UM investigation

UM’s motion to dismiss keys on violations by the NCAA


The University of Miami attorneys sent 45 pages worth of ‘improper acts’ by the NCAA during its 2 1/2-year investigation.

The University of Miami’s 45-page “Motion to Immediately Conclude’’ the NCAA case involving former booster Nevin Shapiro was obtained by The Miami Herald on Thursday.

In addition to the dismissal motion is a letter dated March 29, 2013, addressed to NCAA Division I Committee on Infractions member Eleanor W. Myers and signed by UM counsel Mike Glazier.

“The motion is filed in response to numerous procedural issues that have arisen in this case due exclusively to improper conduct by the enforcement staff,’’ the letter says.

Among the “improper acts” detailed in the motion, Glazier wrote, are:

• “Rewarding a convicted felon by vouching for his credibility before his federal sentencing judge, even though, at that point in time, no investigation had been undertaken to substantiate his outrageous claims.”

• “An immediate and unjust rush to judgment on the part of the NCAA as within days of the public disclosure of the investigation in 2011, a senior NCAA executive spoke out on the University of Miami and the ‘death penalty.’ Such comments were reprinted or replayed approximately 500 times in the weeks following their release.

• “Throughout the approximate 2 1/2-year investigation, the enforcement staff’s impermissible conduct, constant turnover, inexperienced investigators and overall mismanagement caused multiple unconscionable delays in a process which could have been concluded in much less time.’’

• “As already acknowledged by the NCAA, the intentional use of impermissible investigative tactics by members of the enforcement staff, with the approval of NCAA executives, including the compensation of an outside attorney to solicit information from witnesses…’’

• “The NCAA-sanctioned Cadwalader Report released in February is not only incomplete, but also incorrect in parts and the NCAA enforcement staff relied on the Report’s faulty conclusions in drafting the Notice of Allegations.’’

• “The NCAA enforcement staff created the concept of ‘self-corroboration’ as an appropriate evidentiary standard, as many of the allegations leveled against [UM] are based on the testimony of one man [a convicted felon] and were never supported by an other witness or documentation.’’

• “Perhaps most distressing and unconscionable, on multiple occasions, members of the enforcement staff intentionally misled the University by withholding key information, failing to inform the University of scheduled interviews and, most egregiously, lying to the University and its outside counsel.’’

The letter also stated that UM “reiterates the objection to a single member of the Committee on Infractions being granted exclusive authority to rule on all motions submitted by the University of Miami [and by other involved parties].

“The University continues to reserve all rights against the NCAA for the wrongs that have been committed against it.’’

Also mentioned was that the NCAA gave false information to interview subjects, such as former UM basketball coach Frank Haith and his assistant Jake Morton, “in an attempt to elicit confessions of NCAA rules violations.”

Miami Herald sportswriter Barry Jackson contributed to this report.

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