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Monday update: Dolphins bring in rising draft prospect; NCAA goes on attack against UM

Our UM/NCAA story from Sunday night is below, but here are a couple quick Monday Dolphins updates:

### According to sources, the Dolphins summoned Houston cornerback D.J. Hayden to team headquarters over the weekend, eager to find out more about a draft prospect who fits their scheme and is generating positive buzz.

Hayden has a compelling story: He was leading Conference USA in interceptions last season when he suffered a life-threatening injury after a collision during a November practice and was rushed into emergency surgery for a tear of the interior vena cava. Hayden has recovered but was medically excluded from the Combine with a sternum injury.

By using one of their 30 allowed non-local visits on Hayden, the Dolphins can put him through medical tests but cannot work him out.

Hayden had four picks at the time of the injury - including 75- and 97-yarders returned for touchdowns. Pro Football Weekly's draft guide calls him an "athletic, competitive, instinctive zone corner with playmaking ability and a professional makeup. Could be a tremendous value selection."

Some evaluators have Hayden rising to late in the first round -- Kiper has him going 28th --- while others project him for the second.

"If not for a freak injury that nearly cost Hayden his career, we would be talking about him as a challenger for best cornerback on the board," Mel Kiper said. "His ceiling is that high. Now fully recovered, he's ready to impact a defense in 2013."

We hear the Dolphins have brought in at least three other corners among their 30 visits: Alabama's Dee Milliner, Southeast Louisiana's Robert Alford and Boise State's Jamar Taylor. 

I'll be posting occasional draft tidbits on my freshly-launched twitter account: @flasportsbuzz. So please follow me there.

### Free agent tackle Bryant McKinnie told us at a charity basketball event Sunday that he would welcome interest from the Dolphins but that they haven't contacted him. "I wouldn't mind playing here. I went to college here," he said. He said the Ravens have shown some interest in re-signing him. He also is talking to the Chargers and Saints.

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Here's that UM story, in case you haven't seen it yet here or on the sports home page: 

 

In a response to the attempts of the University of Miami and four former coaches to have the NCAA case against them tossed, a top NCAA official has accused UM "of grasping at straws," making “meritless claims,” and “unsupported attacks on the enforcement" staff.

“The enforcement staff believes the majority of the parties’ assertions in their motion to dismiss are largely based on assumptions, false accusations, misleading statements and meritless claims,” NCAA interim vice president of enforcement Jonathan Duncan said in the 32-page report, which I obtained through an NCAA source.

Duncan said UM "is grasping at straws in an attempt to disqualify members of the enforcement team with the most knowledge about the case."

The report was sent to the NCAA’s infractions committee. Eight members of the committee will hear the case against UM and several former coaches in mid-June.

It also was sent to UM and representatives for Frank Haith, Aubrey Hill, Jake Morton and Jorge Fernandez – the four former Hurricanes coaches who have joined UM in submitting a motion to dismiss the case.

A member of the infractions committee previously told UM and the coaches that the infractions committee does not believe it has the authority to dismiss the case, but has not told the parties that it has been entirely ruled out.

On the possibility of a dismissal – which UM considers unlikely - Duncan’s letter said: “The enforcement staff would first defer to the committee on infractions on whether it has the authority to act or dismiss a case prior to a hearing.

"If the committee on infractions determines that it has such authority, the enforcement staff believes the only legitimate argument raised for such action relates to the potential violation of confidentiality involving the public release of the Cadwalader report [which was an NCAA-commissioned investigation into its handling of part of the Nevin Shapiro case].

“Nevertheless, even if the committee on infractions believes a violation occurred in that regard, the enforcement staff is uncertain of any demonstration of harm that would merit dismissal of the case.”

The NCAA made three notable admissions/concessions in the report:

### It agreed to toss at least some of the testimony given by Kyle Wright, as previously reported by AP. UM claimed that the NCAA asked questions of Wright resulting from information gathered from a deposition from former UM assistant equipment manager Sean Allen.

The NCAA denied that but said it was tossing an undisclosed amount of the information "in an abundance of caution." 

Allen's deposition was tossed because it was obtained using a bankruptcy court procedure, giving the NCAA testimony it otherwise would not have obtained.

### The NCAA acknowledged violations of its bylaws involving confidentiality “may have occurred” because the outside law firm that investigated its handling of the case reported specific allegations. Former assistant basketball coaches Morton and Fernandez made that assertion in their motions to dismiss.

But Duncan claimed “Fernandez and Morton have not identified a specific harm other than alluding to the harm to their reputations and personal livelihoods as a result of the investigation.”

### It concedes that investigators Bryanna Barnhart and Abigail Granstein told Haith and Morton comments that weren’t accurate during their interviews. But the NCAA disputed UM’s and the former coaches’ claim that Barnhart and Granstein did it to try to elicit confessions from them.

“While the enforcement staff acknowledges that the two enforcement members did misspeak in the questioning of Haith and Morton, the enforcement staff disagrees with the assert that it was done with unethical intent or that it impacted the underlying allegation,” Duncan wrote, adding there is "no evidence Barnhart or Granstein intentionally misled Haith in an attempt to elicit confessions.”

Among other revelations in the report:

### UM attorney Judd Goldberg told the NCAA that UM previously hired Wayne Black to investigate Shapiro and Black submitted an oral report. Details of what Black uncovered were not in the letter.

### Haith said the fact former investigator Ameen Najeer wrote a letter on behalf of Shapiro to his judge, days before his sentencing, suggested a rush to judgment by the NCAA enforcement staff because nobody else had been interviewed except Shapiro when the letter was written.

Duncan said the enforcement staff “does not agree” with that. UM also raised concerns about the letter.

“Thought Najjar wrote a letter than could be seen as vouching for Shapiro’s credibility, it is clear the enforcement staff took additional steps in the months ensuing to determine whether the information Shapiro and others reported was accurate,” Duncan said.

### The NCAA disputed UM’s claim that it was “highly suspect” that it waited to suspend guard Durand Scott hours before a 2012 ACC Tournament game. The violation reportedly resulted from Fernandez allegedly paying for a flight for Scott's AAU coach, resulting in a six-game suspension.

Duncan said “the enforcement staff  is offended by the accusation that it purposely timed the decision to have a negative impact on a specific student athlete and entire team.” He said UM was incorrect in asserting the NCAA was "incompetent, unprofessional and uncooperative" in its handling of the matter.

### Regarding UM’s assertion that the NCAA never attempted to interview former UM athletic director Paul Dee during the investigation, Duncan said: “The enforcement staff planned to… Because Dee’s death was unexpected, the enforcement staff could not have predicted that he would not be available for an interview in June 2012.” Dee died in May 2012.

### On UM’s claim the investigation took too long, Duncan said: “If the committee on infractions agrees that the investigation lagged, the enforcement staff accepts responsibility. However, it should be noted there are no legislated timelines for an NCAA inquiry.”

### The NCAA said it conducted more 20 interviews with Shapiro between March and May  2011, after Shapiro went to the NCAA to allege violations by UM and 114 student-athletes.

### Duncan said the enforcement staff alleged a violation by Shapiro only if it “believed the information provided by Shapiro was credible, reliable, corroborated…In addition, there was information reported by Shapiro that did not ultimately form the basis of an allegation.

“The reason for not bringing some allegations was not that the enforcement staff did not find Shapiro to be credible, but rather the enforcement staff had an obligation to provide the legislated standard for bringing an allegation.”

Duncan said Shapiro “provided the enforcement staff with pictures, bank records, phone records, credit card receipts that corroborate statements made in his interviews.”

UM has alleged that at least 20 of its violations alleged by the NCAA were unsubstantiated by anyone besides Shapiro.

On a less important note, I'm now on twitter. Please follow me: @flasportsbuzz

 

 

 

Comments

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TinSouthMiami

Strong work as always Thank you

Cane4life

solid sir.

joe mama

you da man barry

H Gui

the NCAA should be ashamed and disbanded...

TK SWAN!!

GOOD REPORTING BARRY ! WELCOME BACK BIG GUY!

Juan

they better not give miami another bowl ban.

tick, tick, tick ... BOOM !!! Soon

Don't []_[] Cane ClUck Kooks know that everyone presently accused awaiting trial and convicted in jail are ALL INNOCENT ?

[]_[]r Daddy NCAA has []_[] right in their Crosshairs and they are going to Nail []_[], not just because what #1 Cane ClUck Fan Nevin claims, but ALL those years []_[] ran wild with Ur false swagga BS in multiple sports over decades all within years of another having already been on Probation.

Poo Poo Platter

You wish loser... This case is ova.... Time served, minus some minor scholarship reductions.

[]_[] Stay Tuned And Channel []_[] Inner Johnny Cochran

Silly, silly cane fan...

And when they lower the BOOM, U'll whine and cry how nobody likes U and it's all a conspiracy against U.

Just what about, minus the denial, being a habitchual offender, in multiple sports, while already being on probation and then being a multiple repeat offender within 5 years of Ur last offense over the last 20 years since the mid-90's do []_[] not Understand ?

That's what U'll WILL get nailed for. No matter if it was 10 violations or 100 violations. $1,500 or 1.5 Million in illegal benefits, the FACT that those benefits are within the Window as a Muliple REPEAT offender will doom U. It's the pure definition of "Lack of Institutional Control." It makes ZERO difference if U admitted and self imposed, which U did (ie- U be gUilty). All the NCAA was deciding and waiting by taking their sweet time was wheather or not they were going to kill U or just cut off all Ur limbs. And what U have self imposed, just 2 Bowl games, the backing into the Coastal DOES NOT play into it(U'll see) will be nothing compared to the at least 2 more years Bowl ban and the KILLER. HUGE !!! And I mean HUGE Scholarship reduction by 10 Schollies a year for 5-6 years. That will absolutely cripple U well into the 2020's. That's when U'll finally realize U will then be the Black Knight from Monty Python's, Holy Grail, laying on the ground still talking swaggaless smack how U'll BE BACK !!! ...

And don't U forget that the NCAA recently passed a NEW Much Stiffer Penalty Policy that went into effect just last month... And let there be no doubt, []_[] will be their First example and Poster Child...

But U go right ahead and keep poking the NCAA with a stick and continue to deny, deny, deny... Nothing to see there Riiieeet ?

Silly, silly Cane Fan...

BagmanWilly

Be careful what you wish for......your next!

Steve

The Miami hater will be gone soon. The U will succeed ,UF and FSU will fade and we will never her from this moron again.

Maria

Welcome back Barry, you are simply the BEST!!!!

Jojo

So the dictorial powers of the NCAA are such that they can investigate /inquire for years and years with no time limitations???????????In other words........"we do what we want,when we want and have to answer to NO ONE in America".They see themselves as always right and with absolute power.I can absolutely guarantee that the U absolutely will bring a very STRONG and POWERFUL lawsuit regardless of whatever sanctions they will have ultimately received.When the dust settles......the NCAA will forever remember dealing with the University of Miami s legal team.This does not suggest that Miami made transgressions as I ve said all along they have.It is just a multitude of assumptions and incompetence that they have demonstrated to be their actual facts throughout this long process.The U will be the first,significant University to begin to reel in the tyranny and ruthlessness that the NCAA has rendered unchecked in it s unflattering past as it represents the utter hypocrisy of a so-called collegiate governing body.

UCheat

Don't forget about the PED Lab across the street from UM Baseball that MLB is currently investigating. Dirty, dirty, dirty.

UM's m.o., cheat like krazy then lawyer-up.

UMike

The NCAA is in for a FIGHT, that's for sure...guaranteed that UM's legal team knows what they're doing.

I hope and pray that the NCAA becomes exposed for what they are.............liars, cheaters, who pay people ILLEGALLY for information.

Do I think that UM is totally innocent? HELL NO. but I think UM has enough ammunition to take the NCAA to the higher courts...afterall, the NCAA ADMITTEDLY TAINTED THIS ENTIRE INVESTIGATION, now they must pay for that.....PERIOD, end of story.

 UGoCane

I cannot understand how the NCAA tries to UNTAINT tainted testimony.
1st Illegal and surreptitious testimony.
2 nd Breach of Confidentiality.
3 rd Lying (NCAA representatives misspoke)
4 th Conspiracy with a Felon to obtain testimony
5 th Throwing out SELECT portions of Wright's testimony.
Who selected what stays and what goes?..Emmert?

If the NCAA is "Offended" then Miami is MORTIFIED at the ineptness of a Governing Body with NO Internal Control. Who Controls the NCAA?.
I need answers fast..Let the fight begin . I agree UMike

Help Me Barry!!!. How could they bring in the death of Paul Dee to justify why they didn't interview.
They had time.
They didn't because Paul would have told them to go where the sun does NOT shine re his 'U', and they know it.
Great reporting and welcome back.
Go 'Canes

ko

Do they mean "meritless" like the case they've built against the U. These guys (NCAA) are absolutely comical.

Deja vU []_[]

The Miami hater will be gone soon. The U will succeed ,UF and FSU will fade and we will never her from this moron again.

Posted by: Steve | 04/15/2013 at 09:05 AM

See []_[] in 2020 saying the same thaing []_[] have been saying the last 10 years stUpid Cane.

Deja vU []_[]

So the dictorial powers of the NCAA are such that they can investigate /inquire for years and years with no time limitations??????????

Posted by: Jojo | 04/15/2013 at 09:10 AM

Once again []_[] Unreal, Dim, ClUless and just plain dUmb idiot Cane Fans don't get it... YES ! They ARE THE DICTORIAL POWER and it's THEIR Sandbox in which []_[] signed a Contract to play in and by THEIR RULES! I axe []_[] again. What about that do []_[] silly Cane Fans not comprehend and Understand about that? They DO NOT Answer to ANY State or Federal Agencey. []_[] and ALL Colleges that compete in the NCAA in ANY Sport answer to them and them only. Period. []_[] have already pleaded Guilty. U do not impose Ur own sentence. The NCAA is still gathering more info already on top of the multiple infractions they already have on U to PROVE that Ur well within the 5 year violation of the last Probation which makes []_[]multiple repeat Habitual offenders... U just don't get it. They are playing with []_[] like a Lion does a weasel. And they answer to no timetable or limitations.

*** "I can absolutely guarantee that the U absolutely will bring a very STRONG and POWERFUL lawsuit regardless of whatever sanctions they will have ultimately received." ***

I'd explain how absolutely fruitless and Useless that would be and how ANY "Wrongful" Lawsuit filed would be thrown out in every lower Court at first glace, but []_[] and the rest of the []_[] dreamers that have Zero Understanding of Contractual Law would look like dogs responding to a silent whistle blown right in their face with that tilted head hUUUUUUUUUUUUUhhhhhh look.

Hang in the clUcks... It won't be long til []_[] can cry, bitchnwhine to the moutaintops how everyone hates and is out to get []_[]... dUe to []_[]r own mis"givings" by []_[]r #1 Fan Nevin.

Donna Shalalala

I yip screech and bark like an annoying Chihuahua to whip up dUh fanbase...

But I have No Bite whatsoever.

dUh NC2A Judge

5th Misdemeanor equals Felony...


"But Judge, they were just 5 small infractions..."

Off to the State Pen for []_[]... NEXT CASE !!!

it's []_[] defined

[]_[] look []_[]p the word Habitch[]_[]al .

Don't Matter... Get It ?

Ohhhhhhhhhhhhhhhhhhhhhh, but it wasn't these Players... Wasn't these Coaches... Wasn't this Administration...

[]_[]'ll Beat None...

The U will be the first,significant University to begin to reel in the tyranny and ruthlessness that the NCAA has rendered unchecked in it s unflattering past as it represents the utter hypocrisy of a so-called collegiate governing body.

Posted by: Jojo | 04/15/2013 at 09:10 AM

Death... Taxes... NCAA...

n[]_[]ff said

I cannot understand how...


Posted by: UGoCane | 04/15/2013 at 09:44 AM

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