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Report: Miami is filing motion to dismiss NCAA case

The SportsXchange

The University of Miami planned to file a motion with the NCAA on Friday to dismiss the charges in the case involving booster Nevin Shapiro, CBSSports.com reported.

According to the report, such a request is unprecedented, and is a response to reports that attorney Maria Elena Perez was used in ways that went beyond the scope of the NCAA review of alleged Miami violations.

The Miami Herald reported that an NCAA investigator used Perez to obtain information from Shapiro's driver Mario Sanchez. The newspaper also reported that NCAA investigators allegedly lied to subjects they interviewed.

The CBSSports.com report indicates Miami's motion to dismiss provided additional information regarding questionable conduct by the NCAA while investigating the Miami case.

Miami was charged with lack of institutional control, a major offense that could result in severe penalties.

Typically, schools charged with major violations file responses to the NCAA's allegations and appear before the NCAA infractions committee. Some time after the hearing, penalties are handed down, if any are deemed appropriate.

But Miami is seeking to have the charges dismissed altogether.

The NCAA's investigative process has come under fire recently.

In the Miami case, the NCAA eliminated about 20 percent of the evidence gathered when it was discovered that Perez has been paid to use subpoena power to depose former Miami equipment staffer Sean Allen and Shapiro business partner Michael Huyghe.
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