It will be interesting to see if the NCAA's final report contains the phrase "cooperated with the NCAA". Miami has filed a motion for the NCAA to dismiss the case.
It seems likely that the case will proceed with the NCAA unable to use parts of the evidence they've gathered. But for Miami to get away with the level of violations that apparently occurred due to technicalities would be a travesty.
CBS.Dodd
It seems likely that the case will proceed with the NCAA unable to use parts of the evidence they've gathered. But for Miami to get away with the level of violations that apparently occurred due to technicalities would be a travesty.
CBS.Dodd
The University of Miami will file Friday an unprecedented motion with the NCAA to dismiss the controversial two-year old case involving booster Nevin Shapiro, CBSSports.com has confirmed.
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The Herald also reported this week this that NCAA investigators ?lied to interview subjects.? The paper was the first media outlet to report Miami intended to file the motion.
A source close to the case told CBSSports.com that the filing will include new information regarding the NCAA's conduct during the case. It is not clear if and when the document will be released publicly. Miami is a private institution and not bound by federal guidelines regarding public release.
In a major case involving a high-profile university, the filing is considered unprecedented. Schools charged with major violations typically file their responses to allegations and appear before the NCAA infractions committee. Penalties, if any, are then handed out weeks or months later. However, "what the NCAA did was unprecedented," said a source with knowledge of the motion.
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Miami was charged with lack of insitutional control by the NCAA on Feb. 20, 28 days after the association announced an external review of the case and two days after the NCAA's enforcement director was fired after the release of that review. The NCAA is aiming for a mid-June infractions committee hearing with Miami. The case came to light two years ago when Shapiro told Yahoo! Sports that he provided lavish extra benefits to Miami players and recruits.
On Feb. 20, Miami president Donna Shalala questioned the NCAA's investigation in a harshly worded statement that concluded: "We have suffered enough." She said the school should not penalized beyond self-imposed sanctions that have included a two-year bowl ban.
There really is no "mechanism" for a motion to dismiss a case such as this according to Dave Ridpath, an Ohio University associate professor who has been through two NCAA cases himself and his considered an expert witness having testified about NCAA matters on Capitol Hill.
However, Ridpath said that during the pre-conference hearing -- typically two weeks before the formal infractions committee hearing -- evidence could theoretically be thrown out.
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