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. Auburn releases signee Sam Logwood from National Letter of Intent

    Jul 30, 2014, 9:32 PM EDT

    adidas adidas

    The highly athletic wing is back on the market, but he’s yet to be cleared academically.

  2. Guard Quinndary Weatherspoon becomes Mississippi State’s third 2015 commit

    Jul 30, 2014, 8:17 PM EDT

    Rick Ray AP

    The Bulldogs succeeded in keeping a talented in-state product home.

  3. Marquette guard Todd Mayo leaves program to pursue professional opportunities

    Jul 30, 2014, 7:12 PM EDT

    Todd Mayo AP

    Mayo’s decision means that Marquette has to replace its top four scorers from last season.

  4. 2015 shooting guard Terence Davis verbally commits to Ole Miss

    Jul 30, 2014, 6:51 PM EDT

    Andy Kennedy AP

    Just over a month after landing a junior college guard, the Rebels have their second commit in the Class of 2015.

  5. UCLA AD Dan Guerrero expects Pauley Pavilion to be ready for regular season

    Jul 30, 2014, 5:00 PM EDT

    UCLA Introduces Steve Alford Getty Images

    UCLA is holding out hope that John Wooden Court can be salvaged, but if not they’ll have time to replace it.

  6. Mixtape for VCU-bound Terry Larrier (VIDEO)

    Jul 30, 2014, 3:12 PM EDT

    AP AP

    Larrier is the best recruit that Shaka Smart has landed at VCU.

  7. Junior college prospect Andre Spight working to improve point guard skills

    Jul 30, 2014, 12:51 PM EDT

    South Plains College South Plains College

    After averaging 16.0 points per game as a freshman, the South Plains College guard is looking to become a better lead guard as a sophomore.

  8. Report: Dayton lands a three-star recruit from DC

    Jul 30, 2014, 11:39 AM EDT

    Nike Nike

    It’s Dayton’s third commitment from the Class of 2015

  9. Report: Top Oregon recruit denied admission to school

    Jul 30, 2014, 11:02 AM EDT

    Dana Altman AP

    Oregon is now left with just nine scholarship players, only two of whom saw significant minutes last season.

  10. Report: Air Force transfer Tre Coggins finds a landing spot

    Jul 30, 2014, 10:00 AM EDT

    AP Photo AP Photo

    Coggins will be heading back closer to his Southern California home

  11. Duncan Robinson, of D-III Williams College, considering transfer to Michigan, Davidson

    Jul 30, 2014, 9:25 AM EDT

    AP AP

    Rising sophomore forward Duncan Robinson played his freshman year at Williams College in Williamstown, Massachusetts, but could be on the move for next season.

  12. A flooded Pauley Pavilion reopened in 2012 after $136 million in renovations

    Jul 29, 2014, 10:14 PM EDT

    Pauley Pavilion

    UCLA reopened Pauley Pavilion in 2012 after $136 million worth of renovations.

  13. Coach K: ‘I do not see an end of my road in my college coaching’

    Jul 29, 2014, 8:30 PM EDT

    Mike Krzyzewski AP

    Mike Krzyzewski is entering his 40th season as a head coach.

  14. Doug Wojcik’s attorney releases video of player assault allegations

    Jul 29, 2014, 6:45 PM EDT

    AP AP

    Doug Wojcik has been investigated twice by the College of Charleston.

  15. John Calipari’s return to Kentucky ‘solely’ due to loyalty to his players

    Jul 29, 2014, 6:15 PM EDT

    Getty Images Getty Images

    Cal told The Sporting News that he couldn’t leave behind the guys that decided to return to school. Do you buy it?

  16. Willie Cauley-Stein sheds light on injury he suffered in NCAA tournament

    Jul 29, 2014, 5:22 PM EDT

    AP AP

    A former UK coach gave his listeners some new details about Willie Cauley-Stein’s injury.

  17. Another mixtape for Malik Monk, the most exciting player in HS (VIDEO)

    Jul 29, 2014, 4:27 PM EDT

    NikeEYB NikeEYB

    Malik Monk is a dream come true for the mixtape makers.

  18. Report: SMU sold nearly $350,000 worth of booze at basketball games

    Jul 29, 2014, 3:46 PM EDT

    AP Photo AP Photo

    And now they’re considering selling it at football games.