The Back Alley Archives

Not a good day for the NCAA. The enforcement program, the hired guns responsible for investigating and recommending penalties for NCAA infractions, has come under its own scrutiny. The probe into the University of Miami booster scandal has been put on hold today, as president Mark Emmert announced a number of problems with the investigation. Most notably: Nevin Shapiro's attorney was paid by the NCAA to obtain documents that they weren't legally allowed to have. Improper conduct all around!

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In a teleconference with reporters today, Emmert revealed that investigators had relied on information gathered from Shapiro's bankruptcy proceedings—something the NCAA isn't supposed to have access to.

The information was obtained through Shapiro's defense attorney, who was on the NCAA's payroll. Curiously, Emmert said that nobody in Indianapolis had approved the attorney's hire, and the payouts were only discovered when a bill showed up months later.

With the NCAA set to release an external report detailing an abuse of power in its investigation into the University of Miami, Yahoo! Sports has learned the association has moved to fire its vice president of enforcement, Julie Roe Lach.


Multiple sources familiar with the external investigation said Roe Lach’s dismissal stems from her approving an improper financial relationship between an NCAA investigator and an attorney of former Miami booster Nevin Shapiro.

The NCAA fucked up its investigation of Miami in oh so many ways. But the single largest fuck-up, the one that required a timeout in the case for an outside investigation of its practices, was the NCAA paying the lawyer of imprisoned booster Nevin Shapiro to help them gather evidence. The independent probe found that the NCAA had fired the offending investigator, and that everything gathered by his successor was legitimate. Well, here's something the probe conveniently left out: the NCAA's second investigator on the case tried to use the exact same tactics.

So the NCAA's "comprehensive" and "independent" investigation was aware of continuing ethical lapses, but just chose not to include it. And they left it out because no one at the NCAA bothered to tell its new Miami investigator that the old one's methods were crooked, and that apparently makes the NCAA blameless.

With his college eligibility in question, University of Miami defensive end Dyron Dye has brought his issues with the NCAA to the Coral Gables Police Department.

Dye and his attorney, Darren Heitner, on Friday filed an incident report in which Dye alleges being “coerced” by former NCAA investigator Rich Johanningmeier to provide answers that would aid the NCAA’s attempts to confirm incriminating information in its investigation of the UM athletic department and convicted Ponzi schemer Nevin Shapiro.

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According to the incident report, which was obtained by The Miami Herald, Heitner said Dye met with Johanningmeier — who is now retired — in August 2011 and then met with him a second time, later that day, at the NCAA’s request.

In the report, Heitner said that “prior to the start of the second interview, Mr. Johanningmeier coerced Mr. Dye into providing favorable answers for his investigation.”

Dye, according to Heitner, “did not recall specifics of what Mr. Johanningmeier was asking. Mr. Dye stated that he felt intimidated by Mr. Johanningmeier.”

Heitner said Johanningmeier “threatened Mr. Dye’s football eligibility if he did not cooperate during the interview.”

The NCAA met with Dye for a third time last week to try to resolve inconsistencies between what he said in his second interview with the NCAA in 2011 and what he said in an affidavit that Dye wrote on behalf of Carol City High and former UM assistant coach Aubrey Hill, who has been charged with unethical conduct by the NCAA.

The NCAA could decide to accuse Dye of an unethical conduct violation, which could result in him being suspended or ruled ineligible.

A full list of penalties, including those self-imposed by the university and by a coach’s current employing university can be found in the public report. Penalties in this case include:


Public reprimand and censure.
Three years of probation from October 22, 2013, through October 21, 2016.


Former assistant football coach B (as identified in the public report) penalties:


A two-year show-cause order from October 22, 2013 through October 21, 2015. The public report contains further details.
The committee also adopted penalties imposed by the coach’s current employing university, which are detailed in the public report.
Former assistant football coach C (as identified in the public report) penalties:


A two-year show-cause order from October 22, 2013, through October 21, 2015. The public report contains further details.
Former head men’s basketball coach penalties:


A suspension for the first five regular-season games of the 2013-14 season.
Attendance at one NCAA Regional Rules seminar at the conclusion of the 2013-14 academic year.
Former assistant men’s basketball coach B (as identified in the public report) penalties:


A two-year show-cause order from October 22, 2013, through October 21, 2015. The public report contains further details.
Football program penalties


Reduction of football scholarship by a combined total of nine during the 2014-15, 2015-16 and 2016-17 seasons.
Miami may only provide a prospect on unofficial visits complementary tickets for one home game during the 2014-15 and 2015-16 seasons.


Self-imposed by the university:
Two year bowl ban following the 2011 and 2012 seasons, including the 2012 ACC Championship game.
Reduction of official paid visits for 2012-13 by 20 percent to a total of 36 visits.
Reduction of fall evaluations in 2012-13 by six (from 42 to 36).
Reduction of available contact days during the 2012-13 contact period by 20 percent.


Men’s basketball program penalties


Reduction in the number of men’s basketball scholarships by one during the each of the 2014-15, 2015-16 and 2016-17 seasons.
Additional penalties


For all sports, any staff member who sends an impermissible text to a prospect will be fined a minimum of $100 per message, and coaches will be suspended from all recruiting activities for seven days.
Further penalties resulting from impermissible texts and phone calls are detailed in the public report.