Michigan files for temporary restraining order against Big Ten's suspension of Jim Harbaugh
The University of Michigan has filed for a temporary restraining order against the Big Ten's decision to suspend football coach Jim Harbaugh for the program's sign-stealing scheme.
Michigan's case is filed in Washtenaw County Circuit Court with Judge Timothy Connors. He is also a lecturer at the U-M Law School.
The Big Ten announced it was suspending Harbaugh for the remainder of the regular season after concluding Michigan broke the conference's sportsmanship policy after having a years-long operation of in-person scouting of future opponents, a violation of NCAA rules.
In a statement released Friday afternoon, the school said it was dismayed by Harbaugh's three-game ban, which will cover Saturday's game against No. 9 Penn State as well as games against Maryland on Nov. 18 and Ohio State on Nov. 25 (though Harbaugh will be allowed to coach during the week).
Michigan released the statement shortly after the team's flight landed in State College, Pennsylvania, ahead of Saturday's game. The punishment was announced while the team, and Harbaugh, were in the air.
If granted, the filing would prevent Harbaugh’s suspension from taking effect until a court can decide the merits of the case. Michigan is pushing for the NCAA investigation to run the full course to prevent any disruption from its undefeated season on the field.
The restraining order could allow for U-M to be granted a preliminary injunction, a temporary measure that preserves the status quo — in this scenario, the investigation — until a court can decide the merits of the case. Injunctions often ask the courts to prevent an opposing party from taking specific action — suspending Harbaugh early — or continuing on a current course of action.
Preliminary injunctions require a high burden of proof showing the client will suffer irreparable harm if the specific action by one party is causing damages which cannot be solved with monetary damages or an eventual settling of the case.
Michigan is arguing their case meets the second burden of proof by saying the suspension was premature and the Big Ten should not have rushed to judgment before the NCAA investigation is complete.
Michigan will have to wait until Monday to file the motion for an injunction in court. But they could be granted an ex parte hearing with a judge for the restraining order.
An ex parte motion is a way to petition the court without having to notify or serve the other parties involved in your case during an urgent situation. If granted, it would temporarily suspend the Big Ten’s actions until both sides can argue their sides in front of a judge, meaning Harbaugh would be clear to coach this weekend.
If the suspension stands, Michigan would get Harbaugh back for a potential Big Ten championship game appearance, should the Wolverines make it, as well as a potential bowl game.
"Like all members of the Big Ten Conference, we are entitled to a fair, deliberate, and thoughtful process to determine the full set of facts before a judgment is rendered," Michigan's statement reads. "Today's action by Commissioner Tony Petitti disregards the Conference's own handbook, violates the basic tenets of due process, and sets an untenable precedent of assessing penalties before an investigation has been completed. We are dismayed by the Commissioner's rush to judgment when there is an ongoing NCAA investigation — one in which we are fully cooperating.
"Commissioner Petitti's hasty action today suggests that this is more about reacting to pressure from other Conference members than a desire to apply rules fairly and impartially. By taking action at this hour, the Commissioner is personally inserting himself onto the sidelines and altering the level playing field that he is claiming to preserve. And doing so on Veteran's Day — a court holiday — to try to thwart the University from seeking immediate judicial relief is hardly a profile of impartiality. To ensure fairness in the process, we intend to seek a court order, together with coach Harbaugh, preventing this disciplinary action from taking effect."
In a statement released earlier Friday, the league said it found U-M in violation of the Big Ten's sportsmanship policy "for conducting an impermissible, in-person scouting operation over multiple years, resulting in an unfair competitive advantage that compromised the integrity of competition."
The suspension is the second of the season for Harbaugh, who missed the first three games of 2023 under a school-imposed sanction related to alleged NCAA violations in recruiting during the COVID-19 dead period and not cooperating fully with the NCAA during its investigation of said violations. The Wolverines won all three games under a rotation of interim coaches.
Michigan has not announced a potential interim coach for the latest three-game ban for Harbaugh.