In a sudden turn of events, the NCAA has suspended its investigation into alleged improprieties of coaches and student-athletes tied to former University of Miami booster Nevin Shapiro, just days after announcing it was making significant progress. NCAA President Mark Emmert has also ordered an external investigation of the conduct of staff enforcement investigators following the discovery of their alleged improper conduct.

Emmert disclosed that members of the NCAA’s enforcement staff worked with the criminal defense attorney representing Shapiro to  obtain information improperly from depositions taken in Shapiro’s bankruptcy proceeding. This information would not have been otherwise accessible to  NCAA investigators as the bankruptcy proceeding did not involve the NCAA. Emmert described the actions of the NCAA’s investigators as “grossly inappropriate” and described the situation as a “shocking affair.”

According to the NCAA, the association with Shapiro’s attorney was not authorized. Acknowledging their lack of subpoena power and inability to use testimony from any proceeding occurring outside of its own enforcement mechanisms, the NCAA stated that its General Counsel had informed the enforcement staff that they could not use any information obtained from the Shapiro depositions on at least two prior occasions.

In light of this incident, Emmert has commissioned an external investigation and review of the NCAA’s enforcement program. He announced that the investigation and review will include a thorough examination of the overall enforcement environment to ensure that the operation of the program is consistent with the NCAA’s essential principles of integrity and accountability.

In  announcing that the NCAA will not move forward with the issuance of any Notice of Allegations in the Miami investigation at this time, Emmert said, “To say the least, I am angered and saddened by this situation. Trust and credibility are essential to our regulatory tasks.” He concluded, “My initial intent is to ensure our investigatory functions operate with integrity and are fair and consistent with our member schools, athletic staff and most importantly, our student athletes”.

 

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.