A significant chunk of information gathered in the NCAA?s investigation of the University of Miami has been eliminated from the record because of the NCAA?s missteps in the process.
An attorney who was part of the outside review of the NCAA over the past month said Monday that about 20 percent of the case has been expunged in light of the NCAA?s improper tactics in collecting evidence.
?They went overboard to omit or extract things if there was a close call,? said Kenneth Wainstein, a partner with Cadwalader, Wickersham & Taft. ?There?s a significant amount no longer in the record.?
Mizzou coach Frank Haith is awaiting word on whether he will face allegations stemming from his days at Miami. Former Miami booster Nevin Shapiro has alleged that Haith was aware of a payment made to a prospective player. Haith said he has not received any updates from the NCAA.
Wainstein said his firm?s review of the NCAA revealed several improper decisions related to the payment of Shapiro?s attorney to gain information from depositions in a bankruptcy case.
A 52-page report revealed that some members of the NCAA enforcement staff disregarded legal advice and proceeded with plans to work with Shapiro?s attorney. NCAA President Mark Emmert said all information gleaned from the depositions has been reviewed and removed from consideration of allegations.
?We now have confidence in our data to move forward with the Miami investigation,? Emmert said without providing a timeline for release of the notice of allegations.
The NCAA noted problems with the case in October 2012. Cadwalader, Wickersham & Taft followed with its own review of the Miami investigation to assure that all improperly collected information was removed.
Former Miami equipment staff member Sean Allen was one of two people interviewed by Shapiro?s attorney, Maria Elena Perez, in exchange for $20,000 from the NCAA. All statements by Allen have been excluded.
Subsequently, 13 interviews that were conducted as a result of Allen?s deposition where eliminated. Portions of 12 other interviews that made reference to interviews with Allen also were eliminated.
It remains unclear whether any of the information dealt with Haith.
?By excluding the use of the information ? the Enforcement Staff significantly revised the potential allegations in the U. Miami Investigation Record,? the report read.
When Ameen Najjar, the NCAA?s former director of enforcement, proposed the relationship with Perez, he was advised not to proceed by Naima Stevenson, deputy general counsel of the NCAA.
Part of her email response concluded: ?Any information obtained through such a manner for use in the NCAA process would be subject to significant scrutiny to the extent any decisions were based on that information if those decisions were to be subsequently challenged.?
In the days before the NCAA disclosed problems with the investigation in January, a report surfaced that Haith would be charged with unethical conduct. But it is unclear whether the report stemmed from evidence that has been tossed out.
Wainstein said his firm?s review of the NCAA did not reveal that any laws had been broken. However, the enforcement staff did disregard legal advice from within the NCAA and internal policies were violated.
?This is an outcome that nobody wants to see on their watch,? Emmert said. ?This is something that is an embarrassment to the association and our staff.?
He added, ?If the executive committee feels disciplinary action against me needs to be taken, I?m sure they will.?
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