Amicus brief - any SignGate experts want to fact-check and suggest citations?

Submitted by rym on November 14th, 2023 at 7:34 AM

Who wants to give me a hand with the background section of the amicus brief? Here is an early draft of part of the section on which you can comment, fact-check, and suggest citations. Note that I’ll be closing this draft in a few hours, at which time the link will no longer work.

The amicus brief has over 1500 alumni co-signers. Thank you all for spreading the word. For anyone who wants to add their name in the next few hours, the link to the form is http://bit.ly/harbaughbrief

crg

November 14th, 2023 at 9:09 AM ^

This was exactly my consideration (also an engineer, but have had some formal legal training along the way).

The grey area in the "in-person scouting" rule regarding "third-parties" hasn't even been addressed by the ncaa... Stallions might have actually been right when he thought he found a loophole, despite the mass outrage by media and cfb personages (who almost certainly use similar advanced scouting of their own opponents).

It may end up being legal by the letter-of-the-law per the ncaa, yet the Big Ten could still contend it is against the "spirit" of the rules and thus be "unsportsmanlike"... which would be something if they take similar action against the other teams proven to have obtained opponents signs/signals by other, similar means (ncaa legal yet against the "spirit").

gbdub

November 14th, 2023 at 9:16 AM ^

I’m a little concerned with this sitting out here not password protected - shouldn’t it be locked to signatories of the brief, at least to avoid trolls?

maizenbluenc

November 14th, 2023 at 10:06 AM ^

Not a lawyer - but there is the whole thing about what constitutes in-person scouting vs 3rd party scouting and 3rd party videoing.

 

Also the bit about that risk to opposing players is essentially the same no matter how the signs were obtained. e.g., the risk to Michigan players vs Purdue, Rutgers or Ohio State was the same as the risk to Michigan opponent players.

 

Also, it seems very dangerous to set a precedent where a team or friends of that team can hire an investigative firm to illicitly obtain information on another team within the conference, turn that in to the NCAA, and then drive a sensationalized PR / smear campaign of mixed facts and innuendos through the press to bring sanctions on that other team before all facts and rule violations are determined.

Bluesince89

November 14th, 2023 at 10:09 AM ^

While I applaud this, you are a brave man inviting all these edits LOL. It's hard enough reconciling when working with two or three others and a client.

Best of luck! 

doubleblue2

November 14th, 2023 at 11:01 AM ^

I think it should be pointed out that a thorough reading of the ncaa rules appears to show that what Connor did is not illegal.   Our own Erik in Dayton made one analysis.  A very similar analysis appeared on bucknuts which is what I use to show people this fact since it’s written from the perspective of someone biased in the opposite direction from M   Further any sign sharing between teams is by definition in person advance scouting   

 

https://247sports.com/college/ohio-state/board/120/Contents/ttuns-potential-infractions-explained-219156809/

 

 

Don

November 14th, 2023 at 11:05 AM ^

Only a little bit tangential to this particular topic, but now there are Xitter accounts claiming that the NCAA "has offered immunity" to U-M players to encourage testifying against Harbaugh and/or the program.

KSmooth

November 14th, 2023 at 11:06 AM ^

Has this thing been hacked?  When I try to pull up the doc now I get a document with just about everything crossed out.  The first sentence is:

The Big Ten has a mountain of evidence on their own and from the NCAA and used that to suspended Jim Boogereatercaved to rival schools’ demands for immediate punishment of Michigan before an ongoing NCAA investigation was complete.

Which I sincerely doubt was in your draft.

rym

November 14th, 2023 at 11:59 AM ^

Locked, we’re good now — thank you for your help!  Many great comments and suggestions. I’ve saved them in a local copy and will review them all as I revise. We will post the full brief once it’s filed.

To avoid some confusion I see in a few posts above, what was posted was a draft of a tiny portion of the brief, not the brief itself.

The brief is about to pass 1,700 alumni signatures submitted through the web form, which I'm closing soon so we can finalize the list.

AlbanyBlue

November 14th, 2023 at 12:09 PM ^

This is great work, but I think it's probably going to go badly for Michigan on Friday.

Once I saw the part of the conference bylaws that basically says the commissioner can use whatever as evidence and decide on punishment as he / this four-member panel see fit, that rang the alarm bells for me.

A judge could simply say that the conference is following the by-laws that Michigan agreed to upon joining.

Or maybe I'm missing something.....how is Michigan planning to get around this?

djmagic

November 14th, 2023 at 2:12 PM ^

my guess is that they try to get around it with an argument which will assert that the Sportsmanship Policy is being misapplied here; that conference rules don't allow the SP to supersede the rule dictating that the conference must allow the NCAA to be first to walk through any door the NCAA opens.