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Updated: NCAA says Miami ‘grasping at straws’ to get case dismissed, ‘offended’ by remarks

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Earlier this month, a portion of the NCAA’s response to Miami’s motion to dismiss its infractions case was passed along via CBSSports.com. Now, more blurbs from that response to the Committee on Infractions have been revealed through CBSSports and the Associated Press.

The NCAA’s enforcement staff claims, among other things, that Miami is “grasping at straws” to discredit members of the enforcement team, and that it is “offended” (LULZ!!!1!1!!) by remarks in the motion.

(Updated: You can read the entire 42-page document HERE)

“In the enforcement staff’s view, the motions to dismiss are largely based on assumptions, false accusations, misleading statements and meritless claims about the enforcement staff and its investigation. For the reasons set forth below, the enforcement staff requests that the Committee on Infractions deny the motions,” Interim Vice President of Enforcement Jonathan Duncan wrote.

Specifically, the enforcement staff fires back at UM’s assertion that it was “wronged” by the fact that former athletic director Paul Dee, now deceased, was never interviewed.

“Though the enforcement staff did not interview Dee prior to his untimely passing, it was not due to oversight or inattention,” the response reads. “In this case, the enforcement staff planned to and did conduct interviews relating to institutional control issues in June 2012, approximately three weeks after Dee’s passing. Because Dee’s death was unexpected, the enforcement staff could not have predicted that he would not be available for an interview in June 2012. Had the institution or enforcement staff known of Dee’s condition or impending death, the enforcement staff would have exhausted all reasonable efforts to preserve Dee’s testimony.”

The response also comes to the defense of members of the enforcement team, including investigators Brynna Barnhart and Stephanie Hannah. 

“… Overall, the enforcement staff believes that the institution is again grasping at straws in an attempt to disqualify members of the enforcement team with the most knowledge about the case. Not only are these personal attacks based on no evidence that would support the removal of Barnhart and Hannah from the case, they are also not a basis for dismissal of the case in its entirety.”

However, the Miami Herald reported last month that, according to the law firm that conducted the NCAA’s external review of the investigation, Hannah didn’t know her work with Nevin Shapiro‘s attorney, started by her predecessor, Ameen Najjar, was previously given the no-go from the NCAA’s legal team.

“Ms. Hannah assumed there was nothing amiss about the arrangement [with Maria Elena Perez] and that it had been completely blessed prior to her involvement in the case,” Ken Wainstein of the Cadwalader law firm previously told the Herald in an email.

There’s more, but the point is clear: the NCAA made its apology and is now back on its moral high horse. And, in all likelihood, the case will move toward a June hearing with the COI.

But the only thing offensive about this case is the NCAA’s use of the word “offensive”, showing once again how little self-awareness college athletics’ governing body has.

Former Bowling Green lineman settles concussion lawsuit for $700K

DETROIT, MI - DECEMBER 4: The Bowling Green Falcons enters the field prior to the start of the game against the Northern Illinois Huskies on December 4, 2015 during the MAC Championship at Ford Field in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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A former Bowling Green football player who claimed he suffered permanent brain damage has settled a lawsuit with the university.

According to the Toledo Blade, Cody Silk will receive a $712,500 settlement in the agreement reached between himself and BGSU.  As part of the agreement, the university did not admit fault and the former offensive lineman agreed that he would not pursue any further damage claims.

Silk had filed his suit in 2013, claiming “that BGSU coaches and medical staff failed to withhold him from practices after he suffered repeated concussions.”  Silk claimed that he had suffered two concussions in 2010, but was cleared by the football program’s medical staff to return to full-contact status in practice; shortly thereafter, he suffered a third concussion.

The lineman subsequently parted ways with the team, lost his scholarship and dropped out of school.

The settlement came after Silk’s attorneys had asked the Ohio Court of Claims to reconsider their initial rejection.  From the Columbus Dispatch:

 The court initially rejected Silk’s claims, finding Silk signed a release of liability to play football in which he assumed the risk of possible injury. He refiled the claim last year. A state attorney claimed Silk was exaggerating and overreporting his symptoms, but the settlement will keep the case from going to trial.

In their motion for reconsideration, Silks’ representation contended, the Blade wrote, “the release [of liability] didn’t cover ‘wanton and willful misconduct,’ which he alleged BGSU’s conduct was.”

Hogs WR Keon Hatcher undergoes second surgery on same foot

FAYETTEVILLE, AR - SEPTEMBER 5:  Keon Harcher #4 of the Arkansas Razorbacks catches a touchdown pass over Kalon Beverly #32 of the UTEP Miners at Donald W. Reynolds Razorback Stadium on September 5, 2015 in Fayetteville, Arkansas.  (Photo by Wesley Hitt/Getty Images)
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An injury that wiped out most of Keon Hatcher‘s 2015 season has resurfaced.

On social media over the weekend, Hatcher posted a video which revealed his left foot encased in a post-surgery boot.  WholeHogSports.com subsequently confirmed through multiple sources that Hatcher had indeed undergone surgery recently.

The website writes “[i]t’s unclear why Hatcher required the surgery or whether he will miss any practice or playing time because of the surgery.”  The university has thus far declined to address the receiver’s status, although head coach Bret Bielema could be expected to touch on the situation during a post-spring press conference Thursday.

During Arkansas’ Week 2 upset loss to Toledo, Hatcher suffered a broken left foot that at first was expected to sideline him for a minimum of six weeks but, following surgery, ultimately cost him the remainder of the season.

At the time of the injury, Hatcher was the Razorbacks’ leader with 198 receiving yards and two touchdowns.  In 2014, he led the team with 558 yards receiving and six touchdowns.

Hatcher received a medical hardship waiver for the 2015 season, which will allow him to return as a fifth-year senior this season.

QB Nick Johns decides to transfer from Virginia

CHARLOTTESVILLE, VA - SEPTEMBER 25: A Virginia Cavaliers fan reacts to the Cavaliers being charged with a safety in the second quarter against the Boise State Broncos at Scott Stadium on September 25, 2015 in Charlottesville, Virginia.  (Photo by Rob Carr/Getty Images)
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Seeing the writing on Virginia’s depth chart wall, Nick Johns has decided to take his leave of Charlottesville.

As more and more kids are doing these days — especially the cool ones — Johns took to Twitter to announce that he has decided to leave the Cavaliers football program and transfer to an undetermined elsewhere.  According to the quarterback, he was given an unrestricted release from his UVa. scholarship.

Johns, who is not related to returning Cavalier starting quarterback Matt Johns, was a three-star member of UVa.’s 2015 recruiting class, rated as the No. 19 pro-style quarterback in the country and the No. 5 player at any position in the District of Columbia. As he didn’t see the field as a true freshman, Johns’ main claim to fame during his brief time with the Cavaliers was a driving while intoxicated charged he accrued last August.

With Matt Johns and Connor Brewer, a Texas/Arizona transfer, in a dead-heat for the starting job exiting the spring, and former East Carolina starter Kurt Benkert added as a graduate transfer over the weekend, Nick Johns’ decision to leave for a better shot at playing time is understandable.

Wyoming basketball player gives up hoops to play football

BOISE, ID - OCTOBER 24: Head coach Craig Bohl of the Wyoming Cowboys rallies his team at the start of the fourth quarter of the game against the Boise State Broncos on October 24, 2015 at Albertsons Stadium in Boise, Idaho. Boise State won the game 34-14. (Photo by Loren Orr/Getty Images)
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At the expense of its basketball team, Wyoming’s football team has made an early-May addition to its roster.

Austin Conway, a Cowboys basketball player, expressed a desire to play football earlier this year and was given clearance by both head coaches involved, Craig Bohl on the football side, Allen Edwards on the basketball side, to participate in spring practice.  With the 15 spring sessions now in the books, Conway has made his decision and will give up basketball in order to concentrate on football.

Conway, a Colorado high school quarterback, will play wide receiver at the collegiate level as well as return kicks for the Cowboys.

“I had nice long talks with Coach Bohl and Coach Edwards at the end of spring football,” said Conway in quotes distributed by the school. “Both coaches were very supportive. The biggest thing was I just had to follow my heart. I felt really comfortable being back out on the football field this spring. It felt like I was at home back on the field.”

Conway, who took a redshirt for the Cowboys basketball team as a true freshman in the 2015-16 season, will be eligible to play immediately in 2016 and will have four years of eligibility remaining.  The press release stated that the player’s “scholarship will be shifted from the basketball team to the football team beginning in the summer of 2016.”

As for his football credentials, here is the pertinent 411 from the release:

Conway was an outstanding football and basketball player at Overland High School in Aurora, Colo. He was named to The Denver Post’s All-Colorado team for all classifications as a dual-threat quarterback his senior season of 2014. During his senior season, he passed for 1,341 yards and 13 touchdowns and added 509 rushing yards and five rushing TDs. His junior season, Conway accumulated 1,847 passing yards and 1,130 rushing yards for 2,977 yards of total offense. He had a combined 31 touchdowns, 19 through the air and 12 on the ground. 

“Austin showed us during spring football that he has a passion for the game of football and that he had the skills to benefit our team moving forward,” said Bohl. “We were aware of Austin’s football accomplishments in high school. The fact that he has only been away from the game for a year we believe will make his transition a smooth one. He certainly benefitted from going through spring practice with us and will benefit from having a full summer to work with our strength and conditioning staff. We are excited to have Austin as a part of our team.

“Coach Edwards and I have been working together through this process to try and help Austin decide what is best for him. I want to thank Allen (Edwards) for his willingness to help Austin find the path that he feels is best for his future.