Monday, February 18, 2013
NCAA report details missteps in Miami case
By Heather Dinich
The NCAA on Monday announced the findings of the Enforcement Review Report regarding its investigation into the Miami case.
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.
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.
Andrea Adelson and Heather Dinich will have more on this for you, so check back.