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. Transcript controversy leads to two Florida A&M players losing their scholarships

    Oct 25, 2014, 5:29 PM EDT

    Georgia Athletics Georgia Athletics

    Byron Samuels already had a tough rebuilding job in front of him as a result of Florida A&M being hit with a postseason ban for low APR numbers.

  2. Not even Wofford’s coach saw them becoming the Southern Conference’s best program

    Oct 25, 2014, 4:00 PM EDT

    Wofford guard Karl Cochran (Getty Images) Getty Images

    Mike Young has seen the Wofford men’s basketball program come a long way since he first joined the coaching staff back in 1989.

  3. Rice lands two commitments in back-to-back days

    Oct 25, 2014, 3:30 PM EDT

    Under Armour Under Armour

    A three-star commit on Friday night, a top-70 pledge on Saturday morning. This has been a big weekend for first-year head coach Mike Rhoades.

  4. Syracuse center has put on 45 pounds, described by NBA scout as ‘chiseled’

    Oct 25, 2014, 2:00 PM EDT

    Cuse.com Cuse.com

    A story from Syracuse.com says the first-year big man does up to 500 pushups daily.

  5. Wake Forest gets 2016 commitment from assistant coach’s son

    Oct 25, 2014, 12:50 PM EDT

    AP AP

    This is Danny Manning’s third commitment this month, first in the Class of 2016.

  6. 2014-15 Southern Conference Preview: Wofford, Chattanooga favored in Davidson’s absence

    Oct 25, 2014, 12:00 PM EDT

    Wofford guard Karl Cochran (Getty Images) Getty Images

    Davidson is gone, but that does not mean that the SoCon will be a bad basketball league.

  7. Top 10 recruit cuts his list to three schools

    Oct 25, 2014, 11:45 AM EDT

    Nike EYBL Nike EYBL

    Only three programs remain in contention for the nation’s top rated point guard.

  8. Makinde London juggles three basketballs, dunks two during Xavier dunk contest (VIDEO)

    Oct 25, 2014, 11:00 AM EDT

    Makinde London

    Pretty good dunk, but still not better than Chris Mack’s entrance.

  9. Roy Williams says he was ‘dumbfounded’ following Kenneth Wainstein’s report (VIDEO)

    Oct 25, 2014, 10:15 AM EDT

    Roy Williams Getty Images

    The Hall of Fame coach makes his first comments, several days after Kenneth Wainstein released his report.

  10. Tom Izzo performs with KISS cover band on stage at Michigan State’s Midnight Madness (VIDEO)

    Oct 24, 2014, 10:55 PM EDT

    tom izzo

    Tom Izzo does it again. Add it to the long line of amazing midnight madness entrances.

  11. Chris Mack and his daughters performed ‘Paul Revere’ by the Beastie Boys (PHOTO/VIDEO)

    Oct 24, 2014, 10:24 PM EDT

    Instagram/XU Athletics Instagram/XU Athletics

    Chris Mack and his daughters performed ‘Paul Revere’ at Musketeer Madness on Friday night.

  12. Wisconsin’s Sam Dekker injured at practice on Friday

    Oct 24, 2014, 8:05 PM EDT

    AP AP

    The Wisconsin forward is likely to miss a week or two

  13. Providence freshman forward, a top 100 recruit, is cleared to play this season

    Oct 24, 2014, 7:30 PM EDT

    Ed Cooley Ed Cooley

    Ed Cooley adds a 6-foot-8 forward to the Friars’ front court.

  14. Larry Brown talks about Ben Emelogu’s wavier to play this season (VIDEO)

    Oct 24, 2014, 6:45 PM EDT

    AP Photo AP

    The former Virginia Tech Hokie will be a big boost to SMU’s perimeter.

  15. Manhattan’s returnees look to build on the achievements of last season’s senior class

    Oct 24, 2014, 6:00 PM EDT

    Emmy Andujar and Shane Richards will be key players for Manhattan. (AP Photo) AP

    Manhattan and head coach Steve Masiello had some issues to address this spring, but thanks in part to their departed senior class the Jaspers are well-positioned to once again contend in the MAAC.

  16. Five-star 2015 power forward down to five schools

    Oct 24, 2014, 5:05 PM EDT

    cd0ymzcznguwzdbhnduynddiytjhm2yyzthlmtjjotqwyyznpti1yzy1ymy3ytizody1zwrhyzfhmme2odcxyjawntbi AP

    One of the nation’s highly-touted bigs is closer to making a decision after eliminating two programs from his list.

  17. LSU’s Johnny Jones receives raise, contract extension

    Oct 24, 2014, 4:22 PM EDT

    Johnny Jones AP

    Jones became the second coach to lead LSU to postseason appearances in his first two years this past spring.

  18. 2014-15 Season Preview: Rivals Iona, Manhattan have company in race to the top of the MAAC

    Oct 24, 2014, 3:00 PM EDT

    Manhattan's Steve Masiello (AP Photo) Manhattan's Steve Masiello (AP Photo)

    Rivals Iona and Manhattan are once again among the contenders, but they’ll have plenty of company in the race for the MAAC crown.

  19. UMass rewards Derek Kellogg with contract extension through 2018-19 season

    Oct 24, 2014, 1:52 PM EDT

    AP AP

    Kellogg’s led his alma mater to 21 wins or more in each of the last three seasons.

  20. Former Big East foes announce home-and-home series

    Oct 24, 2014, 12:39 PM EDT

    John Thompson III AP

    Georgetown holds a 35-29 lead in their all-time series with UConn.