Mark Schlabach and Adam Rittenberg November 10, 2023, 7:00 PM ET9 minutes read
Wilbon is “stunned” by Harbaugh’s three-game suspension
Michael Wilbon explains why he’s stunned that the Big Ten is banning Michigan coach Jim Harbaugh from being on the sidelines until the end of the regular season.
The Big Ten suspended Michigan’s Jim Harbaugh as coach for his football team’s final three games of the regular season, starting with Saturday’s showdown at No. 10 Penn State.
Big Ten commissioner Tony Pettiti’s announcement Friday came 23 days after the NCAA first informed the conference and Michigan officials that it had received credible information that the No. 3 Wolverines were engaging in a sign-stealing scheme were that analyst Connor Stalions and others scouted future opponents off campus, something prohibited by NCAA rules since 1994.
Pettiti’s decision was surprising and quick at the same time. Will it last? Michigan President Santa Ono said in a statement Friday that the university is seeking a court order overturning Harbaugh’s suspension.
Here’s what we know so far about the Michigan investigation.
How did the Big Ten come to its decision?
In a 13-page letter sent Friday to Michigan athletics director Warde Manuel, Petitti wrote that the Big Ten believed Michigan “violated the Sportsmanship Policy because a university football employee organized, carried out extensive, years-long personal advance scouting.” Regulation that was inadmissible.
“The goal of the plan was to gain an unfair advantage by stealing the signs of the teams that the university football team was scheduled to play later in the season,” Petitti said. “Such misconduct fundamentally affects the integrity of competition.”
Petitti wrote that although the league has made other Big Ten programs aware of the allegations, “the impact on the university’s football team’s opponents remains.”
“The integrity of competition is the backbone of any athletic conference or league,” Petitti said. “This is especially true for sports competitions between student-athletes. Athletes compete for victory. A competition that is all about winning and ignores the rules of fair play weakens us all, including our institutions. The integrity of competition must come first.” Value is fundamental and goes far beyond the value of winning; in fact, it is the very source of all profit value.”
Because the Big Ten believes Michigan committed violations this season, Petitti wrote that it was appropriate to impose a penalty now.
“Enforcing the Sportsmanship Policy with appropriate discipline this season in light of the university’s identified violations this season is therefore paramount to protecting the reputation of the conference and its member institutions and ensuring that our on-field competitions are honorable and fair .” ” wrote Petitti.
What did Harbaugh know about the plan?
Harbaugh has denied knowledge of the sign-stealing scheme from the start and said he never directed employees to violate NCAA rules. Petitti assured Manuel that the league had not yet received any evidence that Harbaugh knew about the plan.
“This is not a sanction from Coach Harbaugh,” Petitti wrote. “It is a sanction against the University that, in the exceptional circumstances of this offensive conduct, best fits the violation because: (1) it preserves the ability of the University’s student-athletes to continue to compete, and (2) it recognizes that the head coach embodies the university as it relates to its football program.”
In a statement following Stalions’ resignation on November 3, his attorney, Brad Beckworth, said: “Connor would also like to make it clear that, to his knowledge, neither Coach Harbaugh nor any other coach or staff member has told anyone to break any rules or regulations.” “Aware of inappropriate behavior in connection with the recent advanced intelligence allegations.”
What evidence did the Big Ten have to reach this verdict?
According to Petitti’s letter, the NCAA provided the Big Ten with a “master spreadsheet” that laid out in great detail how the Stalions’ plan worked. It included:
A large and detailed table with the names of various people scheduled to attend past and future football games of Michigan’s opponents.
Contracts for individuals to attend past and future games with top-ranked, non-Big Ten football programs.
Advice on whether attendance at games would be required based on various win/loss scenarios.
The schedules of Michigan’s football opponents for 2023.
Color coding to represent past games that individuals have attended and future games that would require scouting.
The names of people associated with cities and specific areas of the country.
Monetary costs for scouting some games.
Additionally, Pettiti said there was a separate worksheet in the master spreadsheet that “showed narrative translations of signs and signals that corresponded to specific team formations and plays.”
According to Petitti, between Oct. 20 and Nov. 4, the conference received additional documentation from other Big Ten members showing that Stalions purchased tickets to games involving Michigan’s opponents. According to the league, there is evidence that he purchased tickets for at least four games in 2021, 13 in 2022 and five in the first seven weeks of this season. “The tickets were strategically placed near midfield, facing the future opponent’s sideline,” the letter said.
SEC Commissioner Greg Sankey informed the Big Ten that Stalions had purchased tickets to the SEC Championship Game in Atlanta.
The Big Ten also reviewed photos and videos purported to show the staffer on the sidelines alongside other Michigan coaches.
On October 2, 2021, during a game against Wisconsin, Stalions stood “side by side with the university’s then-defensive coordinator.” At a game at Ohio State on November 26, 2022, Stalions watched the opponent’s sideline and then pointed at the Michigan defense “in response to the signals given to the opposing offense.” In a CFP semifinal at the VRBO Fiesta Bowl last season (in which the Wolverines lost to TCU 51-45), Stalions stood next to Michigan’s defensive coordinator and “talked to him while closely watching what was happening and/or on the field.” the TCU sideline. The evidence the Big Ten collected from the NCAA included additional corroborating documents, photographs, videos and “significant interview recordings,” all of which, according to the Big Ten, “confirm the existence of the improper plan.”
Is the Big Ten’s action unprecedented?
The Big Ten has imposed discipline as part of its sports policy, including suspensions for coaches and players.
In February 2022, the Big Ten suspended Michigan men’s basketball coach Juwan Howard for five games – the remainder of his team’s regular season – and fined him $40,000 for attacking Wisconsin assistant Joe Krabbenhoft during an argument punched in the face in a game. The league also fined Badgers coach Greg Gard $10,000. Both penalties fell under the Big Ten’s sportsmanship policy.
What’s special about Friday’s discipline is that the Big Ten decided to act amid an ongoing NCAA investigation into possible NCAA violations. The Big Ten’s Oct. 19 statement indicated it would allow the NCAA’s lengthy process to continue, saying the league would “continue to monitor the investigation.” Only after additional information emerged, as noted in the Big Ten’s letter to Manuel on Friday, did the league truly address the possibility of disciplining Michigan under its athletic policy.
What does Michigan do now?
In a statement, Ono said the school will seek a court order to prevent the Big Ten from suspending Harbaugh for three games. Ono wrote that the university is entitled to a “fair, deliberate and thoughtful process” to determine the facts before making a judgment.
“Commissioner Tony Petitti’s actions today disregard the Conference Handbook, violate basic principles of due process, and set an untenable precedent for assessing penalties before an investigation is complete,” Ono wrote. “We are dismayed by the commissioner’s haste to make a judgment when there is an ongoing NCAA investigation – one with which we are cooperating fully.”
Ono also objected to Petitti’s decision to impose discipline on Veterans Day, when state and federal courts are closed in honor of the national holiday. Ono accused the Big Ten of trying to “prevent the university from seeking immediate judicial relief” and said it was “hardly a profile of impartiality.”
“Commissioner Petitti’s hasty actions today suggest that this is more about responding to pressure from other conference members than a desire to apply the rules fairly and impartially,” Ono wrote. “By taking this action at this time, the Commissioner is personally sidelining himself and altering the level playing field he claims to be trying to maintain.”
Most courts have judges on call on holidays and weekends to deal with urgent matters. Legal experts told ESPN this week that Michigan officials would likely seek an ex parte ruling on a preliminary injunction, meaning the judge could make a decision after hearing Harbaugh’s argument without the Big Ten receiving a rebuttal .
Sources told ESPN that Michigan would likely seek to sue before a state court judge rather than a federal judge in Detroit.
A lawyer who has been involved in NCAA violation cases for decades told ESPN that he would be surprised if Michigan found a judge willing to intervene in the matter.
“Most judges will be reluctant to interfere in the affairs of a volunteer association unless the plaintiff can show that the association clearly does not follow its own rules or is acting arbitrarily or capriciously,” the lawyer said.
What’s new on the NCAA investigation?
The NCAA has not yet sent Michigan notice of allegations, but Petitti’s letter showed the NCAA is making progress. Petitti noted that NCAA President Charlie Baker was directly involved in relaying information about the investigation beginning on Oct. 18, when he made a phone call with Petitti and Big Ten and Michigan staff. Baker clearly understood the urgency of the alleged violations.
In a Nov. 2 phone call with the Big Ten and Michigan, Baker and the NCAA staff said they “know and can prove” that the Stalions conducted extensive signal-stealing operations.
“It is rare and outside of typical NCAA protocols for the NCAA to disclose information about an active investigation to institutions other than the institution being investigated,” Petitti wrote. “However, the NCAA stated and believed that the disclosure was necessary due to the unprecedented scope of the alleged scheme at the time and because of the significant impact the improper scheme could have on competition during the current football season. “It was also extraordinary that the NCAA president arranged and participated in the call, underscoring not only the seriousness of the allegations but also the immediate impact.”
Petitti added that while the NCAA investigation is still ongoing to determine who else knew about or was involved in the signal theft, the association believes “uncontested” that the plan took place. Still, the NCAA’s process of completing its investigations and enforcing violations will likely continue well into 2024, if not beyond.
“The NCAA takes competitive integrity seriously and when the association has reason to raise time-sensitive competitive integrity issues with schools and leagues, it has done so and will continue to do so,” the NCAA said in a statement. “The NCAA obtained the school’s consent before sharing the information stated in the document. The NCAA’s investigative and violation process continues in this matter.”
Does a season-long ban apply to the CFP or just Big Ten games?
The Big Ten said Harbaugh’s suspension would only apply to the regular season. If Michigan qualifies for the Big Ten championship game, he would be expected to practice in Indianapolis. Harbaugh would also be eligible to coach Michigan in College Football Playoff games or other bowl games.