Missouri men’s basketball coach Frank Haith said Monday afternoon he has yet to hear from the NCAA on their investigation which will move forward, following their own internal investigation into the way the organization handled some of its fact finding in relation to the University of Miami.
“The point of the exercise of cleaning the evidence in this case … was aimed at making sure anything that goes forward in the process doesn’t in fact rely on anything that’s inappropriate,” NCAA president Mark Emmert said. “It’ll be up to the committee on infractions … to determine the validity of the arguments put in front of them.
The NCAA released its findings which said in part, “Select NCAA enforcement staff acted contrary to internal protocols, legal counsel and the membership’s understanding about the limits of its investigative powers in the University of Miami case, according to the external Enforcement Review Report.”
Kenneth L. Wainstein, a partner with the law firm of Cadwalader, Wickersham & Taft LLP, conducted the review at the direction of NCAA President Mark Emmert following his January 23 announcement of conduct issues within the enforcement program.
What the investigation found was that enforcement staff members:
–Knowingly circumvented legal advice to engage Nevin Shapiro’s criminal defense attorney.
–Violated the internal NCAA policy of legal counsel only being retained and monitored by the legal staff.
–Paid insufficient attention to the concern that engaging the criminal defense attorney could constitute an inappropriate manipulation of the bankruptcy process.
–Did not sufficiently consider the membership’s understanding about the limits of the enforcement staff’s investigative powers.
–Did not violate a specific bylaw or law.