The Impermissible Scheme
The Big10 suspension document is not about the Master of Disguise moment, but leans heavily on "the impermissible scheme is proven" and our failure to deny wrongdoing.
I do not understand the "impermissible scheme" , would ask this Board to help me understand the violations.
Buying tickets for a competitors games and sending "lay" individuals to shoot cell phone video from the stands seems to comply with rules. My understanding is the NCAA has already decided the "recording is not scouting" issue, and third party video sales are legal. So unless Stallions, or other Michigan affiliated individuals went to games, I am not seeing the big issue.
I also would like your thoughts on weather OSU/Rutgers provided in person scouting services to Purdue, when they (allegedly) supplied Michigan signals and info gleaned from playing us. Should the Big10 be suspending OSU/Rutgers coaches?
November 14th, 2023 at 11:03 AM ^
Your error is attempting to apply logic to the explanations laid out by the B1G.
"Like playing chess with a pigeon... it will knock over the pieces, shit on the board, and strut around like it won."
As soon as I saw them bring up the "sign stealing = player safety risk!" argument I knew we were not dealing with rational actors. I thought only the dumbest radio callers and Spartan ADs were making that argument, because it takes about 10 seconds of logical analysis to make it implode on itself. But here it is, in the Big Ten's actual legal document. Pigeons.
November 14th, 2023 at 11:05 AM ^
Remember though, that only recording signs in-person causes player injury. Merely stealing them is perfectly safe.
November 14th, 2023 at 11:24 AM ^
It would seem that by the Big Ten's own logic, they (and the NCAA) are asking for a lawsuit, as they have been threatening player safety for years by allowing sign stealing. So stupid and dishonest to take that MSU talking point, verbatim, as rationale for the Harbaugh suspension.
November 14th, 2023 at 1:50 PM ^
Adding the layer that everyone knew this was alleged going into the game in EL makes it all the more absurd that it's even being used by either institution as a legitimate argument.
November 15th, 2023 at 11:52 AM ^
i saw spencer brown diving headfirst into braiden mcgregor as a definite way to keep michigan safe from sign stealing. the logic works.
November 14th, 2023 at 2:33 PM ^
Anyone know a good class action firm with a UM grad that would be willing to start a suit on this premise to put the lie to the B1G's bullshit rationalization of its lynch mob enablement?
November 14th, 2023 at 11:10 AM ^
Okay but can we at least attempt to steel man the opposing argument? Or is it truly that stupid? I think we were all caught off guard when the TRO was not granted on Saturday. It feels too good to be true that the only reason Petitti went ahead with the suspension was to placate OSU knowing full well they don't have an argument in court.
November 14th, 2023 at 11:15 AM ^
The reason the TRO wasn't granted was because irreparable harm is a pretty high standard and we got a judge who doesn't really love the Univ of Mich (kinda hates it). It's a totally subjective call on her part to make.
When it comes to the actual hearing on the merits of the case, I think we have much better odds. But also, the B1G rules are pretty ambiguous and it does have a lot of power. It would not be particularly strange if we lost the entire thing. Our case is basically an attempt to prove that the B1G enforced its rules arbitrarily because it's a pretty long stretch to argue that they acted in a way totally inconsistent with their rules. I think we have a decent argument for both but, at the end of the day, it's just a subjective call by the judge (as is always the case).
November 14th, 2023 at 11:25 AM ^
This is what I'm worried about. If the rule is that vague it seems nearly impossible to get a court to overturn it. Michigan can argue (correctly) that there's no evidence or solid reason to suspend Harbaugh and all the Big Ten has to say is "nothing in the rules says we can't do it."
November 14th, 2023 at 11:26 AM ^
How do you know the judge last Friday (Carol Kuhnke) kinda hates the University? I assume you are telling us something you know from knowing her or people who know her. Is that true? I'm just curious
November 14th, 2023 at 11:35 AM ^
It's been talked about on Twitter and other places that she has contempt for the college football culture. Sort of like the types who look at coaches salaries and complain that that money could be spent on pencil sharpeners.
I have no personal knowledge that's just the wots
November 14th, 2023 at 12:00 PM ^
So then it’s just a rumor?
November 14th, 2023 at 12:10 PM ^
It's talked about within the Washtenaw County legal community. The contempt for college footbal culture is well understood. The general hypothesis is that she chose to issue no ruling rather than an adverse ruling because she is up for reelection in 2024. It does speak to a certain level of wisdom by a generally respected judge, even if it didn't provide the desired result.
November 14th, 2023 at 2:08 PM ^
So wisdom = politics over justice. Ok, I get it.
November 14th, 2023 at 3:55 PM ^
I mean if we're talking about politics, she would have been much better off issuing the TRO. This almost definitely would have been a better political calculation. Politics in this case is why she didn't outright reject... not sure that's the justice any of us are looking for.
November 14th, 2023 at 3:26 PM ^
The Honorable Timothy P. Connors is overseeing the hearing.
November 14th, 2023 at 12:49 PM ^
Irreparable harm is not a "pretty high standard," but, instead, a type of harm not remediable with money damages. The irreparable harm standard is easily satisfied in this case.
November 14th, 2023 at 1:12 PM ^
TRO wasn’t granted because B1G hired a lawyer who filed an appearance. Hearing is then necessary.
November 14th, 2023 at 1:58 PM ^
This is not true. Don't get your legal advice from David Shuster.
November 14th, 2023 at 2:45 PM ^
We didn’t get the TRO because M filed a 200-page document and then expected a judge to immediately issue something.
November 14th, 2023 at 2:47 PM ^
Our case is basically an attempt to prove that the B1G enforced its rules arbitrarily because it's a pretty long stretch to argue that they acted in a way totally inconsistent with their rules.
I wouldn't describe what they did as arbitrary, more like unprecedented. They've never used the sportsmanship rule like this before. If they can do this then anything they don't like could fall under this same rule and gives the B1G commissioner unbridled authority.
November 14th, 2023 at 11:30 AM ^
The current commissioner of the B1G doesn't actually know sports, other than baseball, which we all know is what the B1G conference is truly known for.
If 13 coaches told him it was true, it must be!
November 14th, 2023 at 2:57 PM ^
Can Clemson hire him away? I promise this time I wont be salty.
November 14th, 2023 at 11:32 AM ^
I think a big piece missing in people's analysis is once again in the Wild West of non-centralized college football a small town hired a sheriff from back east instead of a local who knows how things go. And they are surprised when he fucks things up.
Pettiti is a baseball guy who ran TV and worked under Manfred (why did we hire him again??? Enough said..).
He was there during the Astros scandal. An actual scandal that threatened the efficacy of their World Series championship and baseball as a whole. They took it very seriously to preserve the integrity of the sport and suspended the owner for a whole season and saw the front office and manager fired.
Pettiti is basing his judgment off of that incident and playbook. The way he sees this case is repetitive: same crime needs same outcome.
He just flat doesn't understand this is not baseball. The crime is not relative in any manner. But he's gonna gamble his entire career that it is.
I can't wait until the tar and feathering..
November 14th, 2023 at 12:52 PM ^
Agree wholeheartedly with this point. He's conflating this with the Astros scandal, where knowing what pitch is coming is 95% of the battle. Not so in football.
November 14th, 2023 at 11:11 AM ^
It appears that the Big Ten Hierarchy is made up completely of RCMB members at the top!
November 14th, 2023 at 11:24 AM ^
"Like playing chess with a pigeon... it will knock over the pieces, shit on the board, and strut around like it won."
Best one sentence summary of the last 2 weeks! I laughed so hard. And then was disgusted that we have a pigeon running the big ten.
November 14th, 2023 at 12:29 PM ^
The question now: is the chess board worth cleaning and keeping once the pigeon is dealt with, or so you just get a new board?
November 14th, 2023 at 12:17 PM ^
+10000 for the Pigeon analogy
November 14th, 2023 at 11:03 AM ^
Time will tell but it sure appears the fix is in for UM no matter what. Sounds like Tiny Peepee Pettiti is determined to take JH down at all costs for OSU.
November 14th, 2023 at 11:07 AM ^
I think it’s bigger than Harbaugh. His actions only make sense when put through the lens of taking down the B1G as a whole. Force Michigan out, and the rest crumbles. The SEC probably hired the firm.
November 14th, 2023 at 11:16 AM ^
Nah, it's about Harbaugh. He's trying to upset things with the whole profit-sharing push. The NCAA and B1G don't want to give up any of their $billions to student athletes.
November 14th, 2023 at 11:32 AM ^
The only people that want Harbaugh to succeed are players and Michigan fans.
Many, powerful, wealthy people want him de-voiced, and they are happy to take advantage of whatever petty or irrational people that they can in the process.
Big Ten Coaches, talking heads at the Worldwide Leader in Spite™️, rabid fans, etc ... are so many puppets being pulled by the strings of their self-interest and blind hate.
But THIS is why this thing continues to have legs:
November 14th, 2023 at 12:54 PM ^
Excellent video!!! For those that haven’t watched, it’s Jimmy talking about revenue sharing and how the ncaa, conferences, etc. take advantage of the student athletes. Jimmy can also see into the future. As he states in the video, he is aware that by speaking out, his character and integrity will be attacked.
Thank you for posting this. You are absolutely correct, this is the reason.
November 14th, 2023 at 1:56 PM ^
One big reason that I think that he has been able to focus, and even to remain positive throughout all this, is that he had already counted this cost when he decided to speak up.
November 14th, 2023 at 11:42 AM ^
100% it's Harbaugh. Not only because he is for the student athlete and wants them to share in the revenue , but also because he is developing talent and outcoaching every other coach in college football. All other top coaches don't want the status quo disrupted.
I really think everything was planned out a while ago. I believe that the ncaa came up with a convoluted burgergate charge and turned it into a level 1 infraction. Then they use the coach should be aware of every time that a staff member wipes their ass rule with the spygate fiasco to make Harbaugh a repeat offender.
Their next move will be to ban a repeat offender from coaching in college football or hope that Harbaugh will get fed up and go to the NFL on his own.
November 14th, 2023 at 12:51 PM ^
If they are 100% certain Michigan would never leave the B1G, then the Harbaugh theory makes sense. If Michigan leaves, then the B1G blew itself up trying to take down one coach. Certainly a risky gambit.
November 14th, 2023 at 11:22 AM ^
I'm waiting to find out the background of the guy who paid Petitti that ginormous amount of $$ for his unfinished Florida condo, and yes my tinfoil hat has completely fresh tinfoil and it's fitting very tightly.
November 14th, 2023 at 12:12 PM ^
Edit: Never mind. I need more coffee.
November 14th, 2023 at 12:46 PM ^
Just thinking out loud here (well, my keyboard is making noise): how does one go about executing a large bribe if one is so inclined? Cash works fine if you're trying to get off a speeding ticket or make a property inspector go away I suppose, but seven figures of bills is unwieldy. Transfers are easy to track. Overpaying for an asset seems the way to go--who's to say it isn't just a subjective difference of opinion on the value? That's what markets are for etc. etc.
Still a bit suspicious if you're too obviously interested, so I guess you need an intermediary...but that just gets you back to problem one. Somehow you've got to get the money to the intermediary.
So how's this for a plan: you're hiring a trustworthy vendor (like a marketing/PR firm maybe) and you overpay for their services, and they then overpay for the asset. Who's to know or say what their services were worth and whether you overpaid?
Not suggesting it's relevant to the matter at hand but your question triggered mine. I honestly don't know how this stuff works.
November 14th, 2023 at 12:54 PM ^
Petitti was fired by Activision CEO Bobby Kotick, who is a Michigan alum and booster. Kotick is allegedly not a great guy though…
November 14th, 2023 at 2:18 PM ^
Pettiti really isn't going to like it when Michigan is the cause of him getting fired from this job as well.
November 14th, 2023 at 12:44 PM ^
It seems oddly reminiscent of when Steinbrenner bought off drew Henson
November 14th, 2023 at 11:06 AM ^
You keep using that word. I do not think it means what you think it means
November 14th, 2023 at 11:09 AM ^
If the people recording games did so on their own volition and gave the videos to Stalions, no problem. He just found some cool video.
But Stalions sends people to do the recording on his behalf? Problem. Especially when the paper trail is so obvious.
Had Stalions paid for tickets using a privacy.com virtual card, and paid off his agents without broadcasting the payments publicly on Venmo, and kept all his spreadsheets on a well secured personal computer, nothing would happen. Actually at some point someone on staff would have eventually gotten a whiff of what he was up to and told him to knock it off.
All for a frankly lesser advantage than ... calling up a buddy on a coaching staff who played Ohio State and has a beef with Ryan Day, and getting a professional interpretation of the signs, rather than shaky zoomed in iPhone footage.
November 14th, 2023 at 11:17 AM ^
But Stalions sends people to do the recording on his behalf? Problem. Especially when the paper trail is so obvious.
I disagree. The rules allow for hiring a third-party in some cases, and recording games is not one of the impermissible cases.
November 14th, 2023 at 12:19 PM ^
No, the rules don't allow for this. You are allowed to have third party subscription services. The rules may not define that, but this is clearly not that.
Also, while you can record for personal use, commercial use may be prohibited under the terms and conditions of the ticket. E.g.,Michigan Stadium has a policy that prohibits members of the public from taking video. Obviously, they will not enforce personal cell phone use. But commercial photography and video require permission and a license. So no, you can not give something of value (ticket and meal $) for someone to go and record a game.
November 14th, 2023 at 12:35 PM ^
Wasn't all of the video for Stalion's personal use? He wasn't broadcasting it or otherwise trying to sell it.
November 14th, 2023 at 1:13 PM ^
The "videographers" were getting paid for footage, so I could see it qualifying as commercial use, but just barely. In general you're allowed to film anything in public. Northwestern (private university) might be able to prohibit you, but I would think that public university stadiums would count as public places. It also sorta doesn't matter. The terms and conditions (on your ticket?) for attending/filming don't apply to B1G rules or NCAA rules. The videographers might have violated the terms and conditions of attending, but the case there would be against the videographers, not CS or Michigan.
It is not clear that CS broke any NCAA rules. As a homer, I don't think he did unless it was him at the CMU game.
The sportsmanship thing with the B1G is BS. It is super broad and is selective persecution.
I can't wait till we beat OSU. Our team has to be super fired up.
November 14th, 2023 at 2:58 PM ^
Are we sure they were getting "paid" to go, or were their expenses reimbursed?