Miami president Donna Shalala says the school has lived up to its role in the booster probe, but that the
NCAA has not.
CORAL GABLES, FLA. - The University of Miami has been "wronged" by the
NCAA in its two-year investigation of the school's football and basketball programs and "no additional punitive measures" should be levied, university president Donna Shalala said in a written statement released Monday night.
The
NCAA admitted Monday that an external review found improper conduct by its enforcement staffers that will cause a substantial portion of its findings against Miami to be discarded.
But
NCAA President Mark Emmert said the case involving impermissible benefits provided by rogue booster Nevin Shapiro to Miami athletes, coaches and recruits will continue "with information properly obtained by the enforcement staff" and added that there will be no settlement with the school. Emmert said he expected the case to end up before the
NCAA's infractions committee.
Miami and the
NCAA have worked closely during the investigation, but Shalala reacted an grily in a statement, saying the school's football team has suffered enough.
"The University takes full responsibility for the conduct of its employees and student-athletes," the statement reads. "Where the evidence of
NCAA violations has been substantiated, we have self-imposed appropriate sanctions, including unilaterally eliminating once-in-a-lifetime opportunities for our students and coaches over the past two years, and disciplining and withholding players from competition.
"We believe strongly in the principles and values of fairness and due process. However, we have been wronged in this investigation, and we believe that this process must come to a swift resolution, which includes no additional punitive measures beyond those already self-imposed."
Miami has self-imposed bowl bans in each of the past two football seasons and has reduced scholarships by an undisclosed amount. The Hurricanes also self-imposed a ban on playing in the ACC championship game last season. It would have been their first appearance in the game.
Shalala's statement goes on to say the university has lived by its "promises" to cooperate in the on-going probe "but sadly the
NCAA has not lived up to their own core principles. The lengthy and already flawed investigation has demonstrated a disappointing pattern of unprofessional and unethical behavior."
The comments seem to indicate that Miami might be considering legal action against the
NCAA.
On Monday, the
NCAA released an external review report that looked into "a severe issue of improper conduct" by investigators involved in the Miami case. The review found that enforcement staffers "acted contrary to internal protocols, legal counsel and the membership's understanding about the limits of its investigative powers" in hiring Shapiro's criminal defense attorney, Maria Elena Perez, to conduct depositions and improperly gain information.
According to the review, enforcement staffers were advised not to work with Perez, but did so any way. Julie Roe Lach, vice president for
NCAA enforcement, was fired for her involvement in the case, according to Yahoo! Sports.
Kenneth L. Wainstein, hired by the
NCAA to conduct the external review, said that 13 interviews and portions of 12 others were thrown out because they involved misconduct by investigators.
