What could happen if Michigan and Jim Harbaugh take their
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Pete Thamel Dan Murphy Close Dan Murphy ESPN Personnel Author Covers the Big Ten Joined ESPN.com in 2014 Graduate of the University of
Notre Dame Nov 9, 2023, 10:00 AM ET With the Big 10
- ‘s judgment on whether Michigan broke the league’s sportsmanship policy expected to arrive in the future, the focus
of the college football season’s most high-profile standoff could move to the courtroom.Big 10 commissioner Tony Petitti provided notification to Michigan that the conference was thinking about some form of discipline earlier today. A source verified to ESPN that Michigan reacted Wednesday with a 10-page letter that strongly prompted the league not to act, preparing for an immediate interest the justice system if Petitti doles out any sanctions.Sources regularly have told ESPN the anticipated penalty for any prevalent illicit sign-stealing program run by previous expert Connor Stalions has long been the suspension of coach Jim Harbaugh. The length of that possible suspension is uncertain.Editor’s Picks 2 Related Harbaugh served a three-game self-imposed suspension at the start of this season in action to allegations of NCAA hiring violations. Throughout that time, he was only forbidden from training the team on game days. Sources informed ESPN that Big Ten athletic directors explained to Petitti on a call last week that they desired any suspension of Harbaugh to be different. The athletic directors, per sources, pressed strongly for Harbaugh to not be permitted to get in the center or coach any aspect of the team at any time throughout the suspension.If Petitti does suspend Harbaugh today, sources stated Michigan has actually 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 actually suggested for days that both Harbaugh and Michigan have been preparing a legal rebuttal, the process of which most likely would include a lawsuit versus the Big 10 that requests for a preliminary injunction seeking to prevent the suspension.Legal experts informed ESPN that in order to get a decision in time for Saturday’s game– especially considered that Friday is a court holiday– Michigan would likely be requesting for an ex parte ruling
on a short-lived limiting order, implying the judge might make a decision after hearing Harbaugh’s argument before the Big 10 has a chance to react. The most likely location for a hearing today would be Washtenaw County Circuit Court in Ann Arbor.
(The other potential place would be federal court. )A retired chief judge from Washtenaw County Circuit Court, Donald Shelton, informed ESPN by means of email that the judge who hears the case for the short-lived limiting order would require to weigh 4 aspects: the possibility that Michigan would be successful in the suit in the end; evidence of permanent harm if the suspension remains in location while waiting for a trial; what the harm would be to each side if the injunction isn’t issued; and whether the public interest is being served by granting it.Shelton teaches at
UM Dearborn in the criminal justice department and noted he’s a Michigan law grad and football fan who flies a Michigan flag in the house. He joked that when he left the bench, he no longer required to be unbiased.But he offered a straight appraisal of the potential legal action with the proof of permanent damage being the”strong issue”for Michigan in this potential legal dispute.Shelton laid out Michigan’s argument for irreversible harm:”It would argue that each football game is special which suspending the coach from any of the upcoming games is a damage to him and the team that can not be reversed no matter the outcome of a future trial on the benefits. “The counterargument would be, Shelton anticipated:”The Big 10 would argue that the group and the games can go on without the head
coach without hinderance, as demonstrated by its success previously this season when Coach Harbaugh was suspended for 3 games by the NCAA.” There is recent precedent both for a
school looking for a short-lived injunction to secure a player’s eligibility and for a school taking legal action against its own conference.Eight Nebraska football players submitted a claim against the Big 10 in 2020 to revoke the league’s postponement of the fall football season. They did it in local court in Lancaster County
, which could be instructive for the instructions Michigan takes.(The Big 10 ultimately reversed course and ended up playing football in 2020.)Previous Memphis basketball star James Wiseman was given a momentary injunction from an NCAA ruling in 2019 and was enabled to play in 2 games. He later dropped the claim and left college to train for the NBA after playing in simply three college games.For a coach of Harbaugh’s profile to take legal action versus his own league during a season would be unprecedented. It might have high-stakes implications on the Wolverines ‘possible championship season and the long-term fate of one of the most recognizable coaches in the sport.The examination for Michigan is available in the wake of an NCAA investigation that began almost three weeks ago. The Big Ten revealed on Oct. 19 that it had actually informed other schools about the NCAA’s examination. Michigan suspended Stalions the following day, and he later resigned.ESPN has reported that Stalions bought tickets to 12 of 13 Big Ten schools and bought tickets to more than 35 games at 17 stadiums over the previous three years. The breadth of that declared sign-stealing ring has actually rankled authorities around the Big 10 and triggered both coaches and athletic directors to press hard for Petitti to penalize Michigan.