Skip to content

Is the NCAA using a loophole in their investigation into their Miami investigation?

Feb 6, 2013, 11:31 AM EDT

Mark Emmert AP

An interesting story was published by USA Today on Tuesday.

According to a source, the NCAA’s office of general counsel and its vice president of enforcement, Julie Roe Lach, approved the expenditure of up to $25,000 for services from the attorney of former Miami booster Nevan Shapiro.

If true, this is the opposite of what NCAA president Mark Emmert said in a telelconference when he formally announced that the NCAA would be investigating improper conduct by the NCAA’s enforcement staff during an investigation into Shapiro’s relationship with the university’s athletic programs. The NCAA does not have subpoena power, but the allegations in this case are that the NCAA had Shapiro’s attorney on their payroll in order to gain access to — and provide questions to be asked during — depositions given under oath.

The NCAA cannot do that.

And Emmert strongly denied that the office of the general counsel had knowledge of the arrangement with Shapiro’s lawyer, going as far as to say that “the General Counsel’s Office specifically told the enforcement staff – on at least two occasions prior to any arrangements being made with the attorney – that they could not use Shapiro’s attorney” in order to obtain depositions.

Someone’s not telling the truth here.

But that’s not the most interesting part of the report. You have to dig a bit for that:

The enforcement staff did not, the person familiar with the NCAA’s agreement with Perez said, pay for Shapiro’s attorney’s hourly work, because billable work was explicitly not approved. What was paid, the person said, were fees for transcription, copying, document handling and the use of a court reporter. The person said approval for such payments went through the NCAA’s general counsel and vice president of enforcement.

Though the alleged enforcement practices in the case have led to widespread criticism of the NCAA, enforcement guidelines in the NCAA Manual do not explicitly prohibit such arrangements with attorneys.

Does anyone else think this smells an awful lot like the NCAA finding a loophole to dig themselves out of this mess?

And would there be anything more ironic than the NCAA using a loophole in the rulebook to weasel their way out of punishment while under investigation for improper conduct?

You can find Rob on twitter @RobDauster.

Latest Posts
  1. Tacko Fall, Class of 2015 7-foot-6 center, sets three visits

    Sep 16, 2014, 11:15 PM EDT

    (Nike) (Nike)

    The tallest player in high school basketball has some visits set.

  2. Two Missouri freshmen suspended after arrest

    Sep 16, 2014, 10:15 PM EDT

    Kim Anderson AP

    Missouri will move on with team-related activities without two freshmen following an arrest.

  3. Arizona State cuts ties with junior college recruit following arrest

    Sep 16, 2014, 9:15 PM EDT

    jordan washington

    Arizona State has cut ties with a junior college forward and 2015 recruit was who arrested over the weekend.

  4. Bo Ryan hits golf balls into Wisconsin’s Camp Randall Stadium (PHOTO)

    Sep 16, 2014, 8:15 PM EDT

    Bo Ryan AP

    Bo Ryan shows he’s a big man on campus at Wisconsin following his Final Four appearance.

  5. Jalen Rose believes Chris Webber should apologize for what happened at Michigan

    Sep 16, 2014, 7:15 PM EDT

    AP AP

    Jalen Rose says that former teammates Chris Webber needs to apologize.

  6. Texas lands impact four-star guard in 2015 recruiting class

    Sep 16, 2014, 6:06 PM EDT

    (Kelly Kline/Under Armour) (Kelly Kline/Under Armour)

    The Longhorns pull in a commitment from a good guard in 2015.

  7. Vanderbilt fills out 2015 class with top 150 forward

    Sep 16, 2014, 5:46 PM EDT

    Kelly Kline/Under Armour Kelly Kline/Under Armour

    Kevin Stallings has earned four commitments in 2015.

  8. Thoughts on Antonio Blakeney, shoe companies and decommitments

    Sep 16, 2014, 4:44 PM EDT

    Antonio Blakeney (Nike) Antonio Blakeney (Nike)

    The five-star recruit decommitted from Louisville, and what it has to do with shoe companies.

  9. Pac-12’s conference schedule features Arizona-UCLA just once

    Sep 16, 2014, 2:55 PM EDT

    Arizona v UCLA Getty Images

    There are also a limited number of ugly road weeks.

  10. Report: Doug Wojcik’s settlement with Charleston worth six figures

    Sep 16, 2014, 11:52 AM EDT

    AP AP

    Wojcik was fired with cause for allegedly abusing his players.

  11. Top prospect in Class of 2014 signs endorsement deal with Under Armour

    Sep 16, 2014, 10:54 AM EDT

    BxqWQrkCcAAi0S1

    Mudiays $1.2 million deal with a team in China will now be significantly supplemented.

  12. Boston College point-shaving scandal portrayed in upcoming 30 for 30

    Sep 16, 2014, 9:50 AM EDT

    0216_large

    Have you ever seen ‘Goodfellas’? You’ll recognize one of the main players in this story.

  13. Mixtape of elite 2015 big man Ivan Rabb (VIDEO)

    Sep 16, 2014, 9:00 AM EDT

    cd0ymzcznguwzdbhnduynddiytjhm2yyzthlmtjjotqwyyznpti1yzy1ymy3ytizody1zwrhyzfhmme2odcxyjawntbi AP

    Ivan Rabb is one of the best centers in the country.

  14. Five-star shooting guard Antonio Blakeney decommits from Louisville

    Sep 15, 2014, 10:33 PM EDT

    Joshua C. Cruey/Orlando Sentinel Joshua C. Cruey/Orlando Sentinel

    Five-star shooting guard Antonio Blakeney has opened it back up.

  15. Cincinnati adds commitment in 2015 class from forward

    Sep 15, 2014, 10:22 PM EDT

    Mick Cronin AP

    The Bearcats added a 2015 recruit on Monday night.

  16. Kansas begins Bill Self’s two-week Boot Camp

    Sep 15, 2014, 9:45 PM EDT

    Bill Self AP

    Kansas begins a two-week Boot Camp today.

  17. Richard Pitino warns Minnesota fans not to trust his dad before Louisville opener

    Sep 15, 2014, 7:30 PM EDT

    Billy Minardi Classic - Florida International v Louisville Getty Images

    Things are getting interesting between the Pitinos as we get closer to the Minnesota and Louisville game.

  18. Florida International’s court destroyed by exercise competition

    Sep 15, 2014, 6:30 PM EDT

    Norfolk State v Illinois Getty Images

    Florida International had some bad luck over the weekend.

  19. Charlotte head coach Alan Major returns from medical leave of absense

    Sep 15, 2014, 5:30 PM EDT

    Atlantic 10 Basketball Tournament - First Round - Charlotte v Richmond Getty Images

    Charlotte head coach Alan Major has returned to the team.