The University of Miami will not take the NCAA's malfeasance during the Nevin Shapiro investigation lying down, as the school is making an unprecedented stand against college sports' governing body.
According to a report from CBS Sports' Dennis Dodd, Miami will file a motion Friday to dismiss the Shapiro case, which dates back to August of 2011. Dodd notes the school will specifically cite the overstepping of NCAA president Mark Emmert and his investigators in the case:
The motion will account for recent revelations that the use of attorney Maria Elena Perez was beyond the scope of an external review commissioned by NCAA president Mark Emmert.
Miami's case first hit the national radar following an investigative report from Yahoo! Sports' Charles Robinson in August of 2011. Robinson reported that Shapiro, a former Miami booster, spearheaded an eight-year run of NCAA infractions that rivaled any in major college sports history. Shapiro had provided money and other amenities for at least 72 players. But his role with the school came crumbling down when he was arrested for running a Ponzi scheme.
Upon these allegations coming to light, Miami imposed swift actions in hopes of avoiding further action from the NCAA. The school held its football program out of bowls for the 2011 and 2012 seasons, the first two campaigns under head coach Al Golden.
Despite those self-imposed penalties, the NCAA launched its own investigation—one that eventually led to Friday's motion. Unable to coerce witnesses and former associates of Shapiro into testifying, the NCAA hired the former booster's bankruptcy lawyer, Maria Elena Perez, to question witnesses under oath.
This is important because the NCAA does not have the legal right to subpoena witnesses. Under Emmert and the NCAA's plan with Perez, any witness who lied or refused to testify faced legal action—a massive violation of an NCAA bylaw.
As more information continued to come out about the case, Miami president Donna Shalala became increasingly critical of the NCAA. She criticized the process and implored the NCAA to avoid any further punishment to the school, saying Miami had "suffered enough."
With Friday's unprecedented motion in place, it seems as if Shalala and Miami will no longer wait for the NCAA's ruling. The school is taking actions into its own hands, and now a court will decide whether this case will go any further.