From NCAA Staff:
Select NCAA enforcement staff acted contrary to internal protocols, legal counsel and the membership’s understanding about the limits of its investigative powers in the University of Miami case, according to the external Enforcement Review Report.
Kenneth L. Wainstein, a partner with the law firm of Cadwalader, Wickersham & Taft LLP, conducted the review at the direction of NCAA President Mark Emmert following his January 23 announcement of conduct issues within the enforcement program.
“With the completion of the external enforcement review, we recognize that certain investigative tactics used in portions of the University of Miami case failed our membership,” said Emmert. “As I stated before, we are committed to making the necessary improvements to our enforcement processes and ensuring our actions are consistent with our own values and member expectations.”
This review focused specifically on the enforcement staff’s use of outside counsel and the federal bankruptcy process to determine whether staff took inappropriate steps in their efforts to secure testimony and records, and if so, determine how that happened.
The external review found select enforcement staff members:
· Knowingly circumvented legal advice to engage Nevin Shapiro’s criminal defense attorney.
· Violated the internal NCAA policy of legal counsel only being retained and monitored by the legal staff.
· Paid insufficient attention to the concern that engaging the criminal defense attorney could constitute an inappropriate manipulation of the bankruptcy process.
· Did not sufficiently consider the membership’s understanding about the limits of the enforcement staff’s investigative powers.
· Did not violate a specific bylaw or law.
Additionally, the report found:
· Enforcement leadership exercised insufficient oversight of the engagement of the criminal defense attorney.
· The legal and enforcement staffs took appropriate action to rectify the situation once they realized select enforcement staff members had engaged the criminal defense attorney.
The information gained through the bankruptcy proceedings or other evidence derived from that process will not be used in the Miami investigative record. The NCAA plans to proceed with the case with information properly obtained by the enforcement staff.
“This report is an important first step in responding to the issue at hand,” said Wainstein. “For an organization with an oversight function like the NCAA, its credibility and reputation for fair-dealing are always more important than its ability to prove the allegations in any particular case. This episode is a reminder of the problems that arise when investigators resort to expedient but questionable tactics.”
“My responsibility is to be certain that the membership has confidence in all of our processes across the national office,” said Emmert.
“To that end, I have appointed Jonathan Duncan, a law partner with a focus on education and sports law at Spencer, Fane, Britt & Browne LLP, to serve as interim vice president of enforcement. He has worked on NCAA issues for 15 years from multiple perspectives, including service to both the Enforcement and Rules Working Groups,” added Emmert.
Additionally, Duncan and Spencer Fane will work with Cadwalader to review the regulatory environment from the national office and membership perspectives. To gain member insights, the review will include discussions with schools that recently engaged in the enforcement process. It will comprise a broader policy, practice and procedural review of how NCAA regulatory activities are managed and conducted.
The final phase of the review will engage the membership to probe broader, philosophical questions about the nature of the regulatory side, including the desired outcome of regulation and to what level the membership wants to be held accountable. The review will include enforcement, eligibility, reinstatement and the waiver processes.
“Integrity is vital to the Association’s regulatory functions,” said Lou Anna K. Simon, executive committee chair and Michigan State University president. “Our expectation is that the NCAA uses this review as a launching point for meaningful change. Moving forward, NCAA member schools must engage in a healthy debate about our desired outcomes and expectations of the Association’s regulatory functions.”
West Palm Beach, Fla. -- Northwood University (21-2) beat Embry-Riddle Saturday afternoon, 65-59, avenging an earlier season loss to the Eagles.
Watch the highlights from the game below.
Boca Raton, Fla. -- Former Florida State defensive back and punt returner, Greg Reid, is on a long road back to football.
Prior to the 2012 season, Reid was kicked off Florida State following an arrest in his hometown of Valdosta, Georgia. From there he made his way to Division II Valdosta State where just days prior to the season kicking off, Reid tore his ACL.
After nearly 6 months away from the game, Reid is rehabbing his image and knee at Athletes Edge in Boca Raton and has is eyes set on April's NFL draft.
To hear from Reid click on the video attached to this story.
Manti Te'o Release via ESPN
"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online. We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her.
"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating.
"It further pains me that the grief I felt and the sympathies expressed to me at the time of my grandmother's death in September were in any way deepened by what I believed to be another significant loss in my life.
"I am enormously grateful for the support of my family, friends and Notre Dame fans throughout this year. To think that I shared with them my happiness about my relationship and details that I thought to be true about her just makes me sick. I hope that people can understand how trying and confusing this whole experience has been.
"In retrospect, I obviously should have been much more cautious. If anything good comes of this, I hope it is that others will be far more guarded when they engage with people online than I was.
"Fortunately, I have many wonderful things in my life, and I'm looking forward to putting this painful experience behind me as I focus on preparing for the NFL Draft."
Notre Dame Statement: Manti Te’o
On Dec. 26, Notre Dame coaches were informed by Manti Te’o and his parents that Manti had been the victim of what appears to be a hoax in which someone using the fictitious name Lennay Kekua apparently ingratiated herself with Manti and then conspired with others to lead him to believe she had tragically died of leukemia. The University immediately initiated an investigation to assist Manti and his family in discovering the motive for and nature of this hoax. While the proper authorities will continue to investigate this troubling matter, this appears to be, at a minimum, a sad and very cruel deception to entertain its perpetrators.
University Spokesman | Assistant Vice President