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UM-NCAA decision day: Live blog, penalties, reaction

Please check back throughout the day for news on the NCAA's ruling on the UM case and comments from the 11 a.m. news conference.

As WQAM's Joe Rose first reported this morning -- and was confirmed by Herald sources -- UM will lose three football scholarships each of the next three seasons for a total of nine. There will be no additional bowl ban. (Of course, UM already has self-imposed two.) But recruiting visits will be limited.

"No one is going crazy," a UM official said. "It's in the tolerable range."

UM will not appeal the sanctions. It will accept the penalties and move on.

Also, UM basketball will lose three scholarships over the next three years for a total of three.

Here's the NCAA release on penalties:

Football program penalties

  • Reduction of football scholarship by a combined total of nine during the 2014-15, 2015-16 and 2016-17 seasons.
  • Miami may only provide a prospect on unofficial visits complementary tickets for one home game during the 2014-15 and 2015-16 seasons.
  • Self-imposed by the university:
  • Two year bowl ban following the 2011 and 2012 seasons, including the 2012 ACC Championship game.
  • Reduction of official paid visits for 2012-13 by 20 percent to a total of 36 visits.
  • Reduction of fall evaluations in 2012-13 by six (from 42 to 36).
  • Reduction of available contact days during the 2012-13 contact period by 20 percent.

Men’s basketball program penalties

  • Reduction in the number of men’s basketball scholarships by one during the each of the 2014-15, 2015-16 and 2016-17 seasons.

Additional penalties

  • For all sports, any staff member who sends an impermissible text to a prospect will be fined a minimum of $100 per message, and coaches will be suspended from all recruiting activities for seven days.
  • Further penalties resulting from impermissible texts and phone calls are detailed in the public report.

Here is the rest of the NCAA report:

The University of Miami lacked institutional control when it did not monitor the activities of a major booster, the men’s basketball and football coaching staffs, student-athletes and prospects for a decade, according to findings by the Division I Committee on Infractions.

Many of Miami’s violations were undetected by the university over a 10-year period, and they centered on a booster entertaining prospects and student-athletes at his home, on his yacht and in various restaurants and clubs. Approximately 30 student-athletes were involved with the booster. Several football coaches, three men’s basketball coaches and two athletics department staff members were also involved in the case. These staff members had a poor understanding of NCAA rules or felt comfortable breaking them. Furthermore, some of the coaches provided false information during the enforcement staff and university’s investigation.

Timeline

Below is a timeline of events regarding the University of Miami case.

2009

November: Miami notifies NCAA of an internal investigation into potential violations

2010

March: Miami submits a reports multiple phone and text message rules violations to the NCAA

May: Miami submits a supplement to this report with additional violations

June: NCAA enforcement staff and Miami conduct joint interviews

Fall: NCAA enforcement staff sends Miami a letter to begin the summary disposition process

2011

Feb. 23: The booster sends a letter to the NCAA detailing potential Miami violations

March 31 – May 27: The enforcement staff interviewed the booster more than 20 times

Aug. 15: NCAA enforcement staff delivers a notice of inquiry to Miami and begins conducting interviews

Aug. 30: NCAA student-athlete reinstatement staff determines that eight Miami football student-athletes must sit out games and repay benefits

2012

Interviews continue. From 2011 through 2013, the NCAA enforcement staff conducted more than 70 interviews with current and former coaches, student-athletes and university administration, in addition to others connected with the case.

2013

Jan. 10: NCAA enforcement staff notifies Miami that select NCAA staff worked with the criminal defense attorney for the booster to improperly obtain information for the purposes of the investigation through a bankruptcy proceeding that did not involve the NCAA

Jan 14-17: NCAA enforcement staff notifies involved individuals of the procedural issue involving the criminal defense attorney

Jan. 23: NCAA announces external review of procedural issue

Feb. 18:  NCAA releases findings of external review

Feb. 19: NCAA enforcement staff issues a notice of allegations to Miami and the involved individuals

Feb. 21: Two former assistant men’s basketball coaches and a former assistant football coach submitted a request to dismiss the case or receive relief from the allegations

Feb 22: Committee on Infractions holds a prehearing conference with involved individuals and the enforcement staff.  Prehearing conferences are held to prevent new information from being introduced at the hearing

Feb. 27: After discussion with the full Committee on Infractions, the chair provided a structured course of action to handle the procedural issues while also detailing a plan to move the case forward fairly and efficiently. All involved people had until March 6 to respond to this plan.

March 2 – 6: Miami, one former assistant football coach and the involved basketball coaches provided their responses to the plan

March 8: The committee chair provided an amended plan based on these responses

March 19 – April 5: All involved groups submitted their responses, including additional requests to dismiss the case from the university and coaches.

April 23: Committee on Infractions issues decision regarding motion to dismiss

May 20: Miami and involved individuals submit response to the notice of allegations

May 22-23: Prehearing conferences conducted with Miami and involved individuals

June 13-14: Committee on Infractions conducts hearing with Miami, involved individuals and the enforcement staff

The former head men's basketball coach failed to meet his responsibilities as a head coach when he did not monitor the activities of his assistant coaches, and attempted to cover up the booster's threats to disclose incriminating information, according to the committee. Additionally, two assistant football coaches and one assistant men’s basketball coach did not follow NCAA ethical conduct rules.

The committee acknowledged and accepted the extensive and significant self-imposed penalties by the university. Additional penalties in this case include a three-year probation period; a reduction in the number of football and men’s basketball scholarships; recruiting restrictions; a five-game suspension for the former head men’s basketball coach; and two-year show-cause orders for two former assistant football coaches and a former assistant men’s basketball coach. If these individuals are employed at an NCAA member school during these two years, they and their current or future employer must appear before the Committee on Infractions to determine if the coach should have his duties limited.

When determining the facts of the case and appropriate penalties, the committee only considered information obtained appropriately during the investigative process and presented at the hearing. The case involved numerous, serious violations of NCAA rules, many of which were not disputed by the university. Overall, it involved 18 general allegations of misconduct with 79 issues within those allegations. These were identified through an investigation that included 118 interviews of 81 individuals. Additionally, the committee had the responsibility of determining the credibility of individuals who submitted inconsistent statements and information provided by a booster who is now in federal prison. In reaching its conclusions, the committee found, in most instances, corroboration through supporting documentation and the statements of individuals other than the booster.

Prior to the hearing, the committee addressed procedural issues raised by the university and the involved individuals connected with the enforcement staff’s use of the booster’s defense attorney to obtain information from depositions conducted in the booster’s bankruptcy case. As a result of the information being obtained in a manner inconsistent with NCAA policies and procedures, it was determined that all information stemming from the depositions would be excluded from consideration in the NCAA infractions case.  Further, the enforcement staff did not rely on any of the excluded information before or at the Committee on Infractions hearing.

The committee had no role or involvement in the enforcement staff’s investigation of the case, the internal investigation commissioned by the NCAA into the use of the booster’s attorney by the enforcement staff or in the report that resulted from the internal investigation. The committee did review arguments made by the university and the involved coaches asking that the allegations be dismissed or limited due to the procedural issues from the use of the bankruptcy depositions and other complaints about the investigation. Once all of those arguments were heard and addressed by the committee, the committee heard the case on its merits based on the remaining information.

The committee found violations in the following areas: telephone and text messages in multiple sport programs, which resulted in Miami admitting that it failed to monitor; booster involvement in the men’s basketball and football programs; Miami’s control of its athletics programs and its commitment to rules education and monitoring.

Many of the violations in the football and men’s basketball program are separate and distinct violations, with the common link of the booster. From 2001 through 2008, the booster donated and pledged approximately $500,000 to the university’s athletics program. He hosted a fundraising bowling tournament, attended by university officials, which raised $50,000 for the men’s basketball program. The committee determined the booster was extremely visible because the university granted him special access to athletics events and named a student lounge after him. Additionally, the booster entertained groups of student-athletes and operated in the public view. Knowing all of this, the university did very little to control or to monitor the conduct of the booster, the committee said.

While Miami lacked institutional control related to the conduct of the booster, it also lacked adequate policies and procedures for staff members to report potential violations without fear of consequence. Miami did not have the policies or monitoring systems to detect improper text messages and phone calls. Many staff members did not have basic knowledge of NCAA recruiting rules or felt comfortable breaking them, and the university did not have sufficient rules education in place. Had the university properly monitored its sports programs, especially the high-profile sports of football and men’s basketball, it may have identified risks sooner. The committee added that the failings of the university enabled a culture of noncompliance within the university and resulted in a lack of institutional control.

Violations involving student-athletes and prospects resulting from the booster’s activities included entertaining student-athletes and coaches at his home; housing a student-athlete at his home; access to his yacht and jet skis; providing cash prizes to student-athletes for fishing competitions; meals and entertainment at local restaurants, clubs and a bowling alley for student-athletes, prospects and their families or friends; gifts of cash, clothing and other items, including a television and gifts for student-athletes’ families and children; hotel lodging for prospects; purchasing  airline tickets; and football stadium suite access for a prospect. Additionally, the booster was an investor in a sports agency and provided a student-athlete $50,000 to influence that individual to sign with that agency.

The booster’s personal relationship with Miami athletics was not just limited to student-athletes and prospects. Several former football and men’s basketball coaching staff members also had a close relationship with the booster. These relationships allowed the booster to gain access and become more involved with prospects. Some former football assistant coaches asked the booster to assist with recruiting for the program and two former football assistant coaches asked the booster to provide personal cash loans to them. Multiple former assistant football coaches were aware that the booster was providing meals and entertaining prospects at his home; however, they did not report the violations to Miami’s compliance office.

Two former assistant football coaches did not follow NCAA ethical conduct rules when they provided prospects with free lodging, meals and transportation. Further, one of the former coaches arranged for the booster to provide benefits to prospects. Both former football coaches provided false or misleading information to Miami and the enforcement staff during the investigation as well. In some instances, the information provided by each coach directly contradicted the information provided by prospects.

Two former assistant men’s basketball coaches looked to the booster to entertain high school and nonscholastic coaches of prospects. A former assistant men’s basketball coach did not follow NCAA ethical conduct rules when he provided false information during his interviews about providing airline points for a flight to a prospect and his high school coach. Despite giving the high school coach his airline account information to purchase flights with frequent flyer miles, the former assistant men’s basketball coach stated he did not know his airline points were used. During the hearing, the former assistant men’s basketball coach then admitted that he provided false information.

When the booster began experiencing financial trouble, he requested that the former head men’s basketball coach loan him a large sum of money or that the former head men’s basketball coach return the booster’s $50,000 donation. The former head men’s basketball coach denied the booster’s request; however, a former assistant men’s basketball coach agreed to loan the booster $7,000, which the booster eventually repaid. After the booster was incarcerated in 2010, he began to threaten the former head men’s basketball coach and assistant coach and demand money. The committee determined the former head men’s basketball coach and the former assistant men’s basketball coach worked together to make sure the booster received $10,000 to end the booster’s threats.

The former head men’s basketball coach was aware of the booster’s threats and he took steps to help a former assistant men’s basketball coach to make a payment to the booster’s mother to end the threats. As the leader of a high-profile basketball program, he had a responsibility to make sure he and his staff followed the rules. However, the former coach did not meet his responsibilities and this conduct resulted in violations. The committee noted that had he asked about the basis of the threats and the former assistant coaches’ relationship with the booster, he could have recognized potential concerns or taken the issue to the compliance office.

Because the violations occurred before October 30, 2012, and the hearing occurred before the new infractions procedures took effect on August 1, 2013, the case was processed utilizing the procedures in effect at that time. The committee moved forward with the previous penalty structure, instead of the newly-adopted Level I-IV violation and penalty structure.

A full list of penalties, including those self-imposed by the university and by a coach’s current employing university can be found in the public report. Penalties in this case include:

  • Public reprimand and censure.
  • Three years of probation from October 22, 2013, through October 21, 2016.

Former assistant football coach B (as identified in the public report) penalties:

  • A two-year show-cause order from October 22, 2013 through October 21, 2015. The public report contains further details.
  • The committee also adopted penalties imposed by the coach’s current employing university, which are detailed in the public report.

Former assistant football coach C (as identified in the public report) penalties:

  • A two-year show-cause order from October 22, 2013, through October 21, 2015. The public report contains further details.

Former head men’s basketball coach penalties:

  • A suspension for the first five regular-season games of the 2013-14 season.
  • Attendance at one NCAA Regional Rules seminar at the conclusion of the 2013-14 academic year.

Former assistant men’s basketball coach B (as identified in the public report) penalties:

  • A two-year show-cause order from October 22, 2013, through October 21, 2015. The public report contains further details.

 

Members of the Division I Committee on Infractions are drawn from the NCAA membership and members of the public. The members of the committee who reviewed this case include Britton Banowsky, chair of the Committee on Infractions and commissioner of Conference USA; Greg Christopher, athletics director at Xavier University; Christopher L. Griffin, coordinator of appeals and attorney; Brian Halloran, attorney; Roscoe Howard Jr., attorney; James O’Fallon, law professor and faculty athletics representative at the University of Oregon; Dennis Thomas, commissioner of the Mid-Eastern Athletic Conference; and Thomas Yeager, commissioner of the Colonial Athletic Association.

 

 

The members of the committee who reviewed this case include Britton Banowsky, chair of the Committee on Infractions and commissioner of Conference USA; Greg Christopher, athletics director at Xavier University; Christopher L. Griffin, coordinator of appeals and attorney; Brian Halloran, attorney; Roscoe Howard Jr., attorney; James O’Fallon, law professor and faculty athletics re

####

Among former coaches:

### Missouri coach Frank Haith will receive a five-game suspension.

### Aubrey Hill, Clint Hurtt and Jorge Fernandez received two-year show cause penalties. Hurtt is on Louisville's staff (pending a decision by the school), but the penalty will make it difficult for Hill and Fernandez to land jobs in the next two years.

### Former assistant basketball coach Jake Morton did not get a show cause penalty.

Throughout the process heading into today, UM has remained optimistic that it would not get another bowl ban but likely would get football and basketball scholarship reductions.

UM and the former coaches were informed of their rulings at 8 a.m. Tuesday -- two hours before the public release.

More to come...

Comments

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Randman

We'll see how this all shakes out, but how does Randy Shannon come out clean on this? This all happened under his watch; I can see Coker being clean but Shannon?

R.Victory

WQAM Reports Miami will lose 9 scholarships over 3 years.

Steve B

Shannon is one of the reasons we didnt get worse.he told everyone to stay away from the guy and banned him from practices

The NCAA did the right thing.The coaches should be the hardest hit.Al Golden is now unshackled. Nevin Shapiro will rot in jail and be fearful when he gets out. Beautiful.

R.Victory

Hopefully the program can focus on football and recruiting now. Coach Golden needs to put that fence back up in South Florida. All our local talent needs to stay home in the State of Miami. Go Canes!

sonny corleone

It's pay day in prison for Nevin.

I can her Bubba say "what do you want to be today, the mamma or the papa"?

Good luck you little creep and we'll see you in 18 years.

The Doctor

Wow. The pain is over! Let the healing begin...!

Martin

I think UM should immediately sign coach Golden to a long-term extension ...

AleXBadaboom

that is best news posible, if its true than everything is great, no more a-holes talking smack about how the program was going to crumle, Shapiro must biting the pillow by now

CanesU26

How good does this feel my fellow canes fans, finally putting that 2 1/2 year lingering black cloud behind us! I think we all felt that weight be lifted off this morning now lets focus on Wake Forest and keep moving full speed ahead! I will admit it isnt easy to keep FSU out of my head, my blood has been boiling since summer time when I heard Mr. Winston cockily state he isnt scared of UF or Miami. Respect his play right now i do but I cant wait for Denzel to get a shot on him!!

rboud

Golden will now be at UM for quite awhile. Harsh sanctions may have given him no choice but to leave. UM will prosper under his leadership. He can succeed under these sanctions. The NCAA bungled the investigation and they knew it. Let's not forget, however, that self-imposing 2 bowl games and an ACC Championship game is the harshest penalty a school has ever self-imposed. UM suffered plenty. Saying UM got off easy is ridiculous. Living under the NCAA cloud for over 2 and a half years is punishment in itself.

J.T.

How sweet it is to be done with this mess! The Canes can now solely focus on football and getting back to the mountaintop where they belong. We need to support this team, South Florida. They have clawed and fought through all of the negativity, all of the adversity, and all of the naysayers who tried to bury The U. They deserve our support! Coach Golden has done an outstanding job weathering this storm. Now recruit the hell out of Miami and let's get the Canes back to the top! LET'S GO CANES!!!

Thx

whats happening with NCAA is EXACTLY as I predicted.....UM was supposed to be humble..let it die, but no....a lot of bravado backed with frivolous motions....

the quote green pea was the NCAA has never dropped the notice of allegations....also UM has notified the NCAA it reserves the right to go to court, lol wtf is that...are you some child.....you don't need to reserve anything just file the complaint in civil court and pay the fee, lol

this was from congress overview of NCAA....

"Another way in which the proceeding is unlike a normal judicial case is that the committee is not limited to finding violations that are alleged in the NOA. If during the course of the hearing, the committee finds evidence of violations not listed in the NOA, it may rule that such violations have been committed without the institution being given the opportunity to investigate or to prepare to rebut such alleged violations and without the individuals affected by the ruling being notified or consulted. This offers yet another reason why, unlike a criminal defendant, institutions might feel constrained from aggressively seeking to use all possible objections and tactics to avoid any penalties—even in the unlikely event it proves that the charges in the NOA are without merit, there can still be a price to pay, especially if the committee becomes put off by overaggressive posturing or believes that the institution does not display a sufficiently cooperative or contrite attitude"

UM better be very careful with these motions.....but then again the NOA has been given...the institutions have NEVER been exonerated during the hearings....UM is guilty....

Um lawyers seen to want to have self sanctions be the end of this BUT....I think there is alot more here.....more evidence from NCAA of UM "lack of institutional control".....

let is die.....

Posted by: Jim Gallo | April 06, 2013 at 11:17 AM


Right again!

Dom

Oh he kissed me, I got my Christmas goose early this year

Dom

If you look at it technically, we have been bad the past 3 years, they got their 3 post season games, 7-5 seasons , beat downs on nat tv @notre Dame @ Kansas state last year, so we got punished.

GOLDIE has done such a good job recruiting is the testament on why were #7. Are we back NO, but WE WILL B LOADED BY NEXT SESAONS CLASS> TOP 5 on EVERY RECRUIT SITE. 13 Espn 150 players or something like that. LOADED>.......................and fsu will choke

THE REAL DON SOLDY

UM GOT WHAT IT DESERVED - NOTHING MORE WAS NEEDED.

LETS FACE IT, ALL THE THINGS THE CROOK SAID WERE TRIE, KENNY PHILLIPS JUST ADMITTED IT ALL TO THE SENTINEL PAPER THIS MORNING.

BUT IT HAPPENS EVERYWHERE.

BY THE WAY, THE FINS STILL SUCKS.

JEFF IRELAND CAN SUCK A BALLSACK

O.J.

I was innocent too.

Dom

We have like 8-10 less schollies now then the 85 limit, so we aren't really getting ANY PENALTIES. We are not at the 85, and we only need to be at 82 per yr for 3 years. SO GOLDEN CAN ADD MORE TO THE CLASS

TIME TO SEE SOME FSU AND UF COMMITTS SWAP. DALVIN COOK? THE RB??? Ahh fsu and uf commits are COMIN

Keepin it real always

3 scholly s a year for 3 years is reasonable.Golden didn t deserve the NCAA mess but he ll always be appreciated in Hurricane football tradition forever.That said.....negative recruiting has come to an end.Miami and Golden and Co can recruit/recruit/recruit anywhere and everywhere now.(with limitations of course but doable and workable).UF and FSU recruiting won t be as easy for them either anymore.Canes will receive an EMOTIONAL boost from the ending of this negative saga in their current lives.Wake Forest will be on the receiving end of the Canes new freedom and new energy.NCAA mess is over.Great to see the Canes now moving FORWARD again.It s great to be a Cane.

GM

Great News for The U today! The damage has been done thanks to the NCAA. Dont understand what took so long to deliver this not so bad message. Glad its over! Almost clear skies over the U once again. What a story it will be if we can sell out the Wake Forest Game to show our support, and if this team can pull off a victory vs FSU in Talla, what a story this will be. Its time we all smile again. Doesn't it feel nice wearing the Canes gear around the US and just smiling away. Big Thanks to Golden and staff. We would not be ranked #7 and have yet another strong class coming in next yr if it wasn't for Coach Golden.

AnonymousCane

It's over. in more ways than one....the U and Al Golden are coming and HELL is coming with them!

LOL, tailgating is going to be wild Saturday and the U should roll, beat Wake Forest!! Go Canes

AnonymousCane

BTW one coach is now coaching at the High School (Carol City) level and I have had the pleasure of meeting him and speaking to him and I can tell you he is a first class gentleman, a great coach and I stand behind Aubrey Hill 1000% I know he is a Gator but this guy is the real deal, good people! I would trust my son to play for this coach any day! JMO

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