Setchen said now is the perfect time for UM lawyers to be proactive in attempting to settle, and bring an end to the allegations that span from 2002 to 2010 and involve UM athletes, coaches and staff members.
“I think the university’s legal team should reach out to the NCAA right now — their leverage will never be greater than it is — and attempt to strike a deal in an effort to bring the matter to a conclusion not only for the university’s sake, but with these newest developments, for the sake of the NCAA,” Setchen said. “They could reach some type of summary disposition or stipulated agreement which would effectively remove the urgency of the situation.
“Then, the UM investigation would be over, which would alleviate the urgency, and would provide the NCAA with adequate time to carefully review its processes and procedures.’’
UM president Donna Shalala released this statement 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.
“As we have done since the beginning, we will continue to work with the NCAA and now with their outside investigator hoping for a swift resolution of the investigation and our case.
“I want to thank our community for their continued support and patience. Stand with the U.”
Emmert was asked if to his knowledge this situation was unprecedented.
“I’ve only been here 2 ½ years,’’ he said. “But in my 2 ½ years, I’ve certainly never seen anything like this – and don’t want to see it again.’’