MGoNOA - Michigan receives letter of notice for cheeseburgergate

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Michigan receives NCAA Notice of Allegations for alleged recruiting violations

Angelique S. Chengelis

The Detroit News

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Michigan has received a Notice of Allegations from the NCAA regarding its investigation into four alleged Level II violations, including meeting with two recruits during a COVID-19 recruiting dead period, that led to a Level I allegation against head football coach Jim Harbaugh for allegedly lying to and misleading investigators.

Kurt Svoboda, Michigan associate athletic director for external communications and public relations, and Kim Broekhuizen, director of the Michigan public affairs office of the vice president for communications, each confirmed to The Detroit News on Wednesday that Michigan received the NOA this week.

Requests for comment from the NCAA have not been returned. Michigan was given a draft of the NOA in January and while Michigan has said it agreed to the Level II violations that also included texting a recruit outside the allowable time period, having analysts handling on-field coaching and coaches watching players work out via Zoom, Harbaugh has never agreed to the Level I — the NCAA’s most severe — allegation of lying to investigators.

A Level I infraction is punishable with up to a six-game suspension and other recruiting restrictions. Harbaugh did not coach the first three games of the season as part of a school-imposed three-game suspension after the NCAA Committee on Infractions rejected a negotiated resolution four-game suspension. Offensive coordinator/offensive line coach Sherrone Moore missed the first game as part of a negotiated resolution for his involvement and Michigan did not host recruits the first two games.

Harbaugh, 59, is in his ninth season at Michigan and is preparing the team for a third-straight College Football Playoff national semifinal appearance. Michigan, ranked No. 1, will face No. 4 Alabama in the Rose Bowl on New Year’s Day, the winner advancing to the national championship.

The NCAA also has a separate ongoing investigation into the Michigan football program involving an alleged illegal scouting/sign-stealing scheme that surfaced on Oct. 19. Former lower-level staffer Connor Stalions, who allegedly orchestrated the scheme, since has resigned after initially being suspended with pay by the university.

There is no NCAA rule against in-game sign stealing but programs are not allowed to scout games of future opponents and also can’t use electronic equipment to record another team’s signals. According to ESPN, Stalions purchased tickets to more than 35 games at 17 stadiums around the country involving Michigan opponents in the Big Ten and potential College Football Playoff opponents

The Big Ten took more immediate action and with information from the NCAA, commissioner Tony Petitti suspended Harbaugh for the final three regular-season games for a violation of the Sportsmanship Policy.

Regarding the first investigation for which Michigan this week received the NOA, according to the NCAA, the investigation began May 24, 2021, the day Michigan received a Notice of Inquiry from the NCAA. Enforcement staff began the investigation from a self-reported violation.

An allegation review board was held on Feb. 3, 2022, and on Feb. 16, a draft of allegations was provided for an opportunity to consider resolution options. However, on Feb. 18, the NCAA received information regarding additional potential violations. The investigation was extended On April 5, 2022 to Aug. 31, 2022 because of the investigation into the new information received in February.

The investigation was extended again to Jan. 31, 2023 as the NCAA continued to investigate the new information into potential additional violations.

On Jan. 5, 2023, Michigan received a draft of a Notice of Allegations. The enforcement staff held pre-resolution conference meetings on Jan. 17 and Jan. 18 and the parties were requested to submit documentation by Feb. 2, 2023. There was a delay from Feb. 3 to April 6 because the requested information was not submitted.

The Committee on Infractions determined on Nov. 1, 2023 it will “conduct deliberations for the contested issues of written record resolution and pending full hearing notice of allegations at the same time.”

At the conclusion of an investigation, the NCAA enforcement staff sends a Notice of Allegations to the university president, athletic director, director of compliance and the individuals involved. The NOA outlines the rules allegedly broken and lays out the facts of the case.

Michigan has 90 days to respond in writing to the NOA and then the NCAA has 60 days to reply. A hearing before the Committee on Infractions is scheduled, typically, about two months after the reply has been filed. After the hearing, lawyer Stu Brown, who represents schools in NCAA cases, told The Detroit News it's typically another two or three months before the public infractions report is released. There could be an appeal, which could last six months or more.

Just before Big Ten media days, reports surfaced suggested a negotiated resolution had been reached for a four-game Harbaugh suspension. The negotiated resolution broke down in August and shortly after, Derrick Crawford, NCAA vice president, hearing operations, issued a statement, which is uncommon from the NCAA. He seemed to respond to Michigan fan sites that had referred to the investigation as "Burgergate" because of an unsubstantiated rumor that Harbaugh had purchased a burger for a recruit during the recruiting dead period.

“The Michigan infractions case is related to impermissible on and off-campus recruiting during the COVID-19 dead period and impermissible coaching activities — not a cheeseburger,” Crawford wrote in a statement. “It is not uncommon for the COI to seek clarification on key facts prior to accepting. The COI may also reject an NR if it determines that the agreement is not in the best interests of the Association or the penalties are not reasonable. If the involved parties cannot resolve a case through the negotiated resolution process, it may proceed to a hearing, but the committee believes cooperation is the best avenue to quickly resolve issues.”

On Aug. 21, Michigan announced that Harbaugh would miss coaching the first three games of this season. It essentially was a goodwill gesture, an effort to soften the potential blow from the NCAA.

"While the ongoing NCAA matter continues through the NCAA process, today's announcement is our way of addressing mistakes that our department has agreed to in an attempt to further that process," Michigan athletic director Warde Manuel said at the time. "We will continue to support Coach Harbaugh, his staff, and our outstanding student-athletes.”

Harbaugh also issued a statement: “I will continue to do what I always do and what I always tell our players and my kids at home, ‘Don’t get bitter, get better.’”

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@chengelis

TELL the NCAA to F*CK OFF!!

Covid rules were fake rules. NCAA is amazing. 

Four level 2 violations and 1 level 1 violation. Level 1  could lead to up to 6 games. Michigan and Ncaa agreed to 4 game suspension in August but the committee on infractions disagreed. I think the  Ncaa will be ok with the level 2 violations as we have suspended our assistant coaches for a game, But I dont think they are done with Jim. They dont like the fact that he may not have been truthful with them.

GO BLUE

So much bullshit...

WTF is a coach supposed to remember about a lunch trip that was probably expensed 2 years prior?  Anyone know how many lunch trips Harbaugh expenses each year?  I'm willing to bet about 100-150...  How does anyone remember a couple of cheeseburgers from 2.5 year earlier in the middle of Spring Camp?

Fuck off, NCAA.

I can't help but think that Stapleton POS was behind issuing this on NSD.  Can't Michigan revoke his degree or something?  

This appears to be the most interesting aspect of the article.   I believe this was already known, but it reinforces the notion that some weenies in the NCAA personally have it out for Harbaugh/Michigan and likely are skim milk drinkers:  

Just before Big Ten media days, reports surfaced suggested a negotiated resolution had been reached for a four-game Harbaugh suspension. The negotiated resolution broke down in August and shortly after, Derrick Crawford, NCAA vice president, hearing operations, issued a statement, which is uncommon from the NCAA. He seemed to respond to Michigan fan sites that had referred to the investigation as "Burgergate" because of an unsubstantiated rumor that Harbaugh had purchased a burger for a recruit during the recruiting dead period.

I guess now that this is out, Harbaugh and Michigan can tell their side of the story.

News like this is what allows Ohio fans to have a Christmas too.

Can’t Michigan just tell the NCAA to fuck off? Seriously what can they do? Every day they’re becoming more and more powerless.

NCAA suspends Jim Harbaugh? Cool, we’ll just have him coach anyways. 
 

Scholarship reduction? Cool we’ll just use the transfer portal even harder. 
 

A postseason ban? Cool, we’ll still have the CFP select us because NCAA has no control over the CFP. 
 

A Fine? Lol 

In this era of NIL, do scholarship reductions matter? Just hit up some rich donors to take care of the non-scholarship players and move on.

And when it comes to the Stallions crap, I'd sue the NCAA for this rule of suspending a coach for something he was unaware of. 

Man we are awful

Cheeseburgers are a big deal 

And lying about them is mega big 

God this is all so insanely stupid 

This is all just BS on so many levels.  But, what is clear is that the NCAA intends to harass Harbaugh and UM for as long as it takes to get Harbaugh to leave college coaching and STFU about paying players.  JH is a very peculiar individual so what I can't predict is whether the harassment will cause him to say FU NCAA I'm staying or FU NCAA I'm going to the NFL.  Hard to say.  

Retaliators gonna retaliate.  
 

Let’s get the other 15 top programs and form the super league.  Revenue sharing will be for just those teams/players.  Hire a commissioner. Great games every week.  End the pretend NCAA for football.  

I'm guessing Warde Manuel is drafting his response back to the NCAA right now and it probably looks like this :

"We wholeheartedly agree with this level 1 violation and accept all forms of punishment you will send down to the football program.

Your boy,

Warde.

"

This was expected of course, but the timing is ridiculous. This is what happens when a school disagrees with the NCAA - now they are annoyed that they have to get off their asses and try to prove something. Good luck. 

The latest attempt to push Harbaugh back to the NFL 

Thank you, sir, may I have another!

If Michigan wins the Rose Bowl, expect the NOA from Sign-Gate to drop the week leading up to the title game. 

I know what our exact response should be:

BET

NIL and the Transfer Portal are a complete unregulated mess and they are still screwing around with this stuff?