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OT: NCAA issues Notice of Allegations re: Miami

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February 19th, 2013 at 11:13 PM
#1
ixcuincle
ixcuincle's picture
Joined: 08/11/2010
MGoPoints: 3173
OT: NCAA issues Notice of Allegations re: Miami

http://twitter.com/BryanDFischer/statuses/304065666548396032
 

"RT @ByTimReynolds: AP Source: Notice of allegations against Miami includes the dreaded "lack of institutional control" charge."

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February 19th, 2013 at 11:17 PM | You are confused. (Score:5 Normal)
acsherman
Joined: 08/24/2011
MGoPoints: 141

The NCAA must be issuing itself the notice of allegations including lack of institutional control.

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February 19th, 2013 at 11:18 PM | (No subject) (Score:5 Normal)
ixcuincle
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Joined: 08/11/2010
MGoPoints: 3173

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February 20th, 2013 at 10:24 AM |   "LOL"-NCAA   (Score:2)
MGoSteelers
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Joined: 06/19/2011
MGoPoints: 188

 

   "LOL"

                                         -NCAA, Feb. 19, 2013

 

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February 19th, 2013 at 11:17 PM | Notice of allegations =/= results. (Score:5 Normal)
hart20
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Joined: 05/25/2011
MGoPoints: 3705

Notice of allegations =/= results.

Yep, that's Simba made out of a pineapple.

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February 20th, 2013 at 12:15 AM | They don't technically, but (Score:3 Normal)
wesq
Joined: 08/21/2009
MGoPoints: 448

They don't technically, but now the burden of proof falls on the school.  I remember from the practice violations most of the time the charges stick.  I think Michigan was able to successfully appeal one of the violations, speculation was that was in part because Michigan was so forthcoming with their own investigation.  Going to war with the NCAA won't work.

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February 20th, 2013 at 12:31 AM | I disagree; going to war with the NCAA does work. (Score:2 Normal)
hart20
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Joined: 05/25/2011
MGoPoints: 3705

Ohio St. Is a perfect example of that. The way PracticeGate was handled was out of the norm. When facing the NCAA, it's best to shut up and be as unhelpful as possible.

Yep, that's Simba made out of a pineapple.

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February 20th, 2013 at 6:57 AM | I kind of disagree (Score:2 Normal)
vablue
Joined: 11/28/2011
MGoPoints: 211

For what Ohio actually got caught doing, they got a pretty good smack.  If they cooperated more might the NCAA have uncovered all the free cars and such, maybe but I doubt it.  Michigan cooperated because they honestly did not think they did anything wrong, who knew we had some extra stretching.

Miami's only room to argue is that the NCAA screwed up, not that they did not have a massive violation of the rules.  Unfortunately for them, this is not a court of law and that mistake does not matter.  It just makes the NCAA look stupid.

That said, Miami probably has nothing to lose by going to war so why not give it a try and bring the NCAA down too.

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February 20th, 2013 at 2:42 PM | OSU received very light (Score:1)
CalifExile
Joined: 03/02/2010
MGoPoints: 1330

OSU received very light punishment for what they actually did: the headcoach knowingly played numerous ineligible players for an entire year and lied to the NCAA about it.

"After all was said and done, there was nothing left to do."

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February 20th, 2013 at 9:37 AM | OSU really didn't go to war (Score:3 Normal)
saveferris
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Joined: 07/02/2009
MGoPoints: 3072

OSU really didn't go to war with the NCAA, they were just forthcoming with the violations that they knew they couldn't cover up and then gave a token self-penalty in the hopes that the NCAA wouldn't ding them harder.  All the other stuff that involved Pryor (cash for team equipment, "rental" cars) the NCAA never got to ask him about because suddenly he decided to forego his senior year and enter the supplemental draft.  That was a "decision" that the Ohio administration pushed him into, I'm certain.

Ohio is pretty good at hiding their dirty laundry, but make no mistake, they are very SEC in their approach to managing their athletic programs.  The Cooper years had a terrible psychological impact on that fanbase and they are bound and determined never to let that kind of impotence against Michigan occur ever again, and they've compromised their ethics to ensure that very fact.

 

"...what do you say, is it the new Bluesmobile or what?"

"Fix the cigarette lighter."

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February 19th, 2013 at 11:24 PM | what (Score:0)
omgcodysignedon
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Joined: 11/02/2010
MGoPoints: 22

what does this even mean? why is this taking so long?

This is Michigan Fer Godsakes, We win Sugar Bowls here

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February 20th, 2013 at 12:52 AM | (YTM)? (Score:1 Redundant)
MGoAlexander
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Joined: 11/14/2012
MGoPoints: 300

(YTM)

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February 19th, 2013 at 11:34 PM |   http://twitter.com/BryanDFi (Score:2)
ixcuincle
ixcuincle's picture
Joined: 08/11/2010
MGoPoints: 3173

 

http://twitter.com/BryanDFischer/statuses/304070794437337091

RT @davehydesports: Miami statememt is an all-out war on NCAA. Man your battle stations, folks

And Shalala's full statement here.

http://twitter.com/BFeldmanCBS/statuses/304071360378982401

Univ. of Miami Prez Shalala's entire statement on NCAA's Notice of Allegations: bit.ly/135cHIu

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February 19th, 2013 at 11:37 PM | I'm tired of schools using (Score:5 Normal)
Gordon Berenson
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Joined: 04/13/2012
MGoPoints: 1527

I'm tired of schools using their student athletes as human shields. They (or their boosters) commit violations for years and years, then the NCAA comes in to rightly punish them and all of a sudden they're yelling "but think of the kidddss!". Shoulda thought of that years ago

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February 19th, 2013 at 11:44 PM | Miami is basically claiming (Score:4 Informative)
ixcuincle
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Joined: 08/11/2010
MGoPoints: 3173

Miami is basically claiming that Shapiro is a convicted felon and a bullshit artist. Should be interesting to see how this plays out. 

http://www.hurricanesports.com/ViewArticle.dbml?DB_OEM_ID=28700&ATCLID=2...

  • 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.
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February 20th, 2013 at 12:01 AM | If true... (Score:2)
Erik_in_Dayton
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Joined: 12/03/2008
MGoPoints: 6784

That's wild re: the "corroboration."

It's tough to make predictions, especially about the future. -- Yogi Berra

                         

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February 20th, 2013 at 12:09 AM | Deny and be aggressive (Score:1 Normal)
Gobgoblue
Joined: 07/07/2012
MGoPoints: 773

"all out war."

Not the same situation, but not admitting anything worked for Ohio State.

Miami makes a fair amount of $$, be as it may, not as much as OSU, but I feel like one of the factors in these rulings is how important the school is to CFB.  Miami hasn't been a powerhouse for a decade or so; it would not be out of the realm of possibilities that NCAA slams YTM hard for this one.  

It'll set a precedent.  But, of course, NCAA won't follow that!

I love Greg Mattison

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February 19th, 2013 at 11:38 PM | I'm sure they'll lose a whole (Score:4 Normal)
natesezgoblue
natesezgoblue's picture
Joined: 05/24/2010
MGoPoints: 2336

I'm sure they'll lose a whole 5 scholarships and have two year bowl ban...

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February 20th, 2013 at 6:47 AM | I've heard they are also (Score:1)
wolverineswag
Joined: 03/12/2012
MGoPoints: 144

I've heard they are also thinking about a $75 fine, but that is being tabled till all of the Trustees meet and discuss.

"Fortune leaves always some door open."

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February 20th, 2013 at 8:20 AM | Miami boosters (Score:3 Normal)
ND Sux
Joined: 10/01/2009
MGoPoints: 3131

are lining up to pay the fine. 

"I promise you we would have walked to the University of Michigan."  - Brady Hoke

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February 19th, 2013 at 11:39 PM | Tim Reynolds (Score:2)
LSA Aught One
Joined: 08/24/2011
MGoPoints: 854

Isn't he playing violin for DMB?

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February 19th, 2013 at 11:48 PM | Violin is Boyd Tinsley. (Score:3 Informative)
LongLiveBo
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Joined: 08/05/2009
MGoPoints: 1081

Violin is Boyd Tinsley. Guitar is Tim Reynolds.

The Team, The Team, The Team.

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February 20th, 2013 at 2:46 AM | Saw Tim Reynolds at the Ark once (Score:3 Insightful)
Jon06
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Joined: 09/19/2009
MGoPoints: 2084

He claimed to be an alien. Just thought you should know.

RIP my avatar, June 14, 1998 - October 26, 2012.

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February 19th, 2013 at 11:39 PM | In my opinion, that is a (Score:4 Normal)
TheGhostofYost
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Joined: 04/20/2011
MGoPoints: 2559

In my opinion, that is a very, very stupid public statement for Miami to issue.

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February 20th, 2013 at 1:26 PM | I think it's a decent move actually (Score:1 Overrated)
Gordon Berenson
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Joined: 04/13/2012
MGoPoints: 1527

the NCAA looks really weak and stupid right about now and Miami is trying to take the upper-hand in the court of public opinion by re-raising the NCAA.

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February 19th, 2013 at 11:42 PM | about time (Score:3 Normal)
russale2012
russale2012's picture
Joined: 11/30/2011
MGoPoints: 2640

I'm shocked this whole process has taken this long. But whatever competitiveness the Miami program has built under Golden will get erased pretty quickly. I'm guessing a 2-3 year bowl ban and severe scholarship reductions are on deck.

It's been a lot. Its been a roller coaster that for some reason seemed like it would never get good. But you know what? We kept fighting. It's like that old saying goes, "Those Who Stay Will Be Champions." -David Molk

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February 19th, 2013 at 11:42 PM | It's hard picking who to root for in this fight (Score:5 Normal)
93Grad
Joined: 07/26/2011
MGoPoints: 820

Two bumbling hypocritical and unlikable organizations squaring off in slap fest.

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February 20th, 2013 at 12:19 AM | Close one, but I think I'll (Score:5 Normal)
Ventilator
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Joined: 01/24/2012
MGoPoints: 179

Close one, but I think I'll root for the organization that wasn't involved in paying for hookers.

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February 20th, 2013 at 9:28 AM | Which one didn't pay for (Score:3 Normal)
2Blue4You
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Joined: 08/28/2008
MGoPoints: 386

Which one didn't pay for hookers?

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February 20th, 2013 at 9:31 AM | Is Craig James aware of these (Score:2 Normal)
APBlue
APBlue's picture
Joined: 01/07/2011
MGoPoints: 1146

Is Craig James aware of these hookers?  How many were there?  

CJK5H

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February 19th, 2013 at 11:43 PM | Seems like quite an (Score:5 Normal)
ChopBlock
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Joined: 12/11/2011
MGoPoints: 1502

Seems like quite an about-face from meek cooperation that had been Miami's supposed MO in this investigation. I'm hoping that Miami and the NCAA dedicate themselves to taking the other down, and that both succeed.

"The straightest line from A to B is straight: From A to B"

"When you have Denard Robinson, you can have everything"

~George Walden

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February 19th, 2013 at 11:50 PM | I'm rooting for the U on this (Score:-1 Flamebait)
Real Tackles Wear 77
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Joined: 07/05/2008
MGoPoints: 545

I'm rooting for the U on this one.

LSA '11
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February 20th, 2013 at 12:02 AM | Why? (Score:4 Normal)
Section 1
Section 1's picture
Joined: 06/29/2009
MGoPoints: 14295

Why root for Miami?

Anybody know who Miami has retained as their counsel?

 

 

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February 20th, 2013 at 12:20 AM | They could hire Lionel Hutz (Score:0 Overrated)
exmtroj
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Joined: 10/24/2008
MGoPoints: 2211

They could hire Lionel Hutz and it wouldn't make a bit of difference. Maybe they lose a few scholarships, other than that they'll walk away clean.

 

 

"All I've had today is, like, six gummy bears and some scotch"

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February 20th, 2013 at 12:23 AM | I'd tell you, (Score:3 Normal)
hart20
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Joined: 05/25/2011
MGoPoints: 3705

But then I'd have to kill you,

Yep, that's Simba made out of a pineapple.

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February 19th, 2013 at 11:51 PM | . (Score:1)
the Glove
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Joined: 07/01/2008
MGoPoints: 950

I'm pretty sure lack of institutional control was a given.

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February 20th, 2013 at 12:21 AM | What's Not There Anyway... (Score:2)
LSAClassOf2000
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Joined: 01/07/2011
MGoPoints: 8709

As a sidebar to this, the NCAA report on its own conduct outlines specifically what did not end up in the NOA essentially. Page 27 mentions the testimony of Sean Allen, the former equipment manager and an assistant to Nevin Shapiro, and his testimony would have backed up Shapiro's claims that there were in fact mountains of cash, strip clubs and even yachting trips involved in the recruitment of various players. 

In any case, I haven't been able to find the specific text of the NOA yet - I know that the wording was contested for weeks by Miami and the letter was almost delivered last month right before all the investigative impropriety came to the surface. LOIC is still going to get them some sanctions, but it would be interesting to speculate on what they would have gotten if Allen's testimony were still there. 

Supposedly, they are still informing those named. The only person I have seen come up specifically so far is Frank Haith so far, but according SI, there are many more on the list. 

"Funny isn't it, how naughty dentists always make that one fatal mistake."

Follow the random tweets of a Michigan alum - http://twitter.com/#!/LorneEC3

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February 20th, 2013 at 8:10 AM | Android App Super Rant. Sorry. (Score:1)
Danwillhor
Joined: 12/02/2008
MGoPoints: 551

The only difference between Miami and osu is/are the main players being willing to talk. By their own admittance, two people not talking kept osu out of "buddies or not we gotta pimp slap you" punishment. One felt afraid for his life and the other is an osu fan who wouldn't turn on his favorite team (haha). Miami has the guys who threw money, women, tats, drugs, etc around but they are willing to talk for reasons that are obvious but also spite. Ponzi man felt Miami owed him something and was slighted. He'll sleep in his cell with a smile helping the NCAA despite they having ZERO ability to force anyone to speak. Finally, botching it will just make the NCAA come down harder, IMO. The NCAA is like a bipolar teen cramming for a test the night before. They make new rules/powers/shit up as they go, destroy programs for petty crimes and let many off easy for obviously heavy cheating by comparison. USC deserved to get hit but the NCAA admitted their punishment was largely based on assuming an assisstant coach knew with no proof. They invented their own power to punish by assumption. Then, osu's HEAD COACH knew his kids were ineligible, stealing shit, selling shit, feared drug use and drug selling, kids getting $500 handshakes, kids driving sports/luxury cars while also claiming to have sold shit to help Mom pay bills, etc. He knew, lied about it, was caught and everyone knows they have even more skeletons in the closet and they get less than USC because the two zipped lips I mentioned above didn't get the "assumption" treatment USC got despite them both openly saying they had dirt. PSU was a legal matter but they create new rules to nuke them (ok with it but it is a legal matter, not one of athletic/academic advantage or cheating). Botch Miami investigation despite guys on video and in pics talking, players current and ex admitting? No problem. The NCAA's mistake will fuel the punishment handed down out of self spite and an absolute last minute "fuck it" attitude.

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February 20th, 2013 at 6:10 PM | The difference between Miami and OSU (Score:2)
Yeoman
Joined: 06/08/2011
MGoPoints: 2247

is the difference between Miami and Columbus. Luther Campbell vs. Eddie Rife. 2 Live Crew vs. Fine Line Tattoos. South Beach vs. the Olentangy.

Whatever their intentions it would be simply impossible for OSU, or pretty much any school for that matter, to compete with the U on this battleground. The particular improper benefits they could offer are of a different class altogether.

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February 20th, 2013 at 6:46 PM | I mean in regard to (Score:1)
Danwillhor
Joined: 12/02/2008
MGoPoints: 551

I mean in regard to enforcement. Oh, Miami is second to none is what can and likely has gone on just based on it being Miami. However, Cbus also has a very high level of amateur athlete love without the neon lights and ocean breeze.

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February 20th, 2013 at 7:57 PM | Lots of places do. But no one (Score:2)
Yeoman
Joined: 06/08/2011
MGoPoints: 2247

Lots of places do. But no one else is Miami.

The other big difference between Miami and pretty much anyone else I can think of is that at Ohio (and many other schools) this is just a little (or a lot) extra to put them over the top. It's the difference between NC-caliber and maybe-we-can-win-the-conference caliber.

But at Miami it's the difference beween NC-caliber and why-do-we-bother-fielding-a-team. Miami crashed the party in the 80s without the alumni base or resources the other big football schools all have, and now we know why. Except for a brief prior flirtation with illegalities in the early 50s, football at Miami had been awful for decades and showed no signs of change, to the point that the school was on the verge of dropping the sport altogether.

 

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February 20th, 2013 at 9:46 AM | Why (Score:3 Normal)
jackw8542
jackw8542's picture
Joined: 10/30/2010
MGoPoints: 532

is it that the NCAA cannot use whatever information it got from the bankruptcy proceeding?  Is there anything illegal about what the NCAA  did in connection with the bankruptcy proceeding, or is it something in the NCAA charter or rules that precludes it from using reliable information obtained in a judicial proceeding?

In the morning he would read the Bible with another coach. Then, in the afternoon, he would go out and cheat kids who had probably saved up money from mowing lawns to buy those raffle tickets. That's Jim Tressel.

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February 20th, 2013 at 10:21 AM | No lawyer but I believe the (Score:2)
thisisme08
thisisme08's picture
Joined: 12/02/2008
MGoPoints: 1458

No lawyer but I believe the questions asked during the bankruptcy deposition would not have been asked in a normal deposition aka the person was essentially forced to talk about a case they were not there to discuss but because of perjury, they answered the questions hence the NCAA coming into information they had no business getting. 

Blue is Faster

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February 20th, 2013 at 11:57 AM | I asked that same question. (Score:2 Normal)
GoBluePhil
Joined: 09/15/2011
MGoPoints: 312

The NCAA is not investigating criminal activity and they do not fall under the rules of criminal law. If anything their rules are more like a civil court and the is vast leniency in the civil process. Hear say is allowed along with innuendo. I do not believe that all the evidence against Miami is or should be tainted even if it was ill gotten evidence. Different rules for NCAA vs courts of law. Don't get the two confused. Also consider that most penalties are agreed upon by the school committing violations. Thus an agreement takes precedent over everything. Somewhat like a plea bargain. When schools enter into the agreement they give up most rights of rebuttal.

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February 20th, 2013 at 1:41 PM | No.... (Score:0 Overrated)
Section 1
Section 1's picture
Joined: 06/29/2009
MGoPoints: 14295

No, I think the replies above are missing the point.

If people could get over their hate for the NCAA, and moderate their dislike for Miami, I think there is an interesting, and very complicated story that is very much worth talking about.

The NCAA has absolute power, to request statements from the personnel within member institutions.  But the NCAA has no power to subpoena witnesses.  I hope that clears up some of the misconceptions above.

And Hearsay rules apply in civil lawsuits just as they do in criminal cases.  So that was another misconception cleared up.  But NCAA investigations are not legal cases.  True, NCAA investigations often glom onto criminal and civil cases.  There was an element of that in OSU's tatgate (the federal criminal investigation of Ed Rife) and in the Michigan basketball scandal (the federal criminal investigation of Ed Martin and the perjury investigation of Chris Webber).

As far as I can tell, the main reason that the NCAA has distanced itself from the use of testimony and evidence from Nevin Shaprio's bankruptcy proceedings is that there was -- by the NCAA's own admission and standards -- an improper contact with, and payment of, Nevin Shapiro's personal counsel on the part of NCAA investigative counsel.  I'm still trying to understand what was so inherently bad in that instance, but you get the flavor from this Miami Herald story:

http://www.miamiherald.com/2013/02/19/3241012_p2/external-review-some-ncaa-staffers.html 

The gist being that professional scumball Nevin Shaprio hired attorney Elena Perez, and Ms. Perez was thereafter involved in the interviews/procurement of testimony from a bunch of interview subjects, 12 of which were ultimately excluded from the NCAA's investigative process when it became known that Ms. Perez was billing the NCAA for some of her services and it appeared that the NCAA was using Ms. Perez (while Nevin Shapiro's counsel) to advance its own investigation.

Speaking only for myself, and not being one of the investigators of course, it seems to me as though the NCAA's malfeasance goes only to a level of casualness/outsourcing/laziness in their investigation.  People can call it a breach of investigatory ethics if they wish; I might not argue the point on its technical merits.  But I hope people can understand how mild was any screwup on the part of the NCAA in the great scheme of things.  I really think that Miami is trying to extricate itself by making the NCAA look bad.  It's not flying with me; I wonder if others feel as I do. 

Now, the reason that I asked above if anybody knew who was running the defense of Miami with regard to the NCAA investigation is that it seems to be wholly unlike both the Michigan and Ohio State football investigations of recent years.  The preeminent NCAA lawyer Gene Marsh was involved in both cases.  Marsh was Michigan's counsel in the Stretchgate case; and he was Tressel's personal counsel in Tatgate case.  And in both of those cases, the investigations were beyond reproach and were resolved mostly cooperatively.  (In the Michigan case, Michigan opposed, and prevailed, any personal charge against Rich Rodriguez.  In the OSU case, the school proposed a self-imposed sanction that did not include a bowl ban and lost on that proposal wherein one was imposed.)

Yes, Miami seems to be taking an approach that Gene Marsh would not likely associate himself with.  It's a messy, confused, complicated story, no matter what.

 

 

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February 20th, 2013 at 11:59 AM | I hope Miami issues the NCAA (Score:1)
Soulfire21
Soulfire21's picture
Joined: 03/18/2010
MGoPoints: 3130

I hope Miami issues the NCAA a notice of allegations, including the dreaded lack of institutional control, because they botched this.  Well, everything, it seems.

HAIL.

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February 20th, 2013 at 1:36 PM | Hmmm.... (Score:1)
French West Indian
French West Indian's picture
Joined: 12/28/2011
MGoPoints: 928

....what if the NCAA did dissolve and schools could just literally do whatever they wanted?  Might a wild west style free market be better for college sports?  I don't know but I suppose it would be more honest if schools like Miami could just say, "Yeah, we hook the kids up.  Deal with it."

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February 20th, 2013 at 6:09 PM | Schools already can do (Score:2)
Yeoman
Joined: 06/08/2011
MGoPoints: 2247

Schools already can do whatever they want. (Well, within limits. The prostitutes and drugs might have run afoul of various state and federal laws.)

No one forces schools to belong to the NCAA. If any group wants to split off and play wild-west style free-market football, they're welcome to it. The NCAA exists because the schools desire it; if for some reason it dissolved they would probably create a substitute.

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