The negotiated resolution between Michigan football coach Jim Harbaugh and the NCAA over alleged recruiting violations was not approved by the NCAA Committee on Infractions, sources confirmed to ESPN on Saturday, which leaves the timing of Harbaugh’s expected suspension uncertain.
It had been widely expected that the committee would approve a four-game suspension for Harbaugh to start the 2023 season, but that hit roadblocks this week, according to sources.
Sources cautioned to ESPN that the next steps are uncertain, and Harbaugh’s status to start the season or any potential suspension has yet to be determined. The case could go to a full hearing of the committee or Michigan could attempt to self-impose penalties.
This step doesn’t mean that Harbaugh has avoided trouble, but rather faces other avenues before he is expected to be punished. The scope of that punishment is now subject to variance, especially if the full infractions process plays out. A push to a full hearing would mean a resolution probably wouldn’t come for months.
Yahoo Sports was first to report news of the deal between Harbaugh and the NCAA falling through.
In a rare case of an official comment during an ongoing case, the NCAA issued a statement later Saturday hinting that Harbaugh was not cooperative with the investigation.
“The Michigan infractions case is related to impermissible on and off-campus recruiting during the COVID-19 dead period and impermissible coaching activities — not a cheeseburger,” said Derrick Crawford, the NCAA vice president of hearing operations, in reference to a common over-simplification of the case in some media circles that distilled it to buying burgers. “It is not uncommon for the COI to seek clarification on key facts prior to accepting.”
The statement continued, “the COI may also reject an NR [negotiated resolution] if it determines that the agreement is not in the best interests of the Association or the penalties are not reasonable. If the involved parties cannot resolve a case through the negotiated resolution process, it may proceed to a hearing, but the committee believes cooperation is the best avenue to quickly resolve issues.”
Tom Mars, Harbaugh’s attorney, also issued a statement Saturday, saying, “Pursuant to the NCAA’s internal operating procedures, and under threat of penalties, Michigan, the involved coaches, and their lawyers are prohibited from uttering a word about this ongoing case. Yet the NCAA can issue a public statement putting its spin on the case?”
The NCAA is investigating Michigan for alleged recruiting violations that occurred during the COVID-19 dead period. Harbaugh is facing a potential Level I violation for failing to cooperate with NCAA enforcement staff, sources told ESPN last month. Additionally, the program faces four Level II violations, which are less significant in scope.
Prior to the deal being rejected, Harbaugh was expected to receive a four-game ban to start the season. Michigan begins with four home games — East Carolina, UNLV, Bowling Green and the Big Ten opener against Rutgers. Harbaugh would have been able to coach in practice during the proposed suspension, which essentially would have punished him only on game days.
Harbaugh, who has led Michigan to two consecutive conference championships and College Football Playoff appearances, said he could not speak about the NCAA’s investigation when pressed on the matter at last month’s Big Ten media days.
“I’m not allowed to talk about any aspect of that ongoing situation,” Harbaugh said. “I’d love to lay it all out there. There’s nothing to be ashamed of, but now is not that time.”
Harbaugh is entering his ninth season at Michigan, his alma mater, and has an overall record of 74-25. The Wolverines are the media’s preseason pick to win the Big Ten for a third straight year.
