NCAA judgment day update. No Appeal. University of Miami Leadership Addresses NCAA Report

The UM will NOT appeal the penalties announced by the NCAA today, Tuesday, October 22, 2013.  The University of Miami has issued a report concerning the NCAA sanctions.  Click the following headline to view University of Miami Leadership Addresses NCAA Report.

Excerpts from the statement include:

The University accepts the findings and the additional penalties as detailed in the Committee on Infractions report and will not appeal. The University is grateful to the Committee for a fair and thorough hearing.

As a proud member of the NCAA, the University of Miami remains committed to its fellow institutions and to the core principles that we—the members of the association—have always believed in.

To read more about the NCAA Investigation of the University of Miami, visit www.miami.edu/ncaainvestigation.

This report also includes detailed statements from the Chair of the Board of Trustees Leonard Abess, President Donna E. Shalala, and Director of Athletics Blake James.  Go follow the link above to review the statements

The NCAA sanctions are announced: Miami Hurricanes to lose scholarships but avert bowl ban - UM - MiamiHerald.com

Miami Hurricanes to lose scholarships but avert bowl ban - UM - MiamiHerald.com
The penalties are more severe than I would have expected under the circumstances, but it is reported in this Miami herald that the penalties are “in the tolerable range.” At least it appears over.

Here are the sanctions are reported in the Miami Herald:

·         Loss of nine scholarships for the football team over a three-year probationary period (2014-15, 2015-16 and 2016-17)

·         NO postseason ban.

·         UM basketball will lose three scholarships, one each for the next three years.

There were several former coaches and employees who were individually subject to the NCAA proceeding.  Here is how they reportedly fared:

·         Former UM and current University of Missouri basketball coach Frank Haith was suspended for the first five games of the 2013-14 season. He also must attend an NCAA Regional Rules seminar at the end of the 2013-14 academic year.

·         Former UM football assistants Clint Hurtt and Aubrey Hill and former basketball assistant Jorge Fernandez each received a two-year show cause order in effect from Tuesday through Oct. 21, 2015 – meaning each is effectively banned from coaching in college for two years. Hurtt, a current assistant at Louisville, was also penalized by his university, the NCAA said. Hill is the current head coach at Miami Carol City High.

·         Miami Herald reported that it is unclear whether former UM basketball assistant Jake Morton received any penalties

What now?  UM has 15 days to submit in writing if it intends to appeal any or all of the sanctions and/or the findings of violations, according to NCAA bylaws. The Herald reports that a source said UM will not appeal the penalties.
 

And – Nevin Shapiro, remains in jail, serving a 20-year prison sentence for a $930 million Ponzi scheme where he can no longer slime anyone. In reviewing the Miami Herald reports, it appears that at least part of Felon Shapiro’s ill-motives against UM may have been personal anger because “once the players became pros, they turned their back on me. It made me feel like a used friend.”  Could felon Shapiro been angry that these players failed to invest in his scheme?

UM Held hostage - 781 days. Can we replace the Federal shutdown with an NCAA shutdown

781 days and counting!

Feel free to correct me, but I calculate that it has been 781 days from August 16, 2011, the date I have that the Charles Robinson Article was published on Yahoo Sports until today, Saturday, October 5, 2013.  Yes, I mean it, UM Held Hostage.  2 years, 1 month, 19 days. This is a long time to be punished by a holding a big black cloud over one’s head, especially where UM has applied probably the harshest self-imposed penalties while we all wait for a NCAA to complete its so-called investigation and impose its ruling.

By the way, the NCAA has investigated and absolved itself for its own wrong doing, using an “outside” counsel. What happened since then?

More dates: UM did not receive the NCAA's Notice of Allegations from the NCAA until February 19, 2013.  The hearing was held beginning June 13, 2013.  What’s that been?  115 days or 3 months, 23 day. What are the tribunal members doing?  To each of them I ask: What do you call an order that is released from a tribunal more than 115 days after hearings? Answer: “Stale”  I can think of many courts and administrative agencies that would reverse an order delayed so long and possible rebuke the Judge for the delay in timely rendering.

How can student athletes properly concentrate on school and athletics while they wait for a decision that decides how much they pay for the sins of others long since departed?

Wish of the week: An end to the Federal shutdown to be replaced by an NCAA shutdown.   

NCAA Member schools need to start acting like participating members a/k/a directors over the NCAA, rather than subjects to a monarch and demand better from the NCAA. Any one of them could be next.

SI - never a fan of the University of Miami - takes a critical look at the NCAA and president Mark Emmert

Under Emmert, NCAA enforcement division has gone from bad to worse

Read More: http://sportsillustrated.cnn.com/college-football/news/miami-ncaa/#ixzz2W6jrgJ77

Miami Hurricanes brace for NCAA hearings - UM - MiamiHerald.com

INDIANAPOLIS: Donna Shalala, Miami Hurricanes brace for NCAA hearings - UM - MiamiHerald.com

Waiting for the other shoe to drop.  I am looking forward to reading the SI article titled “The Institution Has Lost Control” (which the Miami Herald reports is set to be released in magazines Thursday). The article is alleged to touch on the “atmosphere of instability, distrust and tension in the NCAA’s enforcement division” since NCAA President Mark Emmert took office in October 2010.

Good luck to the 'Canes with this group. The NCAA will be hard pressed not to try to save face and take it out on the 'Canes.

UM finally comes to hearing Thurs., June 13th. What you can expect

Bleacherreport.com: What Mississippi State's NCAA Probation Means to Miami By Michael Felder
(National College Football Lead Writer) on June 10, 2013

Click the link above to read the entire article.  For those who have not followed College Football for several years, turned on TV or Internet news or read any newspapers - the University of Miami finally has its day in 'court' (before an NCAA internal board) this Thursday, June 13.  What can we expect from what, in my opinion, is universally accepted as "tainted" proceedings which has seen firings of NCAA enforcement administrators and investigators, exclusion of some evidence and the over-empowerment, a ridiculous granting of a public stage, to an admitted liar and convicted felon.  In summary, the author states that:

For Miami fans, the smart move is to simply hope for the best, hope that the NCAA recognizes this is a battle it cannot win, and to take its ball and go home. Hope that time served is the compromise. Most importantly, hope that the NCAA does not continue its crusade against the 'Canes despite the public missteps that have tainted the findings.

The NCAA is a strange beast. Often, none of its rulings appear to follow much in the way of a pattern. In the case  of something as unique as the Miami situation, this becomes even more true. There is nothing to learn about Miami from Mississippi State situation. But this Miami case is teaching all of us plenty about how the NCAA operates.

CLICK HERE to view previous blog articles regarding this outrageous NCAA v. UM witch hunt. Just for fun, here is a YouTube clip of how I think the hearing will play out on Thursday (WARNING - "R" rated language in video):

"I put it to you (NCAA President Mark Emmert), isn't this an indictment of our entire American society?"

Really, NCAA, still holding to your witness? Convicted UM booster Shapiro says he lied on witness stand in federal trial - MiamiHerald.com

Convicted UM booster Shapiro says he lied on witness stand in federal trial - Miami-Dade - Miami Herald.com

How damaged can damaged goods get? This is yet more evidence of a person who has no concern for credibility, yet the NCAA wants to believe he was telling the truth - when it comes to the Miami Hurricanes. The NCAA wants to continue to use as the catalyst for the complaint and its star witness a person who is serving significant federal time for lying to and exploiting his investors, clients, family and law partners. He doesn't stop there, associating with him has led to investigation of his own lawyers. The Federal Court is also investigating his bankruptcy lawyer. He has even filed a Florida Bar complaint against his own lawyers for "allowing him to lie."

Maybe the NCAA should poll Shapiro's former clients and investors for comments on his credibility. Shapiro has even damaged the NCAA itself. Remember my prior post, the NCAA cannot exorcise the demons merely throwing Julie Roe Lach, the NCAA’s Vice President of Enforcement and Mart Emmert’s hand-picked choice for the position under the bus and temporarily to the unemployment line for her role in the improper conduct that occurred during the investigation into Nevin Shapiro’s associated with Miami. 

The NCAA is a voluntary sports organization.  It is not an agency of government, though the NCAA certainly does not appear to understand this fact. However, reasonable standards of investigation conduct should apply. Any evidence from Nevin Shapiro or derived as a result of information provided by or through Nevin Shapiro should be excluded.  The "fruit of the poisonous tree" doctrine springs from what is known as the Exclusionary Rule which mandates that evidence improperly (illegally) obtained or from an unreasonable search, or coercive interrogation must be excluded.

It is not just first tier.  Evidence is also excluded from trial under the fruit of the poisonous tree doctrine if it was gained through evidence uncovered illegally, through unreasonable search, or coercive interrogation. It is abundantly clear that the NCAA would never put Shapiro "on the stand" to testify in this case, but let's be clear, everything started and points to this admitted schemer.

The NCAA should have all the responsibility and no greater rights than governments when dealing with member schools. The member should should be looking into whether they have over-empowered the NCAA.  The fruit of the poisonous tree doctrine should properly be employed to deter law NCAA enforcement from violating rights against unreasonable searches and seizures.  To do otherwise only encourages such people with so questionable morals or evil intent to exact vengeance against member schools, coaches, players, students and fans.

More on the fruit of the poisonous tree.  A major case involving the "fruit of the poisonous tree" doctrine is Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963). Read on should you be so motivated. 

What would Ben Franklin say of the NCAA? I bet he would warn the NCAA that "He that lieth down with dogs shall rise up with fleas."

NCAA enforcement: Time to admit your "lack of institutional control.” Miami Herald article: External review: Some NCAA staffers acted inappropriately in Miami Hurricanes inquiry. Statement issued by UM President Donna E. Shalala

External review: Some NCAA staffers acted inappropriately in Miami Hurricanes inquiry - UM - MiamiHerald.com 

It takes a strong person to admit fault and move on. Unfortunately for the UM (as well as for other NCAA members) the NCAA enforcement division is not strong enough and insists on moving forward to win at all costs. This has obviously become personal for some members of the NCAA, even to the point of throwing some of its staffers under the bus (see Report: NCAA VP of Enforcement fired over Miami investigation, reporting that Julie Roe Lach, the NCAA’s Vice President of Enforcement and Mart Emmert’s hand-picked choice for the position, has been fired as a result of her role in the improper conduct that occurred during the investigation into Nevin Shapiro’s associated with Miami) 

I have to raise the question as to whether it is time for frustration to turn to anger and action. The NCAA appears lose more credibility every day. It is time for some internal soul searching into its own obvious lack of institutional control and settle up and then engage some outside entitles to investigate and make substantive changes to the way the NCAA does business, but it is time to stop compounding their errors. 

Susan Miller Degnan reports that the NCAA case involving the University of Miami will continue — just without about 20 percent of the information the governing body of college athletics has deemed tainted because of “improper conduct” during its investigation.

Obviously ignoring the taint and the UM’s good faith self-imposing of sanctions; the NCAA Enforcement President announced the NCAA’s intention is to move forward with this case, when asked when a ruling in the Miami case might come down. “There is still a lot of information that is available that has in no way been tainted by this incident. In terms of timing, I’m not going to guess when that occurs. I know everyone is trying to get it done as quickly as possible.”

UM President Donna Shalala expressed her unhappiness about the entire situation in a lengthy written statement released Monday evening: 

Statement from President Donna E. Shalala 

University of Miami President Donna E. Shalala made this statement concerning the external Enforcement Review Report the NCAA issued earlier today regarding the improper handling of its investigation of the University of Miami.

"The University takes full responsibility for the conduct of its employees and student-athletes. Where the evidence of NCAA violations has been substantiated, we have self-imposed appropriate sanctions, including unilaterally eliminating once-in-a-lifetime opportunities for our students and coaches over the past two years, and disciplining and withholding players from competition.

"We believe strongly in the principles and values of fairness and due process. However, we have been wronged in this investigation, and we believe that this process must come to a swift resolution, which includes no additional punitive measures beyond those already self-imposed. 

CLICK HERE to read the full statement issued on Monday, February 18, 2013.

 

Flag on you NCAA! "Roughing UM" Miami Herald reports: NCAA: Some information obtained improperly in UM investigation - UM - MiamiHerald.com

NCAA: Some information obtained improperly in UM investigation - UM - MiamiHerald.com
Has the worm turned?  Only in Miami and only involving the U, can the theater of the absurd take such a grandiose course.  The Miami Herald reports that the NCAA announced it improperly obtained information via the attorney of former booster Nevin Shapiro for the purposes of its investigation into the University of Miami’s football and basketball programs.

So now I must ask, who is investigating the NCAA for what clearly appears to me to be a total lack of institutional control over its investigation?

Shame on you NCAA! We will wait for your self-imposed penalty. Perhaps it is time for the member schools to reexamine their membership in the NCAA.

The Miami Herald reports that the NCAA dropped a bombshell Wednesday afternoon, Using phrases such as “grossly inappropriate” and “shocking,”  that the NCAA must sift through the information that was improperly obtained and throw it out – a process he says that should take no longer than a week or two.

The Herald article included this statement from UM President Donna Shalala in reaction to the NCAA’s findings:

“Since the University first alerted the NCAA to the possibility of violations more than two years ago, we have been cooperative and compliant with the NCAA and, I believe, a model for how institutions should partner with NCAA staff during investigations. In addition to encouraging current and former staff members and student-athletes to cooperate with investigators, we have provided thousands of documents to the enforcement staff.

“I am frustrated, disappointed and concerned by President Emmert’s announcement today that the integrity of the investigation may have been compromised by the NCAA staff.

Could this be a case where the NCAA finally got too greedy in denying due process and holding current students and fans hostage for the sins of those who have moved on a long time ago?  Enough already. Stop the charade! 

I can’t wait for the day that the NCAA’s actions become the inspiration for a new play, perhaps written by an Edward Albee. Until then, we will simply continue to read up on this painful matter in the Miami Herald.