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The NCAA is about to get real on Miami. This will not be pleasant for that program and one has to wonder if it will survive the wrath that is coming.
"Touch that thang four" - Courtney Upshaw
Here's my question:
We've observed that the NCAA doesn't carry out its enforcement in the same way our legal system does, and the NCAA lacks subpoena power.
Therefore, they also lack power to punsh perjury.
So...what's to stop anyone interviewed from just lying to them? Just deny everything. It's not like the NCAA can punish them. These aren't sworn legal affadavits. They're interviews to gather information.
The person interviewed would not necessarily know what other proof the NCAA had about their particular involvement. I can imagine the interview going down like this. "We appreciate you meeting with us and we only want the truth to resolve this matter. I have to tell you that we have many sources of information, and if your information is proved to be false by other solid evidence, we will use the fact you were not candid with your information to make the penalties for Miami far worse than if you had provided honest information".
You're right, nothing to really lose individually once a player's eligibility is up and if he has no plans to coach or pursue a career associated with the NCAA.
The school will get hit with the punishment. I'm guessing the degree of that punishment can be mitigated with cooperation, and that would be the only reason for ex players to do the interviews.
In most situations, though, the NCAA is only able to gather "solid evidence" through confessions of those involved.
If they had receipts, videotapes, etc., they wouldn't be so adamant about the NEED for interviews to complete their case. The fact that they're sending letters threatening anyone who doesn't cooperate shows they don't have much right now. They may think something is there, but they wouldn't be shaking trees this hard if they didn't lack hard evidence.
This is what programs like Auburn have figured out. You don't play nice with the NCAA. You organize your folks and make sure they all know what lies they're telling. And then you extend a middle finger to the NCAA and tell them if they have something, come and get you. Most importantly, though, you say as little publicly and privately as is humanly possible.
Miami is probably dirty as sin. But at this point they have the admission of guilt from a known felon and otherwise untrustworthy slimeball. Beyond that, if every player they interview says "I barely knew Shapiro, we never spent time together, and I never got anything other than what was allowed" the NCAA has nothing more to go on than they already have, which isn't enough to apparently do to Miami what they'd like to do.
You can bet if they bury Miami simply because former players won't speak to them, Miami will sue them into the Stone Age. Same as Auburn threatened with Cam. There's a reason Auburn ran up hundreds of thousands of dollars in lawyer billings during Cam-gate. They brought big lumber, even though they were guilty as hell, and the NCAA cowered.
Seems like they are itching to make an example of them. Going to get a lot worse before it gets better in Miami.
Follow me on twitter @TrevorHewettBOL. https://twitter.com/#!/TrevorHewettBOL
On Alabama: CeCe Jefferson - "It was a bunch of beautiful women..." Reggie Ragland - "oh the females of course..."
I think them not playing nice with the NCAA is the reason you are seeing this. When you cold shoulder them they can and it appears will use it against you. People forget this is not a court of law.
1984 300ZX Anniversary Model, 1970 Olds 442 W-30 & Pepper Bird
Excellent points. Everyone is assuming the former players won't talk to the NCAA because they are hiding something. Is that true? probably. But maybe the players are not taking the NCAA serious because they don't have to. Or maybe other reasons.
Once again, no consistency being used by the NCAA. Why are they not doing this with other cases? If this was happening here, many of you would see this differently.
This post was edited by samp21 17 months ago
Lawsuits against the NCAA by a school ( not and individual) would be stupid and would open up exactly what the NCAA wants. Subpoena power. Because of the $$$$$ involved the NCAA with help from Slive didn't call the barn's bluff. A lawsuit is what nailed USCw. I'm no lawyer. I have stayed in a Holiday Inn Express, but I have not played a lawyer in a movie.
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