NCAA Bylaw, Article 11

Submitted by Mattinboots on October 23rd, 2023 at 6:10 PM

As folks keep discussing what rules apply and how, here is the link to the whole article 11:  https://web3.ncaa.org/lsdbi/search/bylawView?id=11563

11.6.1 is the in-person scouting rule said to be broken. "Off-campus, in-person scouting of future opponents (in the same season) is prohibited, except as provided in Bylaws 11.6.1.1 and 11.6.1.2. (Adopted: 1/11/94 effective 8/1/94, Revised: 1/14/97 effective 8/1/97, 1/19/13 effective 8/1/13, 1/15/14)"

 

But two other interesting rules are:

1) the "General Principles" rule at the beginning (11.01.1): Exemplary Conduct. Individuals employed by or associated with member institutions for the administration, the conduct or the coaching of intercollegiate athletics are, in the final analysis, teachers of young people. Their responsibility is an affirmative one, and they must do more than avoid improper conduct or questionable acts. Their own moral values must be so certain and positive that those younger and more pliable will be influenced by a fine example. Much more is expected of them than of the less critically placed citizen. (Revised: 8/31/22 effective 1/1/23).  

2) 11.1.1.1 Responsibility of Head Coach. An institution's head coach shall be held responsible for the head coach's actions and the actions of all institutional staff members who report, directly or indirectly, to the head coach. In order to assist the NCAA Division I Committee on Infractions in penalty deliberations, the enforcement staff will gather information regarding whether the head coach promoted an atmosphere of compliance within the program and monitored the activities of all institutional staff members involved with the program who report, directly or indirectly, to the coach. (Adopted: 4/28/05, Revised: 10/30/12, 7/16/14, 8/31/22 effective 1/1/23)

 

No analysis of this will help with analyzing potential penalties.  But regardless of the grey-area our intrepid young associate is purported to have played in with respect to 11.6.1, he did, if what is being reported is true, violate 11.01.1.  So who knows where this will go, but hopefully these links will provide a basis for fruitful discussion on the mgoboard.

GoWings2008

October 23rd, 2023 at 6:16 PM ^

If Michigan is cleared of all wrong doing, I suspect the "revised" dates to be changed to something reflecting 2023 or 2024 and those by laws to change somewhat

mi93

October 23rd, 2023 at 9:42 PM ^

osu was 'caught' using tablets on the sideline in the Pryor era, but I don't recall anything coming of it.  I have no idea why a) they did it and b) why nothing came of it, but I'm with you.  Let them all have all the available tech.

Frankly, sports at this level is on the job training (regardless of the fact that less than 10% will actually make it), so let them use the tools they'll get on the job.

Sopwith

October 23rd, 2023 at 6:18 PM ^

The NCAA has no interest in opening the "moral values" Pandora's Box by enforcing 11.01.1 when they can barely even show an interest in substantive non-cheeseburger bylaws. It's 11.6.1 or it's nothing.

Also the rule was changed in 1994 not to police the morality of "sign stealing" (because obviously, they could have just said "don't do that"), it was changed because schools on limited budgets didn't want to shell out for all the travel. 

Brhino

October 23rd, 2023 at 6:20 PM ^

The NCAA: "Their own moral values must be so certain and positive that those younger and more pliable will be influenced by a fine example."

Every Fan of a Team with a Losing Record: "Do you think we can get Urban Meyer?"

MeanJoe07

October 23rd, 2023 at 6:22 PM ^

Interpretation: A head coach can, at the discretion of the NCAA, be vicariously responsible for any and every action of any direct or indirect employee should such a standard be selectively useful to the NCAA in matters related to, but not limited to, controlling narratives and exerting our will as we see fit to accomplish our personal goals and for purposes of, but not limited to, achieving the outcomes that we subjectively deem just, fair, and necessary to uphold the high standards and morals as we define them because we fucking said so and we feel like it. Fuck Harbaugh, amen.

 

UPMichigan

October 23rd, 2023 at 6:26 PM ^

You guys can all scream about this over the next few weeks and let me know what the consensus is after that.

The only thing I’ll say is that the kid shouldn’t have gone to the extent he did, but a good lawyer will be able to prove that he legally found a loophole that isn’t punishable due to the nature in which the rule is written.

Goggles Paisano

October 23rd, 2023 at 6:27 PM ^

According to the recent ESPN article that just posted in the last hour or two, young Mr. Stalions purchased tickets in his own name to 11 opponent games, with seats all around mid-field.  One school has camera footage of "that seat" with someone holding up an iphone filming the team sideline throughout the game.  Now, if this is all true, what was done with that film and knowledge?  Did it make its way to Harbaugh?  Hard to prove that.  

Pete Thamel seems to be digging in here.  Interesting to see if he digs into other teams to see how prevalent this is.  I'm guessing it's pretty prevalent.  Also, change your fucking signs! 

SalvatoreQuattro

October 23rd, 2023 at 6:35 PM ^

I think a lawsuit is highly likely either from UM or Harbaugh. 
 

NCAA has shown a pattern of inconsistent application of the organization’s rules as well as an apparent bias towards one Jim Harbaugh. I present the leaks and violation of their own rules by commenting on an investigation as evidence.

Then there is the violation itself. It pertains solely to a method of theft, not theft itself. The NCAA is effectively saying that theft is okay so long as it done by these approved methods. Absurd logic that exposes the underlying moral corruption within the sport.

Harbaugh is a fighter. These charges are a deep affront to his character. He will certainly fight any possible punishment in court. I also think that this makes it more likely for him to stay. Harbaugh isn’t a runner. He’s a fighter. That’s how he played and that’s how he coaches.

I hope he has a good wartime consigliere because the other families, backed by the NCAA,are coming after him hard. 

Darker Blue

October 23rd, 2023 at 7:07 PM ^

I don't understand this at all. 

I know what the rules say but it's a dumb fucking rule. 

If we crack your codes maybe it should be up to you to change your codes. 

The idea that this is improper is dumb. 

Fire the entire NCAA

Shorty the Bea…

October 23rd, 2023 at 7:40 PM ^

Fuck Stalions and no way some of the coaches didn't know.

Also, how the FUCK did Kansas basketball get off with pretty much nothing for clearly paying for talent when it wasn't legal???

Can we hire those lawyers and strap Stalions and all conspirators on a rocket to the sun?

DCGrad

October 23rd, 2023 at 7:41 PM ^

I have to confess. I was once offered tickets to a non-UM game by a friend. This friend worked for one of the universities involved. UM would later play both of these teams during the season. I took pictures of the sideline with said friend. I too, would be guilty of such a violation. I can only hope the NCAA hangman’s noose works quickly on me. 

ST3

October 23rd, 2023 at 9:33 PM ^

Imagine if the eighth commandment was, “Thou shall not steal, but if you do, do so legally. Thou shall not steal illegally.”

 I mean, the whole thing is so ridiculous.

247Hinsdale

October 23rd, 2023 at 10:34 PM ^

MGoLawyers please weigh in, but as I read this, Article 11 as a whole deals with the conduct of Athletics personnel, so if an Athletics Department employee, or volunteer with an official relationship with the University, were not themselves conducting the in-person scouting, 11.6.1 would not apply.  If what we has been conjectured is correct, that Stallions directed others to attend the games, but did not himself attend, I think most would agree this is a violation of the rule, but it seems to me it would not be a violation of the letter of the rule.  I suppose an argument could be made that if attendance were directed by an employee of the University, the attendees became agents of the University, but it seems unlikely Stallions was in a position with sufficient authority to designate agents, although the particulars of that argument are far beyond my own superficial understanding of agency law.

b618

October 24th, 2023 at 3:47 AM ^

They can't easily extend it to agents thereof.  Because all coaches watch film provided by paid 3rd parties and use that film, which has on it signals and plays.

If they do the "well, of course it means you can't pay someone else to do it for you, as that gets around the rule", defenses include "that's not what it says" and "if it did mean that, all coaches are openly doing that all the time, and you have never said a peep about it".

However, Michigan, seemingly being fond of self flagellation, might fall all over itself in haste to accept or even offer up punishments instead.  Let's see if Michigan has some backbone to stand up to ridiculous nonsense rules.

Spoke

October 24th, 2023 at 5:00 PM ^

In 1998 there was an adoption of an amendment to 11.6.1.

The “Rationale” discussion in the amendment’s legislative history appears to give some insight into who is prohibited from scouting an opponent:

“During the discussion of Proposal No. 24 on the Convention floor, it was clarified that the legislation would also preclude an institution from employing or paying the expenses of someone else, including professional scouting services, to scout the opponent. This clarification recently was confirmed by the membership services staff, but has not been widely known or adhered to as numerous institutions have purchased videotapes of opponents from scouting services.” https://web3.ncaa.org/lsdbi/search/proposalView?id=432

 

Later it states (after saying they are ok with institutions purchasing of tapes for basketball and volleyball teams during certain timeframes) that:

 

“….. permitting the purchase of these tapes does not undermine the basic intent of the prohibition against in-person scouting by members of the coaching staff.” https://web3.ncaa.org/lsdbi/search/proposalView?id=432

 

It appears 11.6.1 was written to prohibit scouting by “members of the coaching staff.” This was clarified (in what appears to be a discussion?) that this should also be interpreted to include “paying the expenses of someone else, including professional scouting services, to scout the opponent.” However, as noted in the Legislative History, it appears this clarification was not “widely known or adhered to.”  

LSA91

October 24th, 2023 at 10:44 AM ^

It sounds like Article 8 will be relevant too - it deals with institutional control, including use of non-staff members.  (Mostly for recruiting, from what I can tell, but scouting might fit in there as well.)