After an investigation that lasted through two entire football seasons, Miami received its notice of allegations from the NCAA. The notice reportedly accuses the school of having a "lack of institutional control" for not monitoring the conduct of a booster, convicted Ponzi schemer Nevin Shapiro, who provided thousands of dollars in cash, gifts and other items to football and men's basketball players.
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Miami's response echoed the tone of Donna Shalala's statement earlier this week, where the school's president called for no further penalties beyond those already self-imposed. Shalala explained that the "lengthy and already flawed investigation has demonstrated a disappointing pattern of unprofessional and unethical behavior" by the NCAA.
"Many of the charges brought forth are based on the word of a man who made a fortune by lying," Shalala wrote after receiving the Notice of Allegations. "The NCAA enforcement staff acknowledged to the University that if Nevin Shapiro, a convicted con man, said something more than once, it considered the allegation 'corroborated' - an argument which is both ludicrous and counter to legal practice."
Miami has begun the process of crafting its response to the Notice of Allegations, which will be completed within the next 90 days. The school will likely challenge many aspects of the investigation, as Shalala reiterated that "we have suffered enough" in her statement.
Many of the recent high profile NCAA investigations have resulted in a "failure to monitor" charge from the NCAA. North Carolina and Ohio State were both slapped with the failure to monitor charge and received a one-year postseason ban, along with scholarship reductions and other penalties.
Miami has already self-imposed postseason bans due to the NCAA investigation. It is difficult to predict how the Hurricanes' case will (or won't) be altered by the NCAA's own transgressions, but we have assembled a list of prominent NCAA cases from the last two decades that involved a "lack of institutional control" charge.
TEXAS SOUTHERN (Public Report - Oct. 9, 2012)
The Charges: The Committee on Infractions said it found a lack of institutional control and outlined problems spanning 13 sports over a seven-year period, including booster-related recruiting violations, academic improprieties, the use of ineligible athletes and exceeding scholarship limits.
The Penalties: Because of Texas Southern's status as a repeat violator, the committee claimed they were close to imposing the so-called "death penalty." Instead, the football team was banned from postseason play in 2013 and 2014, while the basketball team will not participate in the 2013-14 SWAC tournament and is ineligible for the NCAA tournament.
CENTRAL FLORIDA (Public Report - July 31, 2012)
The Charges: The involvement of outside parties in the men's basketball and football programs resulted in a plethora of NCAA violations. The official collection included impermissible recruiting activity by outside parties; impermissible benefits to prospective student-athletes and student-athletes; impermissible recruiting inducement attempted arrangement for employment; unethical conduct; failure to monitor and lack of institutional control.
The Penalties: Five years of probation; postseason ban in football and men's basketball; scholarship reductions in both sports for three academic years; vacation of men's basketball wins; reduction of official recruiting visits in both sports; three-year show-cause for the former athletic director; one year show-cause for the former assistant football coach. The school also received a financial penalty and must send adhere to annual compliance reporting.
SOUTHERN CALIFORNIA (Public Report - June 10, 2010)
The Charges: The committee issued the lack of institutional control charge on the Trojans after the school failed to report violations in the football, men's basketball, and women's tennis program. These allegations were famously tied to a certain Heisman Trophy winner* and star basketball player who attended the school during the 2007-08 academic year.
The Penalties: Four years of probation; two-year postseason ban in football; vacation of all wins in where a student-athlete in violation of NCAA rules competed in all three sports; limited initial grants-in-aid in football to 15 and to 75 total for 2011-12, 2012-13 and 2013-14 academic years; limited initial grants-in-aid in men's basketball to 12 for the 2009-10 and 2010-11 academic years; as well as a financial penalty of more than $200,000 -- repaid to the Pac-10 conference.
GEORGIA TECH (Public Report Nov. 17, 2005)
The Charges: Violations of ineligible participation and a lack of institutional control were issued after academic advisors and the registrar improperly certifyied 17 student-athletes as eligible for competition. The charges spanned six years and involved football, cross country (men's and women's), track (men's and women's, both indoor and outdoor), and swimming (men's and women's).
The Penalties: There was a loss of grants-in-aid in all affected sports for two academic years, as well as the vacation of all wins involving the ineligible student-athletes. There was also a two-year probation issued to the school, but no postseason bans in any sports.
BAYLOR (Public Report June 23, 2005)
The Charges: The second major infractions case in the Baylor men's basketball program was accompanied with tragedy, as the rampant violations under then-coach Dave Bliss came to light after the murder of men's basketball player Patrick Dennehy. The final tally of charges included impermissible benefits; impermissible inducements; impermissible financial assistance to prospective student-athletes; failing to follow procedures for reporting banned drug use; impermissible tryout; impermissible contact; unethical conduct for the former head coach and three former assistant coaches; academic fraud and, last but definitely not least, lack of institutional control.
The Penalties: Five years of probation; the limitation of men's basketball games to just Big 12 competition for one season, severe scholarship reductions and recruiting restrictions, reduction of exhibition games allowed; a 10-year show-cause for former coach Dave Bliss; a seven-year show cause for one of the former assistant coaches and the other two former assistant coaches received a five-year show cause.
CALIFORNIA (Public Report June 26, 2002)
The Charges: Cal's football program came under fire for a series of violations from 1997-2001. Players retroactively added classes and took part in academic fraud, while others were found guilty of accepting impermissible benefits for lodging. In total the charges from the NCAA were unethical conduct; academic fraud; academic ineligibility; failure to withhold ineligible student-athletes from competition; impermissible extra benefits; recruiting inducements and lack of institutional control.
The Penalties: Five years of probation; post-season ban for the 2002 season; the loss of nine grants-in-aid from 2002-03 through 2005-06; vacation of records from the 1999 season.
KENTUCKY (Public Report Jan. 31, 2002)
The Charges: Kentucky football was severely penalized for the rampant violations that occurred (mostly) under the direction of Claude Bassett, recruiting coordinator for Hal Mumme. The school conducted most of the investigation themselves, but the NCAA followed up with official charges of recruiting inducements for prospective student-athletes and high-school coaches; impermissible tryout; unethical conduct; academic fraud; falsification of recruiting records; institutional control of recruiting funds; failure to control salary of employee; violation of supplemental pay provision; failure in fiscal control of outside agency; failure to monitor and a lack of institutional control.
The Penalties: The NCAA handed down three years of probation, postseason ban for the 2002 season, scholarship reductions, and Basett was issued an eight-year show-cause. Kentucky also faced tougher restrictions for how booster club accounts could be handled in the future.
MIAMI (Public Report Dec. 1, 1995)
The Charges: Until Nevin Shapiro entered the picture, "Miami's NCAA case" referred to this major investigation that involved the falsification of Pell Grant applications. With the assistance of an academic advisor, $212,969 of extra benefits were generated for student athletes; most of them football players. The NCAA also found that Miami awarded more than $412,000 in excessive aid as a result of improperly calculating off-campus room and board stipends. The athletic department was also charged with failing to follow drug-testing policy, unethical conduct, and lack of institutional control.
The Penalties: The athletic department was placed on probation for three years, and scholarship reductions were issued for football, women's golf, baseball, and men's tennis. The football team also received a one-year postseason ban for the 1995 season.
MISSISSIPPI (Public Report Nov. 17, 1994)
The Charges: In 1986, Ole Miss received a two-year ban from television appearances and the postseason as a result of major violations. However that penalty was reduced to one year due to the cooperation of university administration. That explains the extra bite from the Committee on Infractions when the school was again found guilty of similar violations six years later. The charges included impermissible recruiting, extra benefits, unethical conduct, and lack of institutional control.
The Penalties: The charges and penalties were upheld on appeal, leaving the football program with four years of probation, a two-year ban from postseason play, scholarship reductions, and a television ban for the 1995 season.
TEXAS A&M (Public Report Jan. 5, 1994)
The Charges: If you want to read a frustrated NCAA Committee on Infractions, check out the Texas A&M report. The football and men's basketball program were penalized three different times between 1988-1994, with both teams taking a postseason ban individually before the "repeat violator" tag was added in 1994. The football program, specifically, was found guilty of paying student-athletes, providing financial aid to prospective student-athletes and extra benefits to current student-athletes.
The Penalties: Five years of probation, a postseason ban and television ban for the football team during the 1994 season, an extensive educational program for the athletics staff and alumni, as well as a requirement that Texas A&M receive a recertification of compliance from the NCAA.
The Charges: If you think the Miami case has been drawn out, the NCAA worked on its case against UNLV for nearly half of a decade. The Running Rebels' basketball program had been suspected of committing NCAA violations since 1987, but it was not until Fall 1993 when the Committee on Infractions charged the school with impermissible recruiting, extra benefits, and lack of institutional control.
The Penalties: Severe recruiting restrictions that included the loss of one grant-in-aid for two years and a rule that only allowed one coach to recruit off-campus at a time for all of 1994. There was also a television ban for nonconference away games, and UNLV was only allowed to schedule conference games at home for the 1994-95 season.
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