Inside Higher ED --- NCAA does not have subpoena power and thus lacks the authority to compel testimony under oath, Emmert said, meaning the Miami investigation turned up evidence that shouldn’t have been accessible. Further, whoever hired Shapiro’s lawyer apparently did not have clearance to do so, because Emmert said the decision did not go through the NCAA’s general counsel as procedure requires.
Reminding everyone of his own demands of athletic programs to show integrity, Emmert expressed his disgust with the conduct of his own staff, two of whom are no longer employed there.
“I’ve certainly never seen anything like this, and I don’t want to see it again,” Emmert said, adding that the conduct was “deeply disturbing” and he felt “deeply disappointed and frustrated and even angry.”
These new developments could be good news for Miami, however, which was widely expected to face harsh punishment from the NCAA. Emmert said that whatever evidence was obtained through the lawyer (a “small portion” of all the evidence that’s been gathered, he said) will be thrown out, and the investigation of Miami will not be extended or redone. The investigation of the enforcement division, to be conducted by an external law firm, will apply to “the current issue” of the Miami case as well as the enforcement’s overall policies and practices The NCAA will not deliver Miami’s notice of allegations -- the document that contains its formal charges -- until after the law firm has completed its work, which Emmert hopes happens in one to two weeks.
Let the federal government take over the NCAA’s regulatory process, writes John Infante, NCAA expert for the athletic recruiting website Athnet and author of the Bylaw Blog: “There is really only one organization that can enforce the NCAA’s rules substantially better than the NCAA. There is also only one organization that can force institutions to go along with an expanded enforcement program. Luckily, it is the same organization: the federal government.”What do you think?