A nearly unprecedented battle between a conference and one of its flagship teams is brewing, with a resolution expected soon. Here's where things stand from both sides.
While an NCAA investigation into Michigan's alleged off-campus scouting and signal stealing plods along, the Big Ten is poised to impose discipline for violating its sportsmanship policy. The league recently sent Michigan a notice of disciplinary action, required by the sportsmanship policy"in the event it becomes clear that an institution is likely to be subjected to" penalties.
With a decision coming as soon as today, let's examine each side's position and what could happen if the situation reaches a courtroom.When the NCAA began its investigation of Michigan last month, the Big Ten appeared ready to watch from the sidelines.
The length of a Harbaugh suspension is also worth monitoring. A two-game suspension -- covering Saturday's game at Penn State and a Nov. 18 game at Maryland -- would fall under standard discipline, which Petitti could impose on his own. Anything beyond two games is classified as"major" discipline, and would require approval from the Joint Group Executive Committee, which includes representatives from several league members.
According to multiple sources, the university plans to consult with attorneys from Williams & Connolly, a large, national firm based in Washington, to weigh their legal options. Harbaugh hired attorney Tom Mars to help with a different NCAA investigation and suspension earlier this year. Mars has served as an attorney for several coaches and college athletes battling the NCAA over eligibility issues or sanctions.
The league's own handbook also could be cited in the defense for Michigan/Harbaugh. In the"Enforcement Policies and Procedures" section, there is a heading for"NCAA Initiated Cases." The handbook notes that the Big Ten's Compliance and Reinstatement Committee, not the commissioner, would review any potential NCAA violations by one of its members.
Feldman thinks Michigan would have an uphill battle in court. Injunctions and temporary restraining orders aren't handed out very often, and courts generally don't want to interfere in the ability of a governing body -- in this case, the Big Ten -- to discipline its own members.
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