death Penalty. Instead the NCAA has set their own investigation back by doing stupid,
    assine things to themselves.

    Maybe Emmert needs to be reviewed by the NCAA Board.

  20. tuscaloosaguy says: Apr 8, 2013 10:55 AM

    NCAA needs to wrap this one up and direct it’s full attention to awful-barn.

  21. atxcane says: Apr 8, 2013 11:43 AM

    @amos

    The reason the NCAA is in this predicament is that there were huge *allegations*, but scant *evidence* to back it up.

    If there *were* boxes and boxes of evidence, the NCAA would never have gone to the lengths they did to find anything they could. They’ve spent the last year scrambling to get *some* kind of evidence by any means necessary, and are relying on “self-corroboration” for allegations. Does that sound like an investigation where there was a “huge amount of evidence”?

    The old adage “look before you leap” applies well here. The NCAA went all-in before asking “can this guy really back up what he’s alleging?”

  22. thekatman says: Apr 8, 2013 12:08 PM

    Cane fans are in denial about the power if the NCAA COI. As with USC where the COI used the false testimony of 2 criminals out to make some scratch,the NCAA will do whatever it takes to kill Miami.

  23. thegamecocker says: Apr 8, 2013 12:11 PM

    @axtcane says:

    “The old adage “look before you leap” applies well here. The NCAA went all-in before asking “can this guy really back up what he’s alleging?”
    —————————————————————

    Ever hear the old adage: “Where there’s smoke there’s fire”? Because that is really the adage that applies to a thug program that the “U” runs…..and you believe OJ didn’t kill Nicole either….Riiigggghhhttt!!!

  24. thegamecocker says: Apr 8, 2013 12:17 PM

    @Katman

    The biggest criminals here are Paul Dee, presently serving time with Satan; and the Witch Doctor, Donna Shalayla who had a picture taken with Nevin Shapiro! But she said she doesn’t know him! Never met him, she says…..and Bruce Pearl didn’t host a barbecue at his home with recruits…..the picture was doctored……Miami is going DOWN! Maybe the death penalty…..

  25. raysfan1 says: Apr 8, 2013 2:31 PM

    @”Poopie”–
    I never said anything about the adequacy/inadequacy of the sanctions Miami has self-imposed. What I started with was answering your frankly silly question as to why almost nobody is discussing guilt/innocence–the reason is Miami has already acknowledged some level of guilt. I repeat that Miami’s point now is an accusation that the NCAA has violated due process in dealing with this case. As such, Miami could seek legal recourse through filing suit against the NCAA–and such a choice would surprise me not at all. You should note once again that I make no claim as to the merits of such a claim on way or the other. However, I readily acknowledge that, apparently unlike you, I am not of the opinion that due process is either a technicality or something to laugh at.

    One last thing, you should look up the word “delusional” in a dictionary. To paraphrase Inigo Montoya, it pretty clearly does not mean what you think it means.

  26. mogogo1 says: Apr 8, 2013 2:42 PM

    Emmert is a dead man walking. Everybody knows he’s eventually going to be forced to resign so they can clean house and start over, it’s just a question of when that reality wins out.

  27. crazycane says: Apr 8, 2013 4:00 PM

    thegamecocker is salty.

  28. larrycane says: Apr 8, 2013 5:32 PM

    It amazes me how disgusting some of you people are without having any respect for the dead. Paul Dee has passed on and while he was here he set the example in many cases as to how to clean up an athletic dept.
    Paul Dee was not the only person involved in the NCAA decision and I disagree whole heartedy with the decision that was made against USC. How is an institution like USC or any other college capable of policing the parents, uncles etc..? They are not and what happened to USC was not fair and just.
    On the other hand, UM did self impose sanctions and did admit guilt and worked closely with the NCAA (which USC did not), but all for naught as the investigation continues on, based on only about $20k+ worth of benefits which most has been paid back to the bankruptcy court.
    Shapiro has snowed everyone including the NCAA who wanted to hire him as a consultant … As stated earlier, a number of the NCAA division 1 teams are guilty of many small infractions and some large infractions but biased always comes into play when you play judge and jury. The NCAA must relinquish some segment of their stronghold as it is unjust.
    That said, Miami has dealt with the impact of these infractions going into our third year and the impact is unjust.
    To the person bashing PAul Dee grow up, Respect the dead, and move on.

  29. thekatman says: Apr 8, 2013 7:02 PM

    Paul Dee, rest his soul, was the consumate creep in this entire NCAA COI issue with USC and with Miami. It was under Paul Dee’s Athlectic Directorship that Miami was busted for the most heinious scamm of the federal college student loan rpogram upwards of $650,000. It was under Paul Dee, that the Shapiro case evolved. It was under Paul Dee’s chairmanship of the COI that went after USC, because the SEC couldn’t beat USC 4x during Carroll’s tenure and Alabama and Tennessee refused to play USC (they still do, because those boys can’t leave home outside of 500 miles lol), and the Pac-10 schools were whining and complaining that they couldn’t compete against THE PROGRAM.

    As for the Pac-10/12 today, without USC, the conference suffers. The conference’s global reach is due to the USC Trojan family, not Oregon, not Stanford’s and certainly not UCLA’s outreach programs.

    Outside of Columbia, SC, USC is known as The University of Southern California, globally.

    Oh wait, I digressed. Where was I…. yes, Paul Dee, rest his soul….. was a creep and his legacy lives onward as a full fledged lying, cheating and conniving bastard who gottoo big for his big fat britches. Rest his soul.

    Yes Miami did self impose some meager sanctions. Yes they self sanctioned 2 bowl games, but they weren’t eligible for those bowl games and the decision was made at the 11th hour of the season when they knew they weren’t eligible, or would go to a bottom of the rung bowl game. Had Miami’s Board of Directors and Shalala been completely remorseful, they would’ve bowl sanctioned themselves at the beginning of the season not before the 11th game or so. Please, get real folks. All Miami is doing is diversionary tactics. All the negative statemetns made about Shaprio are equally inclusive of Miami’s actions, too. Your school got caught with their hands in the cookie jar, and in some instances with their pants down. Where else would a booster, Shapiro in this case, get to hang out with the team as often and in questionable circumstances as he… or gets to run onto the field with the team? Hmmm…. where’s there’s smoke there’s fire, and it’s aweful hot in Miami now, and it isn’t even Summer.

  30. thegamecocker says: Apr 8, 2013 7:45 PM

    @thekatman

    Great post! If the “U” was truly remorseful, they would have declined any post season play BEFORE the season began. Their tactic to try and convict the NCAA in the media, is not going to work. In fact, they will face similar penalties as that of Penn St, if not the death penalty! And they deserve it!

    @larrycane

    Paul Dee, rest his soul, is STILL IN HELL WITH SATAN!!

  31. thekatman says: Apr 8, 2013 8:17 PM

    I apologise to all for the typos. I’m not an iPad fan and was using my iPad2 to input my comments. I’d trade it out for a new Android tablet anytime.

    @gamecocker…. I went to USCe aka Carolina back in 1973-1974. Was a music major. Quit school to tour and play R&R. Ended up 4 years later in SoCal and finished up college at USC, business degree w/MIS.

    As a junior in high school, my mom married a US Marine Corps fighter pilot and we transferred to Beaufort MCAS in 1970. I graduated Beaufort High in 1972 and started at USCe in Cola, SC in Jan 1973. Lived in SC until 1978 when I moved out to sunny SoCal.

    Put myself through USC playing in bands and doing studio work and work study……. Played in the USC Jazz Band too. Fun days.

    So, her’s to ole SC.
    We all fight on… to victory.
    Go Trojans
    Go Cocks Go.

  32. chachooga says: Apr 8, 2013 8:22 PM

    The NCAA used our justice system to coerce and pressure people into saying what they wanted them to say. This is so shady, and so shameful.

    The used a bankruptcy court hearing to ask questions to ask questions to a person of their interest which had nothing to do with the bankruptcy hearing….why?…so it would be under oath and anything they deemed incorrect or false carried the criminal offense of perjury.

    They then used those “testimonies” to threaten others to testify citing the testimonies they coerced in the bankruptcy hearing.

    UM has paid the piper with schollies and two bowl games and the ACC CHAMPIONSHIP GAME.

    Enough. Maybe some probation, but to ask for anything more is so despicable.

    Especially since this entire investigation was so hyped by the media and the fact that is was UM.

    Especially since the main source is a convicted felon serving 20 years for a freakin billion dollar ponzy scheme.

    Anybody care that Boise State had equal or worse violations confirmed since UM’s was brought under the light, nobody cares, no flash.

    No wonder the NCAA ran an unethical investigation…too much pressure!

  33. necr0philia says: Apr 8, 2013 8:42 PM

    @ everyone:: CAN’T WE ALL JUST HIT A BONG? If you don’t smoke ( I don’t ) take a shot!! If you don’t drink ( Gamecokerrrr) take a chill pill. =====U=====

  34. thegamecocker says: Apr 8, 2013 9:35 PM

    @thekatman

    Here is to both USC’s and to you for earning your degree. Nicely done!

    @necrophilia

    Miami, lead by Shalaylala, is making it worse for themselves. We’ll have beers sometime.

  35. jackericsson says: Apr 9, 2013 6:05 PM

    Death Penalty Now!

  36. ndrick731 says: Apr 10, 2013 1:31 PM

    When it is all said and done it will be another black mark on the hurricane reputation. Wait what am I saying, that is their reputation.

  37. miaheat333 says: Apr 10, 2013 3:35 PM

    thegamecocker says: Apr 8, 2013 7:45 PM

    @thekatman

    Great post! If the “U” was truly remorseful, they would have declined any post season play BEFORE the season began. Their tactic to try and convict the NCAA in the media, is not going to work. In fact, they will face similar penalties as that of Penn St, if not the death penalty! And they deserve it!

    ————————————————-
    That shows what you know. AA team is not allowed to self impose a bowl ban until they become BOWL ELIGIBLE

  38. thekatman says: Apr 10, 2013 4:29 PM

    As a USC alum I wouldn’t wish a huge schollie hit on any school. The only people who are affected by a schollie hit are the players, and that increases their chances of getting hurt.

    Taking away wins is a nebulous penalty for the current players, and the school is usually OK with that as it doesn’t hit the school in the wallet.

    Huge multi million dollar fines area appropriate, and the firing of the coach(es) and the AD will put a stop to the major infractions and a shutdown of the program for 1 year, while allowing any players to auto-transfer to any school, no matter the conference, would be appropriate.

    As much as The U tries to make the NCAA look as a bumbling boob, like Paul Dee, they will only make themselves look bad in the eyes of the press and the sports fanbase, of which the NCAA looks for direction. The more Miami bitches, gripes and whines, the greater the chance the NCAA COI will lay the hammer down on them, as they should.

  39. amosalanzostagg says: Apr 10, 2013 8:27 PM

    atxcane,

    Well said.

  40. thegamecocker says: Apr 10, 2013 8:50 PM

    @miaheat333

    You’re such a tool!! A team can absolutely state it will not accept a bowl invitation under any circumstance before the season starts. There is no rule that states otherwise.

    Your Hurricanes are down the proverbial drain….

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