NCAA expected to rule in Rodriguez's favor when report is issued Thursday
Michigan athletic director Dave Brandon, right, university president Mary Sue Coleman and football coach Rich Rodriguez received the NCAA findings on Wednesday, sources say.
Results of the NCAA investigation into the University of Michigan’s football program were delivered to the school Wednesday, and university officials are pleased with the ruling, a source told AnnArbor.com.
The findings are expected to rule in favor of coach Rich Rodriguez’s contention that he did not fail to promote an atmosphere of compliance in his program, the one NCAA allegation the university challenged, ESPN reported. The Associated Press reported that the allegation was "dropped."
A variety of news organizations reported similar news Wednesday night, all based on sources that requested anonymity because they were not authorized to talk until after the report is released.
“The NCAA does not confirm the timing of announcements until the day of the release,” NCAA spokeswoman Stacey Osburn said.
Michigan spokesman Dave Ablauf also declined to comment on either the specifics of the report or if the university officials received it. Other university officials referred reporters to Ablauf for information.
Rodriguez’s agent and his attorney could not be reached for comment.
The NCAA accused Michigan of five major violations. The university agreed with the NCAA on four counts, but not on the allegation against Rodriguez.
The university issued a number of self-imposed penalties in May in advance of an August meeting with the NCAA’s infractions committee.
The head of that committee generally holds a teleconference with reporters the day after the university receives the report, Michael Buckner, an attorney who works with universities in NCAA cases, said.
“There is a very specific process in place for notification about the penalties assessed. The day before the release, the school and any involved individuals receive a copy of the infractions report,” Buckner said. “The morning of the release, NCAA public and media relations staff alert the media of the upcoming release. The chair of the Committee on Infractions hosts a telephone press conference to announce the results of the committee decision—normally during the afternoon. A public infractions report is released but specific names are not included.”
According to invoices from the law firm Lightfoot, Franklin and White released as part of an open-records request, Michigan has paid $641,133 in legal fees and other expenses since contracting attorney Gene Marsh and others to handle its internal investigation last September.
The payments are for services rendered through Aug. 31.
University of Michigan officials said that Veritas Insurance Company, under the university’s Educators Legal Liability coverage, has paid all invoices.
University spokeswoman Kelly Cunningham said the costs "were in line with our expectations.”
The investigation began in August 2009 after the Detroit Free Press alleged Michigan exceeded its allowable practice hours per week during Rodriguez’s tenure at Michigan.
The NCAA interviewed, according to Rodriguez, “40-some players and 20-some staff members” during its subsequent investigation.
Michigan received its Notice of Allegations from the NCAA in February, when the organization accused the football program of five major violations.
• Quality control staffers “regularly monitored” voluntary workouts in the winter and summer and helped with coaching duties from 2008-09.
• Football players were required to practice more than the time allowed by the NCAA per week. The overage time lasted anywhere from 20 minutes to two hours.
• Alex Herron, then a graduate assistant at Michigan, lied to the NCAA staff when interviewed for the investigation about whether or not he monitored summer workouts.
• Rodriguez “failed to promote an atmosphere of compliance within the football program and failed to adequately monitor the duties and activities” of the quality control staff.
• The Michigan athletic department “failed to adequately monitor its football program” to make sure it was NCAA compliant.
The school, in its 79-page response to the violations in May, agreed with the NCAA on four of the counts - all except Rodriguez’s failure to comply accusation.
In its response, Michigan placed itself on probation for two years. It also took away 130 hours of practice time, which was double the 65 overage hours the NCAA alleged from Jan. 2008-Sept. 2009. The loss of practice hours began in June and will run through 2011-12.
Michigan changed its quality control assistants to staff interns, restricted practice attendance for them this year and barred them from game-day participation like road travel and being on the field during home games. The program also cut the amount of staff interns from five to three for this year and next year.
Michigan fired Herron on March 6. He later appeared at the NCAA Committee on Infractions hearing at the Westin in Seattle in August.
The school handed out reprimand letters to Rodriguez, director of strength and conditioning Mike Barwis; assistant athletic director for football Scott Draper, senior associate athletic director Joe Parker, associate athletic director for compliance Judy Van Horn, assistant athletic director for compliance Ann Vollano and director of then-football operations Brad Labadie. Labadie left Michigan in July for a job in the private sector.
The school also altered the way it handles compliance reports and how it monitors countable athletic hours.
Rodriguez also compiled his own 89-page response where he defended himself against the accusation of failing to promote an atmosphere of compliance. In his response, Rodriguez did admit violations occurred and “he could have done a better job of monitoring the activities of some members of his staff.”
In August, Rodriguez, Michigan athletic director Dave Brandon, university President Mary Sue Coleman and others went before the NCAA Committee on Infractions in Grand I Ballroom at the Westin in Seattle on Aug. 14.
The school presented its case at the seven-and-a-half hour hearing - including three breaks - and when it ended Brandon said he felt Michigan “had a fair and thorough hearing, and we feel good about the fact that we were given that opportunity.”
David Jesse covers higher education for AnnArbor.com. He can be reached at davidjesse@annarbor.com or at 734-623-2534.
Comments
True_Wolverine_Fan
Thu, Nov 4, 2010 : 3:30 p.m.
@lumberg Read the report the University of Michigan released... I dare ya
lumberg48108
Thu, Nov 4, 2010 : 2:14 p.m.
QUOTE THE AD @truebluefan and all others in denial and blaming the Freep "Probation is certainly not a fun thing, but we believe it is appropriate," Brandon said at the time. "We believe it's the right medicine, the right penalty." he admitted they were at fault and accepted the penalties... END OF STORY
truebluefan
Thu, Nov 4, 2010 : 1:48 p.m.
I cannot wait for the day when a universally esteemed coaches gets shaken down for exceeding practice time limits. All it takes is an opportunistic (read $$) journalist or two, a few exaggerations, a few anonymous comments from "insiders", a few lies and a front page story. It's going to happen, as sure as I am here typing this comment.
umgoblue47
Thu, Nov 4, 2010 : 12:53 p.m.
it's ok for the dead to break copyright law's... it only applies to the living and some that feal there exempt... GO BLUE...
True_Wolverine_Fan
Thu, Nov 4, 2010 : 12:36 p.m.
Let's be very clear... 90% of the overages in practice were because quality control staffers were present for stretching (they wanted to make sure the stretching was done correctly so that injuries could be prevented). TO quote the University of Michigan report on these violations: "We are convinced that the media reports were grossly exaggerated if not flatly incorrect."
saginaw
Thu, Nov 4, 2010 : 11:46 a.m.
Michigan is playing this entire violations game very well. We should be careful what we ask for, as we might get it. Is it possible that RR will be another Bo Schembechler and stay on for 20 years? Is that what we want at Michigan?
Buster W.
Thu, Nov 4, 2010 : 11:39 a.m.
Non-compliance or not...it's time for RR to go.
ThoseWhoStayUofM
Thu, Nov 4, 2010 : 10:43 a.m.
"staff members attending voluntary workouts, "no big deal". Are you kidding me? This has brought on ncaa sanctions, moron." ~rightmind250 How Ironic of you to say that! You are committing the most obvious logical fallacy in the book - circular reasoning. This is a big deal because it's against the rules. It's against the rules because it's a big deal. By your logic, any rule breaking is a big deal. Suppose NCAA made a rule that coaches can't wear leather shoes on the sidelines. Rich Rod wore leather shoes on the sidelines. Therefore, wearing leather shoes on the sidelines is a BIG DEAL when, in fact, it is completely irrelevant to football. Yes, perhaps it's a big deal to the NCAA but as an individual with a fully functioning MIND (the irony... realmind250), I can conclude that having a staff member watch athletes at voluntary practices is not a big deal. I presume the majority of schools in the country do this from time to time and the NCAA does nothing because even THEY know it isn't a big deal. The only reason the NCAA investigated this at Michigan is because they were forced to by the national attention the Detroit Free Press induced by writing a bogus article that amplified and outright lied about what actually happened.
Ethics Advocate
Thu, Nov 4, 2010 : 10:23 a.m.
Dropping the charge that U-M opposed is an early example of what a great professional athletic director we now have, Dave Brandon. He did not protest the four charges that he thought had some basis and self imposed the penalties, whether or not the charges were significant. He was the best Regent I've watched since 1975; and when he leaves his current position, which I hope is at least a decade from now, he will be known as our best athletic director since our athletics department had to become independently self-financed.
P U MSU
Thu, Nov 4, 2010 : 10:15 a.m.
The allegations were overstated. Either way the violations occurred. Let's be honest, ALL programs practice too much. At least the good ones. Why were steroids huge in baseball? Because it makes for a better performance. I am not disappointed with the team wanting to get better. The NCAA is so hypocritical. Limiting practice time to "protect" the student-athlete. The NCAA makes million and millions of dollars from college football. Is the BCS what is right for the "student-athlete"? I would argue not. Is not allowing high-profile players reap a benefit from the millions of dollars they bring in? I think not. Fact of the matter is, there is a violation in every good program. Im sorry but it is true. The way these violations came about is most disappointing to me. Disgruntal transfers and graduates who didn't get their way.
Michigan_Jayhawk
Thu, Nov 4, 2010 : 9:28 a.m.
For all you Coach Rod Fans, congratulations. For all the anti Coach Rod Fans, well there is always next year.
ShadowManager
Thu, Nov 4, 2010 : 9:09 a.m.
I don't know how anyone in their right mind (i.e. "not drunk on maize and blue West Virginia-brewed Kool-Aid) can think that there was "nothing to" the original allegations. UM admited to 4 out of 5 and is gonna be under 3 years of indirect probation even though the charges aren't as severe as originally thought. You don't get 3 years of probation for "nothing".
AlwaysLate
Thu, Nov 4, 2010 : 8:58 a.m.
As always...I'm late. But, when I was a kid, we practiced all day until it got dark and our mother's called us for dinner. Now they restrict these elite athletes from practicing? From what I can see every Saturday afternoon, they dont practice enough!
rightmind250
Thu, Nov 4, 2010 : 8:50 a.m.
thoseho's stay, staff members attending voluntary workouts, "no big deal". Are you kidding me? This has brought on ncaa sanctions, moron.
ChelseaBob
Thu, Nov 4, 2010 : 8:29 a.m.
Harbaugh will come. Stanford is a great school, and Jim has a great job there, but he's a Michigan man. How could he pass up the chance to sit in Bo's seat, and lead that team down that tunnel into that stadium? There's a mess to clean up, but he's man enough to do the job, and we'll all owe him a debt of gratitude when he does. Jim Harbaugh, time to come home.
azwolverine
Thu, Nov 4, 2010 : 8:12 a.m.
I guess this means he is truly a great coach!
Brad
Thu, Nov 4, 2010 : 7:21 a.m.
How about "failed to create an atmosphere conducive to winning football games". He's certainly guilty of that.
ThoseWhoStayUofM
Thu, Nov 4, 2010 : 7:19 a.m.
Yes, the school absolutely agreed with four of the five allegations made by the NCAA. However, these offenses are so frequent amongst EVERY college football program that, had the Detroit Free Press not run the story, no one would have batted an eyelash. Let's take a closer look at what the four allegations really are shall we? 1) Some staff members watched and assisted athletes during voluntary workouts. This really isn't that big of a deal and I am sure that every football program in the country has staff members at voluntary workouts. 2) Mandatory practice ran over by 20 minutes - 2 hours longer than permitted. This is over the course of an entire week. That means, 5-10 minutes per day. This is hardly the life-altering drama that the free press wanted us to believe. Again, I'm sure every football program in the country has accidentally dismissed their players 5-10 minutes late. 3) Some grad assistant lied to the NCAA during an interview. Michigan fired him. End of discussion. Who cares? 4) The athletic department somehow allowed the practices to run over on average 5-10 minutes over the course of a week. Am I the only one that doesn't understand the difference between allegation 2 and allegation 4? Isn't 4 implied if 2 is true? At this point we're just splitting hairs. This is how you justify those comments, lumberg48108. Two of the four allegations (namely 3 and 4 on the list) are complete bologna. The most important thing of all is, Rich Rod did nothing wrong. Rich Rod is not to blame for ANY of this. You can make an argument that he didn't monitor his quality control staff well enough, but in my opinion, Rich Rod's job is not to babysit his staff. I realise that a lot of people will argue that Rich Rod is to blame for the practice time running over or the staff members not adhering to the rules, but in reality, accidents happen. Staff members need to be held responsible for their own actions, not the head coach.
Detroitrocks
Thu, Nov 4, 2010 : 6:39 a.m.
Great. Now it will cost Michigan a lot more money when they finally can this clown. Anyone have a running tally on how many millions of dollars was spent on the last three years of football joy? Waiting for tater to tell me how this is the greatest thing ever for Michigan football, and how it was all the media's fault that the once proud UM program is now in the crapper.
3 And Out
Thu, Nov 4, 2010 : 6:21 a.m.
@My Opinion: Any NCAA violation vs. Michigan is a violation of Rich Rod's contract. It is in there and I downloaded it and read it last week. If Michigan is found guilty of ANY violation, then they can void RR's contract without being responsible for paying his buyout... so in other words...it is not over....
True_Wolverine_Fan
Wed, Nov 3, 2010 : 11:50 p.m.
I mean TrueBlueFan
True_Wolverine_Fan
Wed, Nov 3, 2010 : 11:50 p.m.
Thank you Trublue!
truebluefan
Wed, Nov 3, 2010 : 11:13 p.m.
@lumberg -- no, we expect the media to not grossly exaggerate the facts and lie and cause a stir to the point where it forces the hand of the NCAA to investigate. Do you really believe that if the Freep reported the TRUTH in that Michigan went over practice limits by 20 minutes to 2 hours per week that this would've EVER been an issue?
lumberg48108
Wed, Nov 3, 2010 : 10:40 p.m.
@True_Wolverine_Fan were you expecting U-M to state that all media reports are factual? PR 101 is to blame the media what insight you have...
ShadowManager
Wed, Nov 3, 2010 : 10:09 p.m.
Devil or the Deep Blue Seas... as far as winning in the Big Ten goes and Richrod's continuing dynasty at UM. Now they'll either have to take a hit and eat his contract when they fire him...or keep him and keep losing because he doesn't know being head coach is more than just running the offense. Looks like RR is gonna be a legacy, Dean Wormer.
orlandomichfan
Wed, Nov 3, 2010 : 10:05 p.m.
keep dreaming about harbaugh, he isnt coming, but you all you haters can dream i suppose..go michigan, go richrod
Harbaugh
Wed, Nov 3, 2010 : 9:42 p.m.
Doesn't matter, I'm still coming.
ViSHa
Wed, Nov 3, 2010 : 9:27 p.m.
so the whole $650 thousand in legal expenses are covered by UM's insurance, meaning this didn't cost UM anything? (besides their reputation)
umgoblue47
Wed, Nov 3, 2010 : 9:11 p.m.
unable to fight the ncaa decision the richrod haters are now reduced to sarcasm... GO BLUE...
MyOpinion
Wed, Nov 3, 2010 : 9:09 p.m.
It sure would have been easier if RichRod had been charged with a major violation. This would allow us to break the contract. How about moral turpitude?
GoblueinNE_PA
Wed, Nov 3, 2010 : 9:03 p.m.
I swear, you guys don't get it. Do you really think I would be happy to have my university further dragged through the mud by having even more sanctions and penalities levied against it? The answer is HECK NO!! I want this crap to go away. Unfortunately, most of the damage has already been done, it's a matter of damage control at this point. While this news is good, it certainly does nothing to change the fact that the team stinks and RichRod's performance at Michigan has been atrocious. He's still Deam Man Walking IMO.
3 And Out
Wed, Nov 3, 2010 : 8:59 p.m.
So RR lead Michigan will end up with just as many NCAA violations (4) as he does BT wins?
orlandomichfan
Wed, Nov 3, 2010 : 8:43 p.m.
these findings are really gonna get the richrod haters upset..personally i am glad this report is coming out favorable for rr & the michigan program, it was petty to begin with...goo rr & gooo blue.
True_Wolverine_Fan
Wed, Nov 3, 2010 : 8:32 p.m.
@lumberg "Yes - they AGREED with four violations!" Did you read the report? The School says, "We are convinced that the media reports were grossly exaggerated if not flatly incorrect." Must have missed have that part lol.
Joe
Wed, Nov 3, 2010 : 8:26 p.m.
ESPN is saying the UM self imposed penalties are acceptable. Now, before anyone states crowing that they NCAA let RR off, know that the NCAA did NOT go easy on RR! They went easy on UM!! Why? Because before that moron landed in AA the NCAA had NEVER been on the UM campus to investigate the football program! The NCAA did NOT dismiss the charges against RR and his staff! They are saying that there were violations of the rules...violations brought on by RR, not the University or the players. I hope the AD already has his list of potential new coaches in his desk drawer!
lumberg48108
Wed, Nov 3, 2010 : 8:25 p.m.
I love reading these comments "witch hunt" "allegations...were over blown and largely hyperbole" Did everyone read this part: The school, in its 79-page response to the violations in May, agreed with the NCAA on four of the counts - all except Rodriguezs failure to comply accusation. Yes - they AGREED with four violations! Also: The school handed out reprimand letters to Rodriguez, director of strength and conditioning Mike Barwis; assistant athletic director for football Scott Draper, senior associate athletic director Joe Parker, associate athletic director for compliance Judy Van Horn, assistant athletic director for compliance Ann Vollano and director of then-football operations Brad Labadie. Labadie left Michigan in July for a job in the private sector.The school also altered the way it handles compliance reports and how it monitors countable athletic hours. Witch hunts and hyperbole dont lead to admittance of wrong doing, self-sanctions, changed in policy and reprimands!
Justice4all
Wed, Nov 3, 2010 : 8:20 p.m.
Which anti-Rich Rod alums have connections to the Free Press I wonder? The story was a joke when it came out. Besides, the facts speak for themselves. We've obviously not been practicing too much. :) Bad joke. Sorry, but I couldn't resist. GO BLUE!
Kubrick66
Wed, Nov 3, 2010 : 8:19 p.m.
Look, I wanted RR to win-- to not only carry the Michigan flame, but potentially take it to a higher level. I think this NCAA investigation for the most part was nothing more than a witch hunt perpetrated by certain "writers" employed by the rag known as the Detroit Free Press. And thankfully, in the end- it seems it won't hinder the program moving forward. But... All that aside, RR is still a complete and utter fail on the field. That can't be disputed by any kind of sane argument. This is a bad football team, with horrible depth, offering one truly elite player on offense that every school in the country would love to have. Is there bright spots elsewhere, just waiting to be molded into the best they can be and beyond... Certainly. But this coaching staff has yet to prove they can get the best out of anyone. Potential - Yes. Results - Horrible. Progress? Michigan is at a point where a bad team can suddenly turn into a bad program. No one wants that. The first step in preventing it is obvious.
MikeB
Wed, Nov 3, 2010 : 8:03 p.m.
I read it to mean that the original allegations by the Detroit Free Press were over blown and largely hyperbole, in effect there is really one violation; an extra 20 minutes to 2 hours of practice. Of course one can spin this anyway they want, but we will find out tomorrow what the penalties are and properly judge it at that time - unless of course we have prejudged the participants?
AlphaAlpha
Wed, Nov 3, 2010 : 7:59 p.m.
Now our fine young athletic scholars may continue their quest for academic excellence with a new, better understanding of how the world does business...