Just eight months ago, Michigan and the Big Ten avoided a courtroom battle by settling a case related to the conference’s suspension of then-head football coach Jim Harbaugh over an alleged sign-stealing scheme involving former Wolverines football analyst Connor Stalions.
However, legal troubles could be resurfacing, as ESPN reported on Sunday that a draft of the NCAA’s notice of allegations accuses new Michigan head coach Sherrone Moore of deleting a thread of 52 texts with Stalions on the day the scandal broke last October.
Moore might face a show-cause penalty and suspension, with potential sanctions also affecting several staff members and the university itself.
A show-cause penalty can effectively render a coach unemployable at NCAA member institutions, requiring the employing school to prove to the NCAA that it has adequately punished the coach—such as through firing or suspending them. If the NCAA deems the school’s punishment insufficient, it can impose additional sanctions on the institution.
A show-cause penalty can also impact a coach’s career if they move to a new NCAA coaching position, as the hiring school might face sanctions for bringing the coach on board. Some coaches with show-cause penalties opt for jobs in the NFL; for instance, former Tennessee head coach Jeremy Pruitt, who faces a show-cause penalty through 2029, is currently employed by the New York Giants.
If the NCAA penalizes Moore, Michigan might have grounds to terminate him for cause, allowing the school to end his contract without paying the remaining amount. Typically, Division I coaches’ contracts include clauses that permit schools to fire a coach without severance if the coach is found in violation of major NCAA rules.
Earlier this year, Michigan signed Moore to a five-year, $27.5 million contract. The memorandum of understanding from Michigan athletics director Warde Manuel specifies that Moore must “comply with the constitution, bylaws, and interpretations of all NCAA, Big Ten Conference, and university Rules.” It also states that if Michigan terminates Moore without cause—such as underperformance or a general desire for a coaching change—the school would owe him 75% of the remaining contract value, with potential offsets if he secures another position. The decision on whether Michigan would stand by Moore in the event of NCAA penalties could become a significant issue.
New Los Angeles Chargers head coach Jim Harbaugh, who led the Wolverines to a national title on January 8, 2024, is also facing potential NCAA penalties, including a possible show-cause order. According to ESPN, although the NCAA found no evidence that Harbaugh was aware of Stalions’ actions, he is still held accountable due to his role as head coach and alleged failure to act on red flags. NCAA bylaw 11.1.1.1 holds Harbaugh responsible for the actions of his staff, requiring him to “promote an atmosphere of compliance within the program and monitor the activities of all institutional staff members.”
Since Harbaugh, 60, is now with an NFL team, any NCAA penalties would not affect his current employment. However, if he wishes to return to college football in the future, such penalties could potentially impact that goal.
Harbaugh’s attorney, Tom Mars, criticized the NCAA’s actions. “I told the NCAA back in February that they shouldn’t bother sending me anything related to the sign-stealing case,” Mars told Sportico on Sunday. “I informed Coach Harbaugh that the NCAA would likely go through the motions to appear objective and that defending against a predetermined guilty verdict would be a waste of resources.”
Mars also emphasized, “There’s no reason for Coach Harbaugh to let the NCAA distract him from focusing on winning a Super Bowl. Knowing him as well as I do, I’m 100% confident he won’t.”
Michigan and those implicated in the Stalions scandal may consider legal action against the NCAA. According to ESPN, the NCAA uncovered evidence of deleted texts through “device imaging” and from Moore later producing the texts. Investigators also relied on “ticket information, film, photographs, and interviews” to determine that Stalions illegally scouted Michigan’s future opponents from 2021 to 2023, including disguising himself in Central Michigan coaching gear. NCAA bylaw 11.6.1, adopted in 1994, prohibits off-campus, in-person scouting of future opponents. Potential NCAA sanctions against Michigan could include fines, vacating records, and scholarship reductions.
Should Moore, Harbaugh, or Michigan challenge the NCAA’s findings, they might pursue legal action for breach of contract and antitrust violations. The argument would be that the NCAA misinterpreted its own rules and that the NCAA, along with its member conferences and schools, engaged in anticompetitive practices to unfairly penalize the Wolverines.
In any potential legal action, the limitations of the NCAA and its enforcement staff could be crucial. As a private organization rather than a government entity, the NCAA lacks subpoena power and cannot compel testimony. It primarily relies on voluntary cooperation, which may limit its access to crucial evidence like emails and texts, leading to potentially incomplete or unreliable findings. Those who provide information to the NCAA are not under oath and thus are not at risk of perjury charges, which might encourage some individuals to shift blame to protect themselves.
Historically, the NCAA has generally succeeded in defending its rule interpretations in court, as courts usually grant significant deference to private membership organizations. Provided the NCAA applies its rules in a manner that is not arbitrary or capricious, its actions typically withstand legal scrutiny.
However, the NCAA has faced legal challenges in recent years, particularly regarding antitrust issues. The organization is currently seeking to settle antitrust class action lawsuits related to player compensation, which could result in a multi-billion-dollar settlement and potentially transform college sports into a model more akin to professional sports.