For two years, University of Miami president Donna Shalala kept mum on the NCAA’s investigation of the Hurricanes’ football and basketball programs.
Remaining quiet on pending probes is required by the NCAA. Institutions that don’t abide are branded as not ‘fully cooperating” and potentially subject to harsher penalties.
But last week, Shalala removed the muzzle. In a pair of statements, Shalala lashed out, calling the NCAA’s conduct in the UM case involving alleged improper benefits received by players from former booster Nevin Shapiro “unprofessional and unethical” and accusing the governing body of being “responsible for damaging leaks of unsubstantiated information.”
“We have been wronged in this investigation,” said Shalala, adding that her athletic department should face no further sanctions other than those already self-imposed.
The change in strategy drew big cheers from UM fans, many of whom believed the Hurricanes would never get a fair shake from the NCAA. And that was before NCAA President Mark Emmert admitted last month that his enforcement staff had acted unethically while investigating claims by Shapiro — who is serving 20 years in prison for running a Ponzi scheme.
“I’m 100 percent behind President Shalala in fighting back,” said Neil Frank, the former president of the Broward County Hurricane Club. “I wasn’t expecting it, but I’m thrilled that she did. Finally, it seems like the ‘U’ is going to be on the offensive here. It’s fine to cooperate, but in the end, it doesn’t make any difference with the NCAA.”
But what feels good may not be good for you.
Shalala’s words could come back to haunt UM at its appearance before the NCAA’s Committee on Infractions, which will likely take place in June. While the NCAA declined comment last week on Shalala’s harsh rebuke, it certainly was heard loud and clear.
‘A preemptive strike’
David Ridpath, a former compliance director at Marshall University and an outspoken critic of the NCAA, said Shalala was taking a calculated gamble by going public with her criticism instead of voicing it behind closed doors.
“Traditionally, you never see this,” said Ridpath, an assistant professor at Ohio University and author of, ‘Tainted Glory: Marshall University, The NCAA, and One Man’s Fight for Justice.’ “She’s making a preemptive strike, largely because this investigation has been botched from the beginning.
“I don’t blame her. She’s holding a strong hand right now. She’s almost daring the infractions committee to impose more (sanctions). It’s a bit of a risk. But in this situation, probably a risk that she should take because the way things have gone, somebody has to speak up.”
How Shalala’s new approach plays with the infractions committee is anyone’s guess. But, judging by social media sites and sports-talk radio, it’s been a big hit among UM fans and students.
Chris Wittyngham, a UM junior and the sports director at WVUM (90.5 FM), said Shalala’s pointed response to the NCAA “bolstered her reputation” among students, some of whom felt Miami’s administration was taking a “submissive tone” in the investigation.
“I think there’s big support for Donna Shalala,’ said Wittyngham, from Pembroke Pines. “It’s universal applause for being aggressive and showing publicly that we’re not just going to lie down and take the (allegations). They’re going to fight it.”
Shalala’s detractors certainly remain. WQAM (560 AM) host and former UM player Dan Sileo has been passionately critical of Shalala’s stewardship of the athletic department and, specifically, her not challenging the NCAA’s investigative tactics earlier.
Alonzo Highsmith, the former UM standout whose son A.J. is a senior safety for the Hurricanes, is the the same camp judging by this message on his Twitter account last week: “I bet leaders at Miami feel like some (dummies) for not fighting and taking a stand against the NCAA! Gotta have some (guts) or die trying.”
But Ridpath thinks that Shalala, 72, who served for eight years as Secretary of Health and Human Services under Bill Clinton, may end up getting the last laugh.
Ridpath said Shalala’s comments could be an indication she’s “positioning” to sue the NCAA if the infractions committee imposes further penalties. Or maybe, Ridpath said, Shalala may take it up a notch.
“Let’s be honest, with a couple of phone calls, Donna Shalala could drag their butts up to Capitol Hill,” said Ridpath. “And I don’t know that the committee on infractions is going to want to challenge that.”
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