« UM football spring postscripts, notes; Fins bring in more players; Heat, Marlins | Main | More tidbits from UM/NCAA case; Heat chatter; Broadcast notes »

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.


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





Feed You can follow this conversation by subscribing to the comment feed for this post.



The Univ. of North Carolina's football team unveiled new all-black uniforms" during halftime of its spring game. The unis will be worn on Oct. 17 against Miami on what UNC football is calling 'Zero Dark Thursday.'
-- daily tarheel



Hey "U'll Beat None": Don't you have some little team that you root for? SHouldn't you be following them? Or, are they soooooo incredibly lame that no one writes about them? Get your facts straight, take a grammar class and then go Get a life please!



Stephen Ross' RSE Ventures is trying to set up an intl soccer tournament in the U.S. and is close to a Fox deal.

talks have progressed far enough that Ross’ RSE Ventures has scheduled a press conference for Tuesday in Miami to unveil the single-elimination tournament.

The tournament will culminate in two games at Sun Life Stadium in early August.

MLS has its sights on adding an expansion franchise in Miami, with Ross as the owner. A strong showing with the pair of matches in August would help push Miami as a top soccer city in the U.S.
-- john ourand


Mike C.

Very interesting read Mr. Jackson.

If this situation comes down to a lawsuit war, Miami's best bet will be to try to prove that the NCAA has an unjust malice bias towards the University. Although it wouldn't be a Civil Rights type of case which involves much interpretation, it will be tough to prove absolute bias towards Miami because of their selfimposed status. Hopefully Miami will prove that they have done everything in their power to comply and deserve closure. Which I believe is the case. Seems to me that Miami has shown much contrition. The NCAA's arguement will be that Miami is contractually bound to their bylaws and only after formally informed of "potential" sanctions by them, did the Canes then self impose. Basically the NCAA will argue, and it will be a good arguement, that the Institution, The University of Miami, did not know of or act upon any potential rules violations until informed by the NCAA. Thus Miami did not "self report" bringing to light toward the NCAA of potential rules violations. And contractually, that works in the favor of, "The Lack of Institutional Control" charge. And the NCAA will have the benefit of doubt there with Latitude since they are considered basically like a private club, and their members, within reason must adhear to their standards per a contract agreement.

I have no dog in this fight. I'm a Georgia Tech retired Korean War Vet living in Key Largo that studied Engineering and married an Emory Lawyer. I'm not a fan of the NCAA and do not dislike The University of Miami in anyway. Fine Football program. I played basketball for the Navy and we scrimmaged the Hurricanes at the Miami Beach Convention Center when I was stationed in Ft. Lauderdale back in the 50's. I think the consensus here is that yes, Miami broke some rules. And that the NCAA has a little more than status quo interest to really try to put the screws to them. Now I'm not sure about the NCAA rules regaurding repeat offenders, but I do remember that they have always been ultra tough when it comes to that. I still have some SMU buddies that haven't recovered from what they did and went through. Which is obviously far more than the Miami case. But personally, for all involved, I'd like to see this get to an arbitrator and settled fairly. And one sides definition of fair isn't always the other sides definition. But at least it will finally begin the ending of the process to heal, and I'm sure that's what any school in Miami's position would hope for.

Good luck and what do you say taking it a little easy on my Georgia Tech Ramblin Wreck fellas in the future?


well, 2 mos is the meeting cluck boy. and fsu will lose 5 games or more thus yr


Let the haters hate, they will hate even more when the dust settles and it is Emmert and his mob lying wounded and dying in the street and the U with smoke coming from their guns with the last bullet fired hitting it's mark!


UM just needs to keep coming back with this line:

"Hey, it was YOU WHO TAINTED THIS INVESTIGATION, we complied in every way!"

To that, the NCAA cannot respond logically. It's the NCAA who's grasping at straws, NOT UM...we did all we were asked to do, and all the while, the NCAA was obtaining information illegally....CASE CLOSED!


Duncan said the enforcement staff alleged a violation by Shapiro "only if it “believed the information provided by Shapiro was credible, reliable, corroborated"
provided the enforcement staff with pictures, bank records, phone records, credit card receipts that corroborate statements



Biggest admission by the NCAA in its response? Its silence as to UM's charge that the NCAA violated its agreement to conduct a joint investigation by going behind UM's back to interview Shapiro a bunch of times. The NCAA avoided virtually any discussion of that point in its response, saying only that sometimes you have to engage in that conduct in an investigation, which is a screaming admission of both the NCAA's agreement with UM and the NCAA's intentional failure to abide by it.

« 1 2

The comments to this entry are closed.