UM

UM investigation

Stalemate between NCAA, UM to last a while longer

 

The NCAA committee on infractions is expected to hear the case against UM in June, and any potential punishment would arrive months later.

 

University of Miami President Donna Shalala smiles during the second half of the game between the Virginia Cavaliers against the Miami Hurricanes at The BankUnited Center in Miami on Tuesday, February 19, 2013.
University of Miami President Donna Shalala smiles during the second half of the game between the Virginia Cavaliers against the Miami Hurricanes at The BankUnited Center in Miami on Tuesday, February 19, 2013.
David Santiago / El Nuevo Herald
WEB VOTE Who looks the worst amid the NCAA's investigation of the Miami Hurricanes program?

bjackson@MiamiHerald.com

When UM appears before the infraction committee, the former coaches accused of wrongdoing also would appear that day — “so the institution can confront what anybody says,” Potuto said.

But she adds the former coaches would be permitted to stay in the room only during discussions of allegations involving them.

Potuto said schools bring “a lot of people” to the hearing, including the new coach in the affected sports.

Hearings are not open to the public. Most take a full day but “once in a while” can go into a second day, Potuto said.

Shalala and the official representing the NCAA’s enforcement staff will make opening statements. An enforcement staff member then introduces each allegation “and makes a presentation of what occurred and what evidence they have,” Potuto said.

After each allegation, a university attorney — Potuto expects outside counsel Mike Glazier would serve that role for UM — then can respond.

“Anybody with information with regard to an allegation can speak,” she said. “The chair of the infractions committee [currently Conference USA commissioner Britton Banowsky] will operate as the traffic controller. Lawyers will speak, but the committee likes to hear from people directly involved. The committee of infractions might have questions as the enforcement staff is presenting stuff.”

Potuto said hearings can sometimes “be contentious. People will be free to express displeasure, but they do it in a civil way. No screaming, and interrupting is extraordinarily rare.”

The infractions committee also will allow UM to discuss “why it self-imposed penalties and why it believes additional penalties would be inappropriate,” Potuto said.

When the hearing ends, the infractions committee gives the school no indication what penalties it might be facing, Potuto said. After breaking for an hour or two, the infraction members handling the case “talk it out among themselves until there’s a consensus” on punishment.

How long that takes depends partly “on how much disagreement there is,” Potuto said. But typically, “you get a decision on everything that weekend.”

So why must schools then wait two to four months before the NCAA announces penalties?

Potuto said infraction committee members want to see what they discussed “in writing and then rethink it. It’s the writing that takes the time. It might take two or three drafts.”

So if UM goes before infractions in July, it likely would get its penalty sometime between September and November. If it appeals, the process could stretch another six months beyond that.

Regardless of what happens, “it seems president Shalala will be unhappy because of what happened in the process,” Potuto said. “I don’t think there’s any real good answer that’s going to satisfy all the parties.”

Read more UM stories from the Miami Herald

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