On Rivals there is an article where the Big Ten Director of Compliance finally clears up this whole conversation on whether EE's count against, in this case, '09 or '10. Here is the link (behind a paywall): http://michigan.rivals.com/showmsg.asp?fid=338&mid=129171068&sid=883&tid...
In sum, a school has the option of which class they want to count it against. Another thing for each school to consider is their total number of scholarships because that could limit them. Witty and other EE's will be counted toward '09 or '10 and it will most likely be split to maximize numbers since we aren't in danger of surpassing the 85 total.
I'm a daily reader and haven't seen this posted yet. If this is a double post and this was definitively answered for everyone already, forgive me.
there would have to be some to wash away