Michigan vs. the Big Ten: What’s next in a potentially epic battle
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Adam Rittenberg
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Adam Rittenberg
ESPN Senior Writer
- College football reporter.
- Joined ESPN.com in 2008.
- Graduate of Northwestern University.
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Dan Murphy
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Dan Murphy
ESPN Staff Writer
- Covers the Big Ten
- Joined ESPN.com in 2014
- Graduate of the University of Notre Dame
The showdown between Michigan and the Big Ten Conference is approaching a crossroads.
While an NCAA investigation into Michigan’s alleged off-campus scouting and signal stealing plods along, the Big Ten is poised to impose discipline for violating its sportsmanship policy. The league recently sent Michigan a notice of disciplinary action, required by the sportsmanship policy “in the event it becomes clear that an institution is likely to be subjected to” penalties.
Michigan was expected to send its response to the Big Ten by the end of Wednesday, but any discipline from league commissioner Tony Petitti was not expected until Thursday at the earliest. The likeliest penalties, including a suspension, would focus on Michigan coach Jim Harbaugh rather than the entire team, sources told ESPN. Former Michigan staff member Connor Stalions, at the center of the NCAA’s investigation, resigned from his position Friday after initially being suspended with pay.
The biggest question around college football this week is: What will Petitti do?
The first-year commissioner had drawn positive reviews around the league so far, especially after the brief and rocky tenure of predecessor Kevin Warren. But the Michigan controversy has sparked emotions and divisions within the league. Last week, Petitti heard from Big Ten coaches and athletic directors, many of whom strongly encouraged him to act against Michigan, even though the NCAA investigative and infractions process is far from over. He also met on campus with Michigan president Santa Ono, who had urged Petitti in an email before their meeting to respect due process and let the NCAA’s investigation play out (Ono shared his letter with the other Big Ten presidents and chancellors). Michigan sources have made it clear that if Petitti imposes discipline, the school will use every available legal recourse to fight back.
“This is going to get ugly,” a Michigan source told ESPN. “We don’t think this is fair that 13 schools gang up on one and the commissioner will just give in. Does [Petitti] have the authority? No question. But we have a lot of levers of power, too.”
With a decision coming as soon as today, let’s examine each side’s position and what could happen if the situation reaches a courtroom.
Where the Big Ten stands
When the NCAA began its investigation of Michigan last month, the Big Ten appeared ready to watch from the sidelines. The league issued a statement Oct. 19 saying that it had notified Michigan’s upcoming opponents, but beyond that, would simply “continue to monitor the [NCAA] investigation.”
As new details emerged about the lengths Stalions allegedly went to obtain opponents’ signals, though, the Big Ten noted to ESPN that it could take action against Michigan before the NCAA’s lengthy investigative and infractions process concluded, by imposing penalties through the conference’s sportsmanship policy. A Big Ten source told ESPN on Oct. 24 that the league would want to have “as full of a picture of what the facts actually are, if we were to act” before the NCAA completes its investigation.
The Big Ten believes it has the facts to be certain that Michigan illegally obtained signals, which the league considers serious. The league has been communicating with the NCAA, and has been following new information, including last week’s revelation that an unidentified man resembling Stalions appeared on Central Michigan’s sideline dressed like a coach for the Chippewas’ Sept. 1 opener at Michigan State.
Evidence has not yet emerged showing Harbaugh knew or orchestrated the off-campus scouting, according to sources. But the Big Ten views Harbaugh as being responsible for everything in the program, whether he has knowledge of it or not. The league could cite NCAA bylaw 11.1.1.1, which states: “An institution’s head coach is presumed to be responsible for the actions of all institutional staff members who report, directly or indirectly, to the head coach.”
The Big Ten’s sportsmanship policy, a brief and somewhat vaguely written document that has been revised only once since 2013, grants Petitti “exclusive authority” to determine whether violations have occurred, and to dole out discipline. Petitti would be leaning into the policy if he chooses to suspend Harbaugh, possibly noting factors outlined in considering discipline, such as, “the manner in which the offensive action fits within the context of the rules of the game for the sport at issue.”
The length of a Harbaugh suspension is also worth monitoring. A two-game suspension — covering Saturday’s game at Penn State and a Nov. 18 game at Maryland — would fall under standard discipline, which Petitti could impose on his own. Anything beyond two games is classified as “major” discipline, and would require approval from the Joint Group Executive Committee, which includes representatives from several league members. The JGEC can deny or lessen the penalties Petitti proposes, but sources do not expect it to be an obstacle for the commissioner.
How will Petitti react after Michigan sent the Big Ten documents that it says show three teams — Rutgers, Ohio State and Purdue — colluded to share Michigan’s signals in advance of Purdue’s matchup with the Wolverines in the 2022 Big Ten championship game? Although a Big Ten source told ESPN that the documents won’t impact the league’s pursuit of possible discipline for Michigan, Petitti and the league may face additional pressure to argue that Michigan’s situation was much different and much worse.
Where Michigan stands
Michigan planned to respond Wednesday to the Big Ten’s notice of potential of discipline, sources confirmed to ESPN. A source said the response is likely to reflect many of the same concerns that Ono shared in his letter to Petitti last week — namely asking the conference to respect the NCAA’s investigative process rather than act hastily in the face of pressure from other schools and the public.
“The reputation and livelihoods of coaches, students, and programs cannot be sacrificed in a rush to judgment, no matter how many and how loudly people protest otherwise,” Ono wrote last week. “Due process matters. We, as would any other member of the Big10, deserve nothing less. Our students, our coaches, our program — all are entitled to a fair, deliberate, thoughtful process.”
If the Big Ten does decide to discipline Harbaugh or the team, multiple sources have told ESPN that the university plans to use the legal system to fight back. Depending on the scope of the sanction, attorneys for the university or for Harbaugh could ask a judge for a temporary restraining order to delay a suspension.
According to multiple sources, the university plans to consult with attorneys from Williams & Connolly, a large, national firm based in Washington, to weigh their legal options. Harbaugh hired attorney Tom Mars to help with a different NCAA investigation and suspension earlier this year. Mars has served as an attorney for several coaches and college athletes battling the NCAA over eligibility issues or sanctions.
Michigan likely will argue that the Big Ten had agreed to monitor the NCAA investigation and await its results, and only intervened as a response to pressure from competitors within the conference. The Big Ten did not initiate its own investigation, which the sportsmanship policy allows, and has essentially been relying on information from various sources during an ongoing external probe. The information about Michigan only surfaced weeks ago, and college athletics have a long history of much more serious infractions that have taken much longer to be resolved.
“There’s not a lot of precedent for a conference stepping up to discipline a coach or a team before there’s been an investigation by the NCAA,” said Gabe Feldman, director of the Tulane Sports Law program and one of the nation’s leading experts on college sports legal issues. “It’s just a question of relatively new leadership in the Big Ten, new members coming into the Big Ten and some uncertainty as to the severity of the offense, whether the conference wants to set a precedent.”
The league’s own handbook also could be cited in the defense for Michigan/Harbaugh. In the “Enforcement Policies and Procedures” section, there is a heading for “NCAA Initiated Cases.” The handbook notes that the Big Ten’s Compliance and Reinstatement Committee, not the commissioner, would review any potential NCAA violations by one of its members.
The entry reads: “Where the NCAA initiates a preliminary or official inquiry with a member university the Conference will cooperate with university and NCAA representatives in the processing of that case through the normal NCAA investigation, hearing and appeal processes. While the case will be processed through normal NCAA channels, the Conference Compliance and Reinstatement Committee shall review the case and may impose additional penalties, if warranted, subsequent to the NCAA action.”
Attorneys for Michigan and/or Harbaugh could argue that the Big Ten isn’t following its own rules in letting a “normal NCAA investigation” play out, and is acting ahead of the NCAA, rather than imposing discipline “subsequent to the NCAA action.” The Big Ten will keep pointing to its sportsmanship policy, but Michigan could argue that this case, initiated by the NCAA, falls under a different category.
How a legal battle could go
If the Big Ten suspends Harbaugh, Michigan likely would seek an injunction or a temporary restraining order. If granted by a judge, the Big Ten’s discipline could be put on hold for a specified period.
Feldman thinks Michigan would have an uphill battle in court. Injunctions and temporary restraining orders aren’t handed out very often, and courts generally don’t want to interfere in the ability of a governing body — in this case, the Big Ten — to discipline its own members.
“The schools have agreed to these rules and have agreed to give disciplinary powers to the commissioner,” he said. “Now, that doesn’t mean that they can’t win the case. They’d have to show that [the Big Ten has] failed to follow the procedures they agreed to. You might be able to argue that they failed to defer to the NCAA in this particular case.”
According to Feldman, Michigan would have to establish that a suspension for Harbaugh would cause “irreparable harm” if the injunction or temporary restraining order isn’t granted. Given the proximity to the Big Ten championship game and the College Football Playoff, Michigan might have an easier time convincing a judge of Harbaugh’s value on the sideline.
Michigan also could point to a lack of evidence from the NCAA, especially connecting Harbaugh to what Stalions allegedly was doing. The Big Ten could counter by stating it had to act immediately, as the alleged violations impacted the current season.
“We know the NCAA will act slowly,” Feldman said. “They may not act in time for there to be a meaningful discipline for the parties that are involved. The idea is it gave them an unfair competitive advantage this year, so you’re allowing a team that cheated to maintain that advantage. Should the Big Ten have to wait for a process they know won’t play out quickly enough?”
For teams that aren’t playing in their conference championship games, this is it — the final chance to make a lasting impression on the College Football Playoff selection committee.
For some contenders, like Ole Miss, their regular-season résumé is now complete, and what happens in the fifth ranking on Tuesday night should be a strong indicator of their final placement on Selection Day. Others, like Miami, are banking on hope and help — and most importantly, one more win. It all began with the Egg Bowl on Friday — a game that not only kept Ole Miss in the playoff, but also technically in the SEC race.
That’s right — this thing is far from over, so check back after each game to see how the results will impact the playoff as the day unfolds.
Texas 27, Texas A&M 17
Rivalry Week presented its first shakeup of the top four when No. 16 Texas beat No. 3 Texas A&M — but it might not be all that jarring in the fifth ranking. The Aggies will likely drop to the 4-6 range behind Georgia. The Bulldogs have better wins including a 35-10 drubbing of … Texas. Georgia also has a better loss (to No. 10 Alabama), and has now clinched a spot in the SEC title game. The question is just how far Texas A&M will fall now that it has joined No. 5 Texas Tech, No. 6 Oregon and No. 7 Ole Miss in the one-loss club. The Aggies entered the weekend with a noticeable edge over Texas Tech in both strength of record (23 to 56) and strength of schedule (1 to 10). It’s possible the committee only drops the Aggies one spot, flipping them with Georgia, which means they’d still be in position to earn a first-round bye as the No. 4 seed. There would be a strong debate, though, about whether the Aggies, Texas Tech or Oregon, the latter which has impressed the committee lately by ranking in the top five in both offensive and defensive efficiency, deserves the highest seeding. The Aggies’ problem now is that they’d have to finish in the top four as an at-large team because they just got knocked out of the SEC title game.
While Texas now has arguably the best win in the country, it probably won’t be enough to catapult it into the top-10 as a three-loss team. Even with some upsets above them, it’s unlikely Texas would get higher than No. 12.
Indiana 56, Purdue 3
Indiana clinched a spot in the Big Ten championship game with its win against rival Purdue, locking in a CFP bid and beefing up its chances at keeping a first-round bye on Selection Day. The Hoosiers, who have been the committee’s No. 2 team in each of the first four rankings, still have a chance of grabbing the No. 1 spot in Tuesday’s ranking if Ohio State loses to Michigan. If the Buckeyes lose and Oregon wins Indiana will face Oregon in the Big Ten title game. If Michigan wins and Oregon loses the Hoosiers will face Michigan for the conference title.
The question is whether IU can maintain a top-four seed and a first-round bye as the Big Ten runner-up. If Indiana lost the title game, the committee would consider where their opponent was ranked and how close the game was. The Hoosiers would also be compared with other top one-loss teams, but playing a ranked opponent in the conference championship game — win or lose — would boost IU’s record strength by the committee’s metric.
Georgia 16, Georgia Tech 9
Georgia should keep its place as the committee’s top one-loss team following its win against rival Georgia Tech. Georgia’s Oct. 18 win against Ole Miss, along with their win at Tennessee and drubbing of Texas, impressed the committee. The Bulldogs’ consistency on offense and defense has also played well with the committee. Georgia’s first-round bye would only be in question at this point if it finishes as a two-loss SEC runner-up.
Barring an unusual combination of ACC results, No. 23 Georgia Tech will be out of the playoff at 9-3. The only way the Yellow Jackets can extend their playoff hope is through the ACC championship game. They entered the weekend with a 1.5% chance of making the game, according to ESPN Analytics.
Ole Miss 38, Mississippi State 19
With its win against rival Mississippi State on Friday, Ole Miss likely locked up a playoff spot and remains in a strong position to host a first-round home game. If Alabama loses to Auburn on Saturday, Ole Miss will clinch a spot in the SEC championship game. Even if it doesn’t, though, the one-loss Rebels should still be a CFP lock.
As for the uncertainty still looming around coach Lane Kiffin, if Ole Miss turns to an interim head coach for the playoff, the selection committee could consider that. CFP protocol states the group will consider “other relevant factors such as unavailability of key players and coaches that may have affected a team’s performance during the season or likely will affect its postseason performance.” Ole Miss won’t miss the playoff because Kiffin left for another job, but it could get dinged a spot or two if the committee thinks the team won’t be the same without him.
Utah 31, Kansas 21
No. 13 Utah punctuated its résumé with a win against 5-7 Kansas, but it’s still unlikely to reach the playoff without multiple upsets of teams above it — especially after just being leapfrogged by No. 12 Miami in the latest CFP ranking. Even with a win, to reach the Big 12 championship game, Utah still needs Texas Tech to lose and for both BYU and Arizona State to win. The Utes’ best hope to reach the CFP is still as an at-large team.
Getting that bid isn’t inconceivable if a combination of two-loss teams above them lose. If Oklahoma, Alabama and Miami lose, it would be difficult for any of them to stay in the top 12 as three-loss teams. Utah would need at least two of them to lose to move into the top 10, which is where it would need to be to actually be seeded in the field. The No. 11 and No. 12 teams this year will be excluded during the seeding process to make room for the fourth- and fifth-highest ranked conference champions.
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Mark Schlabach
STARKVILLE, Miss. — Lane Kiffin said he’ll decide Saturday whether he will return as Ole Miss‘ coach in 2026 or take another job, presumably at LSU, which is trying to poach him from its SEC rival with a lucrative contract offer that will make him one of the highest-paid coaches in college football.
Kiffin, while speaking to reporters after the No. 7 Rebels’ 38-19 victory at Mississippi State in Friday’s Egg Bowl at Davis Wade Stadium, would only say that he’ll have to make a decision one way or the other, after Ole Miss athletics director Keith Carter and chancellor Glenn Boyce said they needed an answer by Saturday.
“I feel like I’ve got to,” Kiffin said.
When Kiffin was asked if he had made up his mind about where he’ll be coaching next season, he said, “Yeah, I haven’t. Maybe that surprises you. But, you know, I’ve got to do some praying and figure this thing out.”
Kiffin said he planned to attend his son’s high school playoff game in Tupelo, Mississippi, on Friday night. Knox Kiffin is Oxford High’s starting quarterback.
“Tonight, I’m going to go be a dad and watch a more important game to me,” Kiffin said.
Kiffin wasn’t sure what time he would make a decision Saturday.
“There’s a lot [that goes] into it,” Kiffin said. “It’s a hard decision. You guys have them all the time. You’ve got to make decisions about jobs you take and where you move, and we get paid a lot so I understand we’re under a lot of spotlight and scrutiny.”
Kiffin said he regretted not being able to speak to his father, Monte Kiffin, while trying to make one of the most important decisions of his career. The longtime NFL defensive coordinator died in July 2024. He was 84.
Kiffin, 50, has sought the advice of former Alabama coach Nick Saban and Las Vegas Raiders coach Pete Carroll, his former boss at USC, the past few weeks.
ESPN reported earlier Friday that Florida, which was also courting Kiffin, is now focused on other candidates in its search because the Gators believe he’s more interested in other opportunities.
Carter and Boyce met with Kiffin a week ago in Oxford, Mississippi, and the sides came to an understanding that Kiffin would make up his mind the day after the Egg Bowl.
If the Egg Bowl was Kiffin’s last game as Ole Miss’ coach, it was a fitting end to one of the most successful tenures in school history.
As speculation about Kiffin’s future continued to swirl over the past two weeks, the Rebels rolled past their rivals for their fifth win in the past six meetings in the heated series. The Rebels had 545 yards of offense, as quarterback Trinidad Chambliss passed for 359 yards with four touchdowns.
The Rebels (11-1, 7-1 SEC) all but secured a spot in the 12-team College Football Playoff. They’ll have to wait another day to find out whether they’ll play in next week’s SEC championship game in Atlanta.
No. 3 Texas A&M would have to fall at No. 16 Texas on Friday night (7:30 p.m. ET, ABC) and No. 10 Alabama would have to lose at Auburn in Saturday’s Iron Bowl (7:30 p.m. ET/ABC) for the Rebels to clinch a spot in the SEC championship game.
And, of course, Ole Miss fans will be waiting Saturday to find out which coaches will be on the sideline for the CFP, which might begin with a first-round game at home on Dec. 19 or 20.
If Kiffin decides to leave for LSU, former New York Giants coach Joe Judge would likely serve as the Rebels’ interim coach in the CFP, sources told ESPN.
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