Fair Write up on the Harbaugh (Non)Suspension Issue

Submitted by MgofanNC on August 14th, 2023 at 9:44 AM

https://sports.yahoo.com/not-a-cheeseburger-comment-suggests-the-ncaa-is-hellbent-on-hitting-jim-harbaugh-hard-015020596.html?

 

Good Story by Wetzel here (No Paywall). Key Points:

  • NCAA is breaking its own rules by commenting on an ongoing case
  • Suspension is supposed to max at 6 games
  • NCAA seems to be up in its feelings about folks on X (Twitter) making light of the infractions by referring to it as a cheeseburger suspension
  • Harbaugh and UM are members of the NCAA and are subject to its rules and oversight 

First time post hope everything is above reproach here. 

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#harbaugh
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Bo Harbaugh

August 14th, 2023 at 12:05 PM ^

So the takeaway here is…

Everyone, keep shitting on the NCAA on social media, as its folks are so incompetent, insecure, and unhinged that they will break their own bylaws and further embarrass themselves and destroy any credibility remaining - most importantly as it pertains to Coach Harbaugh.

#cheeseburgergate

 

Joined: 08/03/2019

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Michigan Realist

August 14th, 2023 at 7:14 PM ^

No, I don’t think that’s it. Re read and maybe you’ll get it after you read it again. Might take 3 or more attempts though since reality doesn’t seem to be a strong point. 
 

I admire the poster though - It was a fair read and he didn’t whine. 

 

Joined: 02/01/2023

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PopeLando

August 14th, 2023 at 9:55 AM ^

Yep.

And their response is to break their own rules in order to try to spin it.

Just like they’re breaking their own rules to AVOID punishing Tennessee. According to NCAA bylaws, a bowl ban is REQUIRED for TN’s infractions. 

This reminds me of “Roger Goodell being so focused on getting the Patriots that he ends up punishing them for the laws of physics.”

Joined: 08/01/2015

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oriental andrew

August 14th, 2023 at 10:15 AM ^

Per Wetzel, they violated bylaw 19.3.1 which checks out. They completely violated their own bylaw quite overtly. 

19.3.1 Public Disclosure. Except as provided in this article, an institution, including its representatives or legal counsel; any individual subject to NCAA bylaws, including their representative or legal counsel; the NCAA National Office; the Committee on Infractions; and the Infractions Appeals Committee shall not make public disclosures about a pending case until the case has been announced in accordance with prescribed procedures. However, if information concerning a case is made public, the parties may confirm, correct or deny the information made public. Parties who fail to satisfy public disclosure and confidentiality requirements may be sanctioned by the Committee on Infractions or the Infractions Appeals Committee. (Adopted: 10/30/12 effective 8/1/13, 8/31/22 effective 1/1/23)

There is no bylaw 5.16.1, although I suspect there was a typo and it was actually related to bylaws 16 which are about benefits - but I'm not about to go through all of those arcane bylaws right now. 

Joined: 06/30/2008

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DelhiWolverine

August 14th, 2023 at 11:12 AM ^

However, if information concerning a case is made public, the parties may confirm, correct or deny the information made public.
 

Can the NCAA justify their comments by citing this part of the bylaw? Do leaks concerning information about the case qualify as information being made public? Not trying to be a smartass here - I just have genuine questions that I bet some MgoLawyers could answer. 

Joined: 11/26/2017

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el segundo

August 14th, 2023 at 12:25 PM ^

I think you're right and that the NCAA's comment is framed with this provision in mind. The focus of the comment is that the case is "not about a cheeseburger," which seems aimed at refuting earlier public statements by Harbaugh and others. The rest of the NCAA comment is a summary of procedure and general policy, not a statement about details of Harbaugh's case. 

Joined: 04/17/2009

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DelhiWolverine

August 14th, 2023 at 8:18 PM ^

No, I don’t believe Harbaugh or his reps have made a peep. But *someone* leaked some of the details to the press and that’s how we know about some of it like the whole cheeseburger thing.  
 

There’sa bit of speculation that the NCAA was the source of the leaks and if they were, it’s a pretty slimy move to anonymously leak the details in order to publicly comment on them. 

Joined: 11/26/2017

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AWAS

August 14th, 2023 at 9:57 AM ^

It is time for the leaders at Michigan (I'm looking at you, Santa and Warde) to step up and call the NCAA out on this behavior.  They can demand the NCAA investigate their own VP for a violation of the bylaws (ha!).  Or show the committee a draft of the lawsuit that will be the next act in this farce, should this shitshow continue.

Joined: 01/02/2018

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AWAS

August 14th, 2023 at 11:34 AM ^

I'm not a spin doctor, but it sure seems that there is a lot that can be said without saying anything directly related to the current situation.

My thought is that they should call out the NCAA for a violation of their own bylaws, by issuing a press release about an investigation that UM will continue to not comment on.  However, UM should comment on the lack of discipline and the appearance of hypocrisy associated with the NCAA VP's statement in violation of their own bylaws.  

It could also comment on the expectation that anyone subject NCAA scrutiny will receive a full and fair hearing, and an adjudication based on due process and finding of actual facts in accordance with the bylaws (without, of course, referencing any specific investigation). 

Joined: 01/02/2018

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Michigan Shirt

August 14th, 2023 at 5:15 PM ^

Tom Mars responded with a second statment that made it seem like someone could now comment on the post to clarify or correct any information that has been made public by another party (the COI in this case). Although I believe the University will stick to the high ground here and use it in the upcoming hearing to their benefit.

Joined: 02/05/2010

MGoPoints: 2097

mGrowOld

August 14th, 2023 at 11:11 AM ^

They should but they wont.  They will sit quietly (the Warde supporters will attribute this to his amazing work "behind the scenes") while the NCAA conducts a show trial the Soviets would be proud of.  Michigan will get hit with a ridiculous punishment and Harbaugh will get suspended for far longer than his "crime" would suggest.   Then, after the Raiders fire McDaniels after this year Jim will take over as HC for the Las Vegas Raiders in 2024 rather than serve what has to feel is a completely unjust suspension.

What they should be doing right now is holding a press conference to publicly blast the NCAA for their selective enforcement of the rules.  They should point out the situation in Tennessee, at Georgia and Alabama (baseball & basketball) and call them out for going after Michigan for something as trivial as Cheeseburgers.  And they should sign Jim to the biggest and fattest HC contract in college football history.  And they should do this while reminding the NCAA that THEY broke the confidentiality clause first which opened the door for this response.

But they wont.  Dammit, they wont.

 

Joined: 10/04/2010

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Don

August 14th, 2023 at 3:30 PM ^

Texas: Hey everybody, we just spend almost $280,000 hosting a bunch of recruits including 5-star Arch Manning. We put all the recruits and the families up at the 4 Seasons in Austin, with personalized cakes and refreshments when they arrived.

"To end the first night of the visit, the dinner arrangement for the recruits and their families totaled $29,129.40. The after-dinner parent social produced a pool bar tab of $11,880 – allowed by purchase via donation.

Highlights from day two included breakfast at the stadium racking up a $10,226 check, a facility and campus tour, and a trip to TopGolf for $9,497.72. Dinner at III Forks cost $36,900 and the after-dinner soiree racked up a $31,628.75 bill. The night also included an hour-long cruise accompanied by desserts, an experience that cost $2,357.50."

https://www.usatoday.com/story/sports/ncaaf/big12/2022/09/16/arch-manning-texas-football-recruit-visit/10398301002/

NCAA: This is totally fine. There is no violation either of the letter or the spirit of our regulations regarding recruiting practices.

Michigan: Um, two recruits who had already committed to Michigan made an unscheduled visit during the pandemic, and they had cheeseburgers with Jim Harbaugh at the Brown Jug. 

NCAA: This is a rules violation that gave Michigan an unfair recruiting advantage.

..................

That this is completely absurd should be pointed out by Warde Manuel on a daily basis.

Joined: 06/30/2008

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Amazinblu

August 14th, 2023 at 10:07 AM ^

Is the correct process as follows?

0. An NCAA member institution may self report violations.  (Not sure if this is the case in this situation - but, Michigan has self-reported many times in the past.)

1. NCAA sends Notice of Allegations to the institution (in this case, Michigan)

2. Institution reviews the Notice of Allegations and provides a response.

3. An approach / solution is prepared to address any penalties / sanctions associated with the Notice.

4. After the solution is developed, the Committee on Infractions reviews and approves the penalties / sanctions.

5. The institution follows the penalties / sanctions.

6. At no time, until step 4 above has been completed - will either party (the NCAA or member institution) comment on the specifics associated with the Notice.

 

My question is - was this followed?   Did everything begin with Michigan "self reporting" items?

Joined: 01/22/2010

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Wallaby Court

August 14th, 2023 at 10:38 AM ^

I am not sure about step 0, but I believe that steps 1 through 6 are correct. However, there appears to be an alternate step 0 in which the NCAA investigators and a member school can negotiate a settlement before hitting step 1. Michigan and the NCAA were engaged in that process until recently. To my understanding, the NCAA has not sent a notice of allegations to Michigan, which is why no one has a clear picture of Michigan's claimed transgressions.

Joined: 11/08/2008

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jcgary

August 14th, 2023 at 10:09 AM ^

I have seen a lot of comments in the other board posts about this say something along the lines of why is this an issue here but Alabama, Georgia, Clemson etc don't get looked at this hard.  

Derrick Crawford who made the statement on twitter and is head of the infractions committee is an Alabama alumnus.  Wonder if that is why the SEC never gets looked at under the same microscope?  Maybe that is also why he doesn't like Harbaugh and is good chasing him back to the NFL.  

https://www.ncaa.org/news/2021/5/10/derrick-crawford-named-vp-of-hearing-operations.aspx

Joined: 07/28/2008

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Amazinblu

August 14th, 2023 at 10:18 AM ^

Derrick Crawford appears to have been the NCAA's Director of Enforcement since 2013.

Can you name a single NIL related enforcement that has been made public?

Do you recall the NCAA actions that were taken against the University of North Carolina when apparently "fictitious" classes were held for athletes?

Any comments about the parking lots at numerous schools that were filled with Chargers and Challengers prior to NIL being implemented?

What exactly has this guy done for the last decade at the NCAA?

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