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Motion to Dismiss--Link

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http://westendzone.com/showthread.php?t=53085

The quoted highlights are in posts below. The short story:

1) The NCAA had an agreement with UM to let it know if it was going to investigate Miami relating to Miami SELF-REPORTING possible impermissible activity on the part of Shapiro so that a joint investigation could be done. Instead of honoring this agreement, the NCAA conducted several interviews and began its investigation of Miami without Miami's participation or knowledge.

2) The Cadawalder Report is full of holes and tries to paint the NCAA in the best light possible. SURPRISE.

3) NCAA Investigators flat out lied to Coach Haith and his assistant in separate interviews trying to get either to throw the other under the bus. Haith called them on it. Investigator lied once again on the record. He still didn't cave. We give Haith a ton of 'round these parts, but he deserves a standing applause

4) NCAA basically were conducting the depositions for Perez and financing her work. Other than this, they basically had nothing to go on. Of the 48 (note, not close to 100 as claimed by Yahoo) players named in the investigation, only FOUR had any semblance of corroborating evidence.

5) Miami's lack of institutional control is that the academic fundraisers may have had knowledge about Shapiro's connections to a sports agency. They had nothing to do with the athletic department. Rampant lack of institutional control.

6) One person claimed that the AD was informed of Shapiro's connections to an agency. One problem: supposedly the AD was told this 1.5 years PRIOR to Shapiro having any connections to an agency.

7) We quote interviews of Mark Emmert being a jackass.
Click to expand...

Pretty much, the NCAA did all they could to bring Miami down. Dirty *** ********
 
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It's worth the read. Everything that everyone on here has wanted to be said is in there.
 
To me, one of the most damaging disclosures--and there are many--is the NCAA breaking its promise to UM to conduct a joint investigation and going out and interviewing Shapiro 19 times without the knowledge of UM. Right from the jump, the NCAA acted deceitfully.

As an aside, it made me wonder whether that provides some bit of an explanation on why the Shapiro issue never came up in discussions with Coach Golden. Assuming the timing fits--and I don't know if it does--the matter might not have been anywhere on UM's radar at that time.
 
I read the whole thing too, with a keen eye for this shi-. what it says to me is, here is your one warning shot across the bow, ball's in your court. This is an outline of what will be in a massive federal lawsuit designed to bring down the NCAA or at least its enforcement arm and force a redesign of tis entire department. Emert will be named individually, so will many others. Intentional concealment, misrepresentations, fraud, gross negligence. If the NCAA doesn't respond, and continues to act as if their misdeeds (as documented meticulously in this motion) are no big deal, that in and of itself will be used against them later in civil suit depositions (i.e., so what did you think about this; did you investigate these charges further before you lowered the hammer at the June 15 hearing; why didn't you clarify that point and concede any missteps; don't you now agree in retrospect that they were right about this point, that point, the other; you had the chance to respond and correct any misinformation, misrepresentations, inaccuracies in the Caldwalder report, etc. and you didn't; why not?). They will be in a world of hurt if they stand idly by and accept everything as presented.

this is the warning. This is the blueprint. Discovery of the NCAA emails in a federal suit will establish clearly who knew what and when about all these issues, and that they were told to shut up, delete, or not to worry for whatever callous reason. Sure, there will be arguably incriminating emails on the U's end, but the trial will center around what the NCAA did wrong, not around the U at that point.
 
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A period in which the SEC has had unprecedented success, and eery scandal gets thrown under the rug, also happens to coincide with the strategic dismantling of the only two schools who can consistently upset the apple cart, Miami and USC.

So convenient.
 
I have to admit I was of the opinion that the University should accept minor scholarship reductions in exchange for ending the case and avoiding a lawsuit. After reading the whole document, **** that! The University should hold their ground and accept nothing less then a conclusion of the case with no additional penalties. Matter of fact, they may need to consider suing the NCAA even if the case is dismissed. The conduct of the NCAA in this investigation is beyond ludicrous. This should be required reading for every Canes fan. We also should mobilize like we used to for "raids" and make sure this document gets to every media outlet we can think of via Twitte, email or whatever. What a ******* joke.
 
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Good arguments but too wordy. The facts speak for themselves, loudly.

I liked how Glazier focused on the turnover of the NCAA staff. Both lead investigators got canned, and their replacements were too green to handle an investigation of this magnitude.
 
‏@ByTimReynolds
I'll just say this: Some of the things that still haven't come out in this Miami case are wild. Strap in, this bumpy ride isn't over yet.

‏@ByTimReynolds
A lawyer friend who's not involved in the NCAA case read every document that I have tonight. Interesting trends emerged, to come out soon.

@ByTimReynolds
RT @Art_est: Percent that Miami case is dismissed. > I still say zero. But I'm starting to really think they will ultimately win.
 
DMoney said:
Good arguments but too wordy. The facts speak for themselves, loudly.

I liked how Glazier focused on the turnover of the NCAA staff. Both lead investigators got canned, and their replacements were too green to handle an investigation of this magnitude.
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Legal documents, or anything resembling them, are always needlessly wordy.
 
Last edited by a moderator:
MAGIC CITY CANE said:
‏@ByTimReynolds
I'll just say this: Some of the things that still haven't come out in this Miami case are wild. Strap in, this bumpy ride isn't over yet.

‏@ByTimReynolds
A lawyer friend who's not involved in the NCAA case read every document that I have tonight. Interesting trends emerged, to come out soon.

@ByTimReynolds
RT @Art_est: Percent that Miami case is dismissed. > I still say zero. But I'm starting to really think they will ultimately win.
Click to expand...


Oh lawd
 
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