Pete Thamel and Dan Murphy | ESPNNov 9, 2023, 9:00 p.m. Reading: 6 min.
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The Ravens have positioned themselves as a serious contender to win it all after being the most consistent team in the first half of the 2023 NFL season.
With the Big Ten Conference’s ruling on whether Michigan violated the league’s sportsmanship policy expected to come in the near future, the focus of the biggest showdown of the college football season could shift to the courtroom.
Big Ten Conference commissioner Tony Petitti notified the University of Michigan that the conference was considering some form of discipline earlier this week. A source confirmed to ESPN that Michigan responded Wednesday with a 10-page letter that strongly urged the league not to act, laying the groundwork for an immediate appeal to the justice system if Petitti imposes any sanctions.
Michigan Wolverines head coach Jim Harbaugh walks through the tunnel before a college football game against the Michigan State Spartans on October 21, 2023 at Spartan Stadium in East Lansing, Michigan.Adam Ruff/Icon Sportswire
Sources have consistently told ESPN that the expected punishment for any illicit sign-stealing program run by former analyst Connor Stalions has long been the suspension of coach Jim Harbaugh. The duration of that possible suspension is uncertain.
Harbaugh served a self-imposed three-game suspension earlier this season in response to allegations of NCAA recruiting violations. During that time, he was only banned from coaching the team on match days. Sources told ESPN that Big Ten Conference athletic directors made it clear to Petitti in a call last week that they wanted any Harbaugh suspension to be different. Athletic directors, according to sources, pushed hard for Harbaugh not to be allowed into the facility or coach any aspect of the team at any time during the suspension.
If Petitti suspends Harbaugh this week, sources said Michigan has been preparing to challenge the ruling in court in an effort to keep Harbaugh on the sideline for the No. 3 Wolverines’ game at No. 10. Penn State on Saturday.
Sources have indicated for days that both Harbaugh and Michigan have been preparing a legal challenge, the process of which would likely include a lawsuit against the Big Ten Conference seeking a preliminary injunction to prevent the suspension.
Legal experts told ESPN that to get a decision in time for Saturday’s game, especially since Friday is a court holiday, Michigan would likely request an ex parte ruling on a temporary restraining order, meaning the judge could make a decision after hearing Harbaugh’s argument before the Big Ten Conference has a chance to respond. The most likely location for a hearing this week would be Washtenaw County Circuit Court in Ann Arbor. (The other potential venue would be a federal courthouse.)
A retired Washtenaw County Circuit Court senior judge, Donald Shelton, told ESPN via email that the judge presiding over the temporary restraining order case would need to weigh four factors: the likelihood of Michigan succeeding in the demand at the end; proof of irreparable harm if the suspension is in effect pending trial; what the damage would be to each party if the court order is not issued; and if the public interest is served when granting it.
Shelton teaches at UM Dearborn in the criminal justice department and noted that he is a Michigan Law graduate and a football fan who flies a Michigan flag at his home. He joked that when he left the bench, he no longer needed to be impartial.
But he offered a direct assessment of possible legal action, with proof of irreparable harm being the “strong issue” for Michigan in this potential legal dispute.
Shelton laid out Michigan’s argument for irreparable harm: “I would argue that every football game is unique and that suspending the coach from any upcoming games is a harm to him and the team that cannot be undone regardless of the outcome of the game.” a future judgment. on the merits.”
The counterargument would be, Shelton predicted: “The Big 10 would argue that the team and the games can move forward without the head coach without prejudice, as demonstrated by their success earlier this season when coach Harbaugh was suspended for 3 games by the NCAA”.
There is recent precedent for both a school seeking a temporary injunction to protect a player’s eligibility and a school taking legal action against its own conference.
Eight Nebraska football players filed a lawsuit against the Big Ten Conference in 2020 to invalidate the league’s postponement of the fall football season. They did so in a local Lancaster County courthouse, which could be instructive about where Michigan is heading. (The Big Ten Conference eventually changed course and ended up playing football in 2020.)
Former Memphis basketball star James Wiseman was given a temporary injunction by an NCAA ruling in 2019 and was allowed to play two games. He later dropped the suit and left college to train for the NBA after playing only three college games.
For a coach of Harbaugh’s profile to take legal action against his own league for one season would be unprecedented. He could have high-stakes implications for the Wolverines’ potential championship season and the long-term fate of one of the sport’s most recognizable coaches.
Michigan’s scrutiny comes in the wake of an NCAA investigation that began nearly three weeks ago. The Big Ten Conference announced on Oct. 19 that they had alerted other schools about the NCAA investigation. Michigan suspended the Stalions the next day and he then resigned.
ESPN has reported that the Stalions bought tickets to 12 of 13 Big Ten schools and bought tickets to more than 35 games in 17 stadiums over the past three years. The breadth of that alleged sign-stealing ring has irritated Big Ten Conference officials and led coaches and athletic directors to push hard for Petitti to punish Michigan.
2023-11-10 00:07:47
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