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- Sep 4, 2012
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All the discussion about deals and signals and settlement has been wildly uninformed.
There is no one even to talk deal with up to now. The NCAA is not set up well to cut deals. The enforcement arm collects evidence and bring charges. The COI assess them and imposes penalties. You would have to talk deal with the COI, but you can't even consider doing that until there is a NOA.
So go back and ask what DS is angry about. The NOA brings serious charges against the U. That's one thing. The investigation revealed a true witch-hunt against the U. That's another. But what did she expect? Perhaps she thought Emmert would soften the NOA given the problems with the investigation. Maybe.
Maybe she's just trying to send a message to the COI? But that can be done more diplomatically.
I think the only way to interpret her comments are a signal of defiance in the face of a set of events that she is concerned could play out very badly for us.
That's certainly one way to interpret it. It's not the only way, by any stretch.
It's not politically or legally expedient for the NCAA to just let Miami off with time served at this point. That's been a well-documented opinion by several takes I've read on the situation, and I agree with it. Since the process pretty much has to be followed, this NOA has to be issued, and it has to have teeth, given the extent of the investigation and the media attention on the case. Harsh language in the NOA does not directly signal that Miami would get hammered moving forward by the COI. Specifically, I'd be interested to read the NOAs for Boise, UCF, and Ohio State. Their penalties were all relatively light.
My opinion is that Donna's issuing this statement is a public shot across the bow of the NCAA. But it does not mean that she hasn't been given back-channel assurnaces that Miami will getting time-served, at the end of the formal process. As I mentioned earlier, a statement like this in the press by Miami gives the COI and *** Boy Emmert (I'd apply to have his name legally changed, if I could) the cover they need to throw Enforcement under the bus. Everyone knows that Enforcement was way off the reservation in this investigation, and who knows how many others? The head of the deparment has been fired, along with others. There's no one left on the Enforcement side to **** when they get bus-tossed and Miami gets times served.
There's blood on both sides. We've been muck-raked for over two years; NCAA has been severly undermined.
There's no reason for either side to pursue this further.
Back-channel assurances by whom? The COI decides penalties, and unless you live in Robert Ludlumville, it's hard to see how they or any amongst them could give us assurances on penalties before they've seen the NOA. It's also hard to see how anyone could speak for that group. And if you think the COI has somehow met and given us assurances before the NOA was issued, well, let's just say that sounds fanciful.
And on the odd chance that somehow you're right, if DS has been given some 'assurances,' then why would she be publicly humiliating the NCAA? When someone cuts a deal with you, the quid pro quo generally includes shutting your trap and letting things play out.
Her going hard after them is pretty clear evidence in my view that there is nothing promised, no wink-winks. She's positioning things for maximum leverage. As she should.
This. DS went harder than an Armenian on the NCAA. You don't do that to your adversary when you've got a deal worked out.
I was one who thought there would be a settlement worked out and that the COI would be a mere formality, but DS spitting bile with her public statements tells me otherwise.