Fair Write up on the Harbaugh (Non)Suspension Issue
Good Story by Wetzel here (No Paywall). Key Points:
- NCAA is breaking its own rules by commenting on an ongoing case
- Suspension is supposed to max at 6 games
- NCAA seems to be up in its feelings about folks on X (Twitter) making light of the infractions by referring to it as a cheeseburger suspension
- Harbaugh and UM are members of the NCAA and are subject to its rules and oversight
First time post hope everything is above reproach here.
August 14th, 2023 at 11:54 AM ^
We have one of the best law schools in the country. Time to set it loose on the NCAA. Everyone gets an A for helping burn down the NCAA.
August 14th, 2023 at 11:55 AM ^
Does anyone know whether this can be taken to an actual court if it goes badly? You would think some court would have enforcement ability over organizations breaking bylaws as part of an internal adjudicating process with significant financial impact
August 14th, 2023 at 12:34 PM ^
Didn't Tom Brady sue NFL during the deflationgate?
August 14th, 2023 at 1:25 PM ^
Unlikely.
NCAA membership almost certainly includes some sort of arbitration clause.
August 14th, 2023 at 2:49 PM ^
I'm sure it does, that's why this will go to an NCAA hearing first. But the NCAA signs on to an agreement like that too. I think if the NCAA really has violated its rules or doesn't apply them according to the bylaws agreed to, there are situations where a court can step in an prevent harm from being done under an agreement that isn't being held by the penalizing side
August 14th, 2023 at 12:09 PM ^
So I’m confused. First, it was looking like a maximum of four games, then it looks like everything was being dropped, now it’s looking like (if I’m reading the article, right) that they’re looking for at least six games now?
Seems like literally anything and everything is still on the table as a possible punishment.
The NCAA may be losing in the court of public opinion, but it doesn’t really seem to be deterring them. It sure looks like they will ride this into the ground and get their pound of flesh from Harbaugh by any means necessary.
August 14th, 2023 at 12:09 PM ^
Put me in the camp of folks who are growing increasingly frustrated with the lack of visual / verbal response from our AD in this matter; and please spare me the "behind the scenes" or "not allowed to comment" stuff; that magically didn't apply to Tennessee or any other myriad of examples one could think of.
I couldn't disagree more with people who think it's just fine if Harbaugh ends up no longer coaching here at this juncture. He has built the program we had hoped he would, now it's time to fly with it being fully operational. There's not an NFL job out there that is more attractive than what U of M can offer Jim Harbaugh. Warde's job is to make sure he retires here, fin. If he can't do that then we should be looking for a new AD.
August 14th, 2023 at 12:36 PM ^
How do you imagine the AD commenting publicly on it is going to help things? I don't see how it'd reduce the suspension or increase the odds Harbaugh stays here
August 14th, 2023 at 1:12 PM ^
How will it hurt things? The verbiage of the message doesn't matter in the least, it's the intent and purpose behind it.
Everyone who has spent more than 3 seconds looking into the details of this situation knows its a total farce, call it that, reaffirm your support of your coach and program.
That support, outwardly, is what people are wanting to see here. If you think that doesn't matter to Harbaugh I don't know who you've been following for the past 8 seasons.
August 14th, 2023 at 1:25 PM ^
I think it would hurt from a PR/visual perspective. The whole Wetzel article is favorable to Michigan because we're adhering to the process and the NCAA isn't. If we sink to their level, that PR edge will go away, even if it's justified. I think neutral observers mostly think we're the victims here, so let's not go out of our way to change that.
August 14th, 2023 at 12:27 PM ^
I've said this before, but the key fact here is what evidence the NCAA has that Harb lied, which amounts to (1) what question did the NCAA ask, if any, (2) what specifically did Harbaugh say, and (3) what evidence do they have to show Harbaugh knew what he was saying wasn't true?
The weakest case I can imagine:
- NCAA: Harbaugh, did you have impermissible contacts with any recruits during the dead period?
- Harbaugh: Not that I can remember. (Or even worse for the NCAA, some kind of crazy word salad that doesn't really answer the question.)
- Evidence: Receipts showing he took two recruits to the Brown Jug during a dead period.
The strongest case I can imagine:
- NCAA: Harbaugh, did you take John Doe and James Roe to the Brown Jug on April 22, 2021?
- Harbaugh: I am 100% certain that I never met with those two recruits ever.
- Evidence: Email from Harb to Warde saying "Warde, I am going to lie to the NCAA about those cheeseburgers. Make sure you back up my story or I'll have you fired. Sincerely, Captain Comeback."
Since the NCAA is pushing this and Michigan isn't rolling over, I'm guessing the evidence is ambiguous enough that both sides think they might win, but I'd love to know what it actually is.
August 14th, 2023 at 12:41 PM ^
Way off topic, but I love the Captain Comeback reference. Would love to get it on a tshirt, but we haven't had a ton of comeback wins over the past few years now that I think about it. I guess notably in the Harbaugh era would be that Rutgers game in 2020.
August 14th, 2023 at 3:49 PM ^
Weren’t both the Nebraska and PSU games in 2021 comebacks? We were down late in both, I believe.
August 14th, 2023 at 4:55 PM ^
Fair point, we were down I think by 3 in both of those games in the middle of the 4th, so we did need to score to win. I was thinking of come backs from more than a score down at some point in the game though
August 14th, 2023 at 12:57 PM ^
Thanks for posting this and IMO, you're right, this is a fair assessment. The one sentence from the article that sums it up for me is, "How can anyone, let alone Jim Harbaugh, take this seriously or expect a fair process?"
And then obviously that when you're breaking your own rules to try to sway public opinion you are, de facto, admitting that this whole thing is about a cheeseburger.
August 14th, 2023 at 1:13 PM ^
“It’s not a cheeseburger.”
Isn’t that exactly what a cheeseburger would say?
August 14th, 2023 at 3:33 PM ^
It’s interesting Wetzel notes Harbaugh hasn’t and can’t say a thing but the NCAA shill is making public statements “ This is not about a cheeseburger” basically self promoting and defending against social media.
August 14th, 2023 at 3:57 PM ^
Per the linked article,
If he’s guilty, then NCAA rules — which Harbaugh has agreed to adhere to — say he should be punished at least six games.
…not “6 games max” as stated in the OP. This may explain why the four game suspension was rejected.
August 14th, 2023 at 8:46 PM ^
Great post. I was looking for just this summary.