Miami’s response to NOA: many allegations ‘remain unsubstantiated’

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Confirming what was reported by the Associated Press Tuesday evening, Miami has in fact received its Notice of Allegations from the NCAA following an investigation into the program spanning over two years.

As of last month, that investigation appeared to be coming to an end with multiple outlets reporting the NCAA was close to handing Miami its NOA. That step took a backseat in a major way less than two weeks later when the NCAA announced it was investigating itself for improper conduct related to the Miami case.

The results of that independent investigation revealed select enforcement staff, including soon-to-be former Vice President of Enforcement, Julie Roe Lach, allowed Nevin Shapiro‘s attorney to depose witnesses in a bankruptcy case in order to seek information related to the UM investigation in exchange for money — despite the fact that the NCAA’s legal staff did not sign off on that particular tactic.

The NCAA did, however, sign off on continuing its investigation of UM and sent the university its NOA on Tuesday — this coming after Miami president Donna Shalala released a scathing open letter asking demanding no additional punitive measures be taken.

As one would imagine, Shalala’s response to the NOA is no different. In a release, Shalala claims that while Miami “takes full responsibility for those NCAA violations… based on fact”, many “allegations included in the Notice of Allegations remain unsubstantiated.” Shalala also directly attacks Shapiro’s claims of providing lavish benefits to athletes, including cars, bounties, and prostitution, calling the story “fabricated.”

It should be pointed out that, because the NCAA lacks subpoena power, it has considerably less access to relevant parties. That’s a big reason why the misconduct of using an attorney to depose witnesses for information occurred in the first place.

But if the NCAA is alleging certain violations by Miami that cannot be backed up without using information provided by Shapiro’s attorney, then the university could have a compelling counterargument on its hands. UM is a private institution and therefore not required to release the NOA.

Point being, Miami looks like it’s prepared to fight this one — be it in front of the COI or in a court of law.

Anyway, here’s Shalala’s statement in its entirety:

“The University of Miami deeply regrets and takes full responsibility for those NCAA violations that are based on fact and are corroborated by multiple individuals and/or documentation.  We have already self-imposed a bowl ban for an unprecedented two-year period, forfeited the opportunity to participate in an ACC championship game, and withheld student-athletes from competition.

“Over the two and a half years since the University of Miami first contacted the NCAA enforcement staff about allegations of rules violations, the NCAA interviewed dozens of witnesses, including current and former Miami employees and student-athletes, and received thousands of requested documents and emails from the University.  Yet despite our efforts to aid the investigation, the NCAA acknowledged on February 18, 2013 that it violated its own policies and procedures in an attempt to validate the allegations made by a convicted felon.  Many of the allegations included in the Notice of Allegations remain unsubstantiated

“Now that the Notice of Allegations has been issued, let me provide some context to the investigation itself:

> Many of the charges brought forth are based on the word of a man who made a fortune by lying. The NCAA enforcement staff acknowledged to the University that if Nevin Shapiro, a convicted con man, said something more than once, it considered the allegation “corroborated”—an argument which is both ludicrous and counter to legal practice.

> Most of the sensationalized media accounts of Shapiro’s claims are found nowhere in the Notice of Allegations.  Despite their efforts over two and a half years, the NCAA enforcement staff could not find evidence of prostitution, expensive cars for players, expensive dinners paid for by boosters, player bounty payments, rampant alcohol and drug use, or the alleged hundreds of thousands of dollars in cash and gifts given to student-athletes, as reported in the media.  The fabricated story played well—the facts did not. 

> The NCAA enforcement staff failed, even after repeated requests, to interview many essential witnesses of great integrity who could have provided first-hand testimony, including, unbelievably, Paul Dee, who has since passed away, but who served as Miami Athletic Director during many of the years that violations were alleged to have occurred.  How could a supposedly thorough and fair investigation not even include the Director of Athletics? 

> Finally, we believe the NCAA was responsible for damaging leaks of unsubstantiated allegations over the course of the investigation.   

Let me be clear again: for any rule violation—substantiated and proven with facts—that the University, its employees, or student-athletes committed, we have been and should be held accountable.  We have worked hard to improve our compliance oversight, and we have already self-imposed harsh sanctions.   

We deeply regret any violations, but we have suffered enough. 

The University and counsel will work diligently to prepare our official response to the Notice of Allegations and submit it to the Committee on Infractions within the required 90-day time period. 

We trust that the Committee on Infractions will provide the fairness and integrity missing during the investigative process.”

 

WVU wideout Dillon Spalding transfers to James Madison, will play against old team in Week 1

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In the NFL, you’ll often see teams sign a player who was just cut off another team the week or two before they wind up playing that opponent. We could sort of have a college football version of that scenario in the case of wide receiver Dillon Spalding.

The former West Virginia redshirt freshman announced on Twitter that he had committed to James Madison and would be transferring to join the team in 2019. The team’s opponent in Week 1? None other than the Mountaineers in Morgantown.

Of course any knowledge Spalding might bring with him is limited given that both JMU and WVU have new coaching staffs in place this year. The former three-star recruit is moving a little closer to his Lorton, Va. hometown and will have all four years of eligibility remaining between redshirting last season due to an injury and the drop down to the FCS level.

The Dukes have added a solid amount of FBS talent recently for new coach Curt Cignetti. In addition to Spalding, former Penn State wide receiver Brandon Polk joined the program this offseason and both will catch passes from ex-Pitt QB Ben DiNucci.

Wildcats see attendance spike after allowing beer and wine sales at Arizona Stadium in 2018

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Arizona posted a disappointing 5-7 campaign in Kevin Sumlin’s first season in Tucson but Arizona fans still came out and enjoyed themselves thanks, in part, to the school allowing beer and alcohol sales for the first time.

As the Arizona Daily Star reports, attendance for the Wildcats home football games actually ticked up last year an average of 2,804 people while incidents of ejections at the stadium did the same — though were below historic averages.

“We’ve been very pleased with the rollout across the board in Arizona Stadium and McKale,” athletic director Dave Heeke said. “This was really focused around a number of things that we’ve done in the area of fan amenities and food service, and beverage selection was a key component.”

Some 43 people were kicked out of seven home games at UA, which is double the 21 from 2017 but well below the numbers the school reported for seasons when they played in-state rival Arizona State. It seems that Territorial Cup contest was the biggest indicator of above-average ejections in a year though game-by-game data was not given.

“I really haven’t noticed an increase in any type of criminal behavior due to beer and wine sales,” UAPD spokesman Sgt. Sean Shields told the paper. “Obviously from year to year the ejections and different numbers change and they fluctuate, but it’s very hard to pinpoint the reason why those happen.”

The amount of revenue generated by beer and alcohol sales wasn’t detailed by the school but Heeke noted it covered the additional costs on game days and the profit overall wasn’t hugely significant. Still, it seems the atmosphere at Arizona Stadium was still enough to lure fans into their seats despite plenty of late starts and a football team that was largely up-and-down in 2018.

Ex-FAU defensive coordinator Tony Pecoraro joins Kansas staff in off-the-field role

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Not many people can say they worked for the very different styles of head coaches Lane Kiffin and Les Miles back-to-back but Tony Pecoraro certainly can.

The recently let go Florida Atlantic defensive coordinator has apparently landed a new gig in Lawrence as a senior defensive analyst, primarily serving under Jayhawks DC D.J. Eliott.

Pecoraro took over the Owls defense in 2018 after spending the previous two seasons running things on that side of the ball for Southern Miss. Things didn’t quite work out in Boca however as FAU couldn’t get off the field like they did in Kiffin’s first year and allowed 31.8 points per game.

The veteran coordinator, who has Power Five assistant experience from a stint at Florida State, was replaced at FAU by longtime Oklahoma State DC Glenn Spencer back in December.

Wisconsin unlikely to join trend of selling beer and alcohol at football games anytime soon

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Wisconsin fans are known to hold more than their own when it comes to enjoying an adult beverage or two before, during and after Badgers football games but they apparently will have to keep waiting for the opportunity to buy a cold one at Camp Randall on game days.

According to the Wisconsin State Journal, a decision on whether or not to allow beer/alcohol sales in the general seating sections of the stadium rests with school chancellor Rebecca Blank and that she is not inclined to change the status quo on such prohibition anytime soon.

“The university believes that there is already an atmosphere of energy and excitement around Badger game days,” a school statement to the paper read. “The addition of alcohol to general seating areas isn’t needed to improve that experience and could detract from it for our students and fans.”

Just in the last two months, Indiana, Rutgers and Illinois have turned on the taps for football games in 2019. That will result in fully half of Big Ten schools allowing such sales in general seating areas as a result this season and it’s turned into yet another lucrative revenue stream for those that have too.

Wisconsin appears resistant to the idea however, doing so in the face of declining attendance for games too. While it is certainly too early to remark ‘never say never’ when it comes to the Badgers, it’s pretty clear this trend isn’t making its way to Madison anytime soon.