Like with so much the NCAA does, the guidelines for a hearing of the Committee on Infractions are laid out in precise detail, right down to the arrangement of the hotel conference room (tables are arranged in a large square, with committee members flanked on the left by investigators, on the right by the school's official party, and so on). For an organization that obsesses about blue curtains and paper cups at its championships, there's obviously comfort in familiarity.
So when Miami gets its day in court beginning Thursday in Indianapolis, the process will be numbingly routine — and since the hearing is closed, we'll have to take their word for it. But nothing about this case is routine, from the magnitude of the allegations, to the admitted misconduct by NCAA investigators, to the school's subsequent tone of defiance.
All of it will play out behind closed doors — as opaque as always — but against the very public backdrop of NCAA enforcement's tattered reputation. And although Miami is charged with, among other things, lack of institutional control, there's a very real question as to who's actually going to be on trial.
The Committee on Infractions is under pressure not to let Miami off the hook. But the school appears ready for a fight and has plenty of ammunition.
"The committee is going to be fully equipped to handle this," said Jo Potuto, a former member of the Committee on Infractions. "It won't be the first time that there will be somebody in the room who's very upset, either from a coach or a university."
But David Ridpath, an assistant professor of sports administration at Ohio University and a frequent critic of the NCAA's enforcement arm, said, "No matter how the NCAA spins this, they are on trial as their tactics and methods are finally coming to light. They are losing investigators and their credibility is shattered. I am not sure how hard they can come down on Miami after all this."
Ridpath referred to the recent departures of at least seven enforcement staff as the department continues to unravel. At least two might have been directly related to fallout from the Miami case, when the enforcement staff paid the attorney for booster Nevin Shapiro to depose witnesses through the bankruptcy process. Former investigator Ameen Najjar, who made the arrangement with Shapiro's attorney, was fired before the misconduct was made public. Julie Roe Lach, the vice president for enforcement, lost her job after an external review of the misconduct.
Four others have left for positions in college compliance departments, but they're all jumping ship, and perhaps the only place we shouldn't expect a former investigator to land is at Miami.
After the external review, the NCAA removed an estimated 20% of evidence it considered "tainted" — and still found reason to charge Miami with lack of institutional control. But after the Keystone Kops act, does anyone actually recall the alleged violations?
Shapiro, serving a 20-year sentence for running a $930 million Ponzi scheme, told investigators that he provided thousands of dollars worth of impermissible benefits to dozens of Miami players over an eight-year period. When the story was broken by Yahoo! Sports almost two years ago, the NCAA was already investigating. Shapiro has since been described by Miami President Donna Shalala, in a statement released by the school, as "a man who made a fortune by lying … a convicted con man."
Shalala also fired shots at the NCAA's investigators, and the sharp words played well in public perception.
"I never recall any incident in which the enforcement staff was on trial as it is in this case. That just didn't happen," said David Swank, a former chairman of the Committee on Infractions who said he has only followed the case through media reports.
While asking the case be dismissed, Shalala added that the school had "suffered enough." She had a point. Miami had been under investigation for almost two years and had already self-imposed severe sanctions including consecutive bowl bans. But that also points to Miami's evident concern over the serious nature of the convicted con man's allegations.
The Committee on Infractions has enormous leeway to pursue lines of questioning. Hearings often go in directions no one really expected. Given the enforcement staff's misconduct — and that three days have been blocked out for the hearing — the proceedings promise to focus as much on the investigators as the investigated.
That's not necessarily unusual. But nothing about this is routine.
"I expect tough questioning on both sides," Ridpath said. "The NCAA is trying to save itself from embarrassment and wants to salvage the case. Miami has a bit of the upper hand in many ways and likely will not back down (from) anything – which is typically frowned upon in these hearings."
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