Skip to content

The NCAA ‘did not violate a specific bylaw’ in their investigation into Miami?

Feb 18, 2013, 4:14 PM EDT

Mark Emmert AP

You’re going to read a lot of words about the NCAA’s report on an external investigation into how they handled their own investigation into Miami and the accusations made by former booster and Ponzi-schemer Nevin Shapiro, but there is really only one line that you need to pay attention to:

The external review found that the NCAA enforcement staff “did not violate a specific bylaw or law.”

To recap:

- The NCAA hired Shaprio’s attorney, Maria Elena Perez, and paid her more than $18,000 (for more than $57,000 worth of work) specifically for the ability to sit in on and provide questions for depositions given under oath. The NCAA doesn’t have subpoena power.

- This happened, according to NCAA president Mark Emmert, despite the NCAA’s General Counsel directly telling the enforcement staff — specifically, investigator Ameen Najjar and his direct superiors, Julie Roe Lach and Tom Hosty — multiple times NOT to do to so.

- Najjar and Roe Lach have lost their jobs with the NCAA as a result.

-┬áRichard Johanningmeier, the investigator that was involved with the Todd McNair and USC investigation, spent $8,200 — $4,500 of which went directly into Shapiro’s commissary account in prison — to interview him in prison. He even bought a burner, a disposable cell phone, to get in touch with Shapiro.

- More than 20% of the information gathered during this process has been determined to be tainted and will not be used as the NCAA furthers their case against Miami.

- John Duncan, a Kansas City attorney that has been named the interim Vice President of Enforcement, is currently representing the NCAA in a case against a former coach at the University of Buffalo.

And there wasn’t a single violation of a specific bylaw or law throughout the entire investigation into Miami?!?

How is that possible?

What makes matters worse is that all of this is happening while the NCAA is already dealing with enough turmoil to make Mark Emmert regret ever taking over the role as president of the NCAA. One investigator was fired after her boyfriend spent a plane ride detailing how Shabazz Muhammad was never going to be allowed to play college basketball. A judge used the terms “ill will or hatred” and “reckless disregard for the truth” in regards to the NCAA’s investigation into McNair.

Isn’t this the definition of a lack of institutional control?

The investigative arm of the institution is ignoring the directives provided by the legal arm, instead hiring lawyers to use their subpoena power and paying witnesses for access to their information all while developing quite the reputation for malicious and vindictive investigations.

Failure to monitor, indeed.

That’s precisely why you are going to hear people call for Mark Emmert’s job and for a complete overhaul of the NCAA, and not just the enforcement arm. Is Emmert really this clueless as to what is going on in his organization? Jim Isch, who is more-or-less the second most important person in the NCAA, actually approved the payment that Roe Lach made to Shaprio’s attorney. ESPN.com reported earlier that General Counsel Donald Remy was aware of and approved the payment, as well.

And yet, none of this was actually a violation on any NCAA bylaw.

That’s a problem that may be bigger than the fact that Emmert apparently has no control over anyone that works for him.

I think it may be time to simply scrap it all and start over from scratch.

You can find Rob on twitter @RobDauster.

Latest Posts
  1. Former Georgia Tech head coach recuses self from Syracuse’s NCAA hearing

    Oct 29, 2014, 11:30 PM EDT

    bobby-cremins AP

    Bobby Cremins says that his relationships with other coaches has led to his having to recuse himself from other cases in the past.

  2. Transfer guard dismissed from Minnesota program

    Oct 29, 2014, 9:48 PM EDT

    Zach Lofton, Zach Lofton,

    Zach Lofton was expected to develop into a more efficient player during his year sitting out per NCAA transfer rules.

  3. Long Beach State, head coach Dan Monson agree to contract extension

    Oct 29, 2014, 8:30 PM EDT

    Dan Monson AP

    Monson is four wins away from becoming Long Beach State’s winningest coach.

  4. Buffalo-area programs to wear special jerseys for Big 4 Basketball Classic

    Oct 29, 2014, 6:51 PM EDT

    Big 4 Basketball Classic Big 4 Basketball Classic

    Buffalo, Canisius, Niagara and St. Bonaventure will wear Buffalo Braves-inspired uniforms for their doubleheader November 29.

  5. ACC releases its preseason media poll, all-conference team

    Oct 29, 2014, 5:10 PM EDT

    AP AP

    North Carolina’s Marcus Paige was the media pick to win ACC Player of the Year.

  6. St. John’s loses key power forward to academic scandal at Junior College

    Oct 29, 2014, 2:26 PM EDT

    lavin AP

    Keith Thomas was expected to start for the Johnnies.

  7. 2014-15 Season Preview: Toledo looks to end a 35-year NCAA Tournament drought and rep the MAC

    Oct 29, 2014, 12:00 PM EDT

    Julius Brown (AP Photo) Julius Brown (AP Photo)

    The MAC is sure to be one of the more intriguing mid-major leagues during the 2014-15 season.

  8. Top 25 Countdown: No. 8 Texas Longhorns

    Oct 29, 2014, 11:57 AM EDT

    Isaiah Taylor (Getty Images) Getty Images

    How can Texas build off of last seasons surprising success?

  9. The American releases their preseason poll

    Oct 29, 2014, 9:50 AM EDT

    Kevin Ollie AP

    Who would you pick in first, UConn or SMU?

  10. 2014-2015 Season Preview: Stanley Johnson, Sam Dekker lead wing forward rankings

    Oct 29, 2014, 9:00 AM EDT

    Stanley Johnson (Arizona Athletics) Stanley Johnson (Arizona Athletics)

    CBT’s rankings of the best wings in college basketball heading into the 2014-15 season.

  11. Jeff Newberry throws down 360 dunk at Oklahoma State’s Hoops and Homecoming (VIDEO)

    Oct 28, 2014, 11:45 PM EDT

    Jeff Newberry

    The JuCo transfer guard is expected to have an impact in his first season in Stillwater.

  12. Jim Boeheim on Syracuse center DaJuan Coleman: ‘If we get him, it will be a bonus’

    Oct 28, 2014, 10:30 PM EDT

    Jim Boeheim DaJuan Coleman AP

    The Syracuse big man was limited to only 12 games during the 2014-2015 season.

  13. Top 10 2016 recruit cuts his list to 10

    Oct 28, 2014, 9:00 PM EDT

    Derryck Thornton Derryck Thornton

    Arguably the top point guard in the junior class, and a consensus top 10 recruit in the Class of 2016 has narrowed his list of offers to just 10.

  14. Hawaii head coach, assistant coach fired

    Oct 28, 2014, 7:40 PM EDT

    Gib Arnold AP

    Gib Arnold was entering his fifth season at Hawaii

  15. Green Bay’s Keifer Sykes maintains the chip on his shoulder

    Oct 28, 2014, 7:00 PM EDT

    AP AP

    One of the nation’s top lead guards — on one of the best mid-major teams — is as hungry as he is entertaining.

  16. UConn guard injures right knee, out a week or so

    Oct 28, 2014, 6:05 PM EDT

    AP AP

    The 6-foot-5 junior guard is looking to bounce back after a sophomore slump.

  17. Storm water floods Illinois’ new court inside the State Farm Center

    Oct 28, 2014, 5:05 PM EDT

    Twitter/IlliniHoops Twitter/IlliniHoops

    The University of Illinois opens the 2014-2015 season against Georgia Southern on Nov. 14.