Updated On 12 Nov. 2023
Michigan Football : Attorneys for Michigan and football coach Jim Harbaugh filed a breach of contract complaint Friday night, asking a state judge to stop the Big Ten from suspending Harbaugh this weekend.
In addition to the first case, Michigan and Harbaugh filed an application for an emergency temporary restraining order. They contended that keeping Harbaugh away from the No. 3-ranked Wolverines for Saturday’s top-10 game against Penn State would irreparably injure the coach, the players, and the university.
The two affidavits, each more than 20 pages long, were filed just hours after Big Ten commissioner Tony Petitti announced that Harbaugh will be suspended for the next three games of Michigan’s regular season due to the football programme breaking the league’s sportsmanship code.
According to Michigan’s attorneys, the Big Ten failed to provide Harbaugh or the school with the due process rights specified in its own regulations. They claim that the disruption to a season in which the team has a chance to win a national title is “threatening the loss of a once-in-a-lifetime opportunity for dozens of student athletes and irreversible harm to the University’s and Harbaugh’s reputation.”
Harbaugh’s Battle: Michigan Court Decision Looms
According to a source, Washtenaw County Trial Court Judge Carol Kuhnke will rule on the restraining order. To grant a temporary restraining order, Kuhnke must conclude that Harbaugh and Michigan had a fair likelihood of showing that the Big Ten is violating its own rules and that the two parties would suffer “irreparable harm” if the court did not act quickly.
If the judge issues a restraining order before Saturday’s noon ET kickoff, all parties will have an opportunity to present their case during an injunction hearing sometime within the next 14 days. Michigan’s regular season concludes 14 days from Saturday with a home game versus rival and top-ranked Ohio State.
Petitti stated in a letter explaining the conference’s decision to suspend Harbaugh that he received ample evidence from the NCAA to prove that a Michigan staff member – presumably Connor Stalions, who resigned from the team last week – orchestrated a scheme to steal future opponents’ playcalling signals by paying several people to go on illegal in-person scouting trips.
Michigan’s lawyers contended that Petitti’s conduct violated the conference’s contract with its members by utilising the sportsmanship policy to punish Harbaugh rather than waiting for the outcome of an ongoing NCAA investigation into the alleged scam.
The sportsmanship policy, according to Big Ten rules, may only be utilised to punish an individual “found to have committed an offensive action” or the institution accountable for that person. Petitti stated on Friday that he was punishing the institution rather than Harbaugh by pulling him off the pitch. Michigan’s lawyers contended that Harbaugh does not qualify as the institution and hence should not be sanctioned individually.
” The actions taken by the Defendant Conference were fraudulent, unlawful, unethical, unjustified, and inherently wrongful. It further contends that these actions were executed with malice and with the improper intent of causing the termination or disruption of Plaintiff Harbaugh’s relationship and expectancy.” they wrote.
The lawyers argued that this case meets the threshold for irreparable harm because of the potential reputational harm to the school and the coach, stating that it is “impossible to quantify the entirety of the significant harm that will befall the University absent injunctive relief, but there can be no doubt that the University, its students, and the community will suffer greatly.”
For Harbaugh, the report went on to say: “No greater damage could be inflicted on his character and reputation than being permanently labeled as ‘missing in action’ due to an alleged—yet unverified—cheating scandal. “
They argued to the judge that the Big Ten would not incur any harm by waiting for the NCAA’s investigation to be completed before implementing any appropriate sanctions. According to the lawyers, the conference would benefit from determining if a punishment is warranted, “particularly in light of recent news accounts suggesting that the alleged conduct is more widespread than previously realised.”
Petitti stated in his letter on Friday that he felt some action was required to restore competitive fairness this season after the Big Ten found Michigan in violation of the sportsmanship standard earlier this season.
Harbaugh arrived at Penn State on Friday afternoon and spent the night with the squad. Kuhnke’s decision could come at any time between Friday night and Saturday’s noon opener.
If Harbaugh’s restraining order is not granted, offensive coordinator Sherrone Moore would serve as acting head coach versus Penn State, according to the team.
