Around the Big Ten

[AlabamAlum]

There will never be another death penalty unless, of course, some school refuses to submit to an NCAA ruling/punishment.

[iam416]

This is probably already being discussed because this guy has been right on everything so far...

New information on the genesis of this investigation, as well as specific information from the NOA.

This entire investigation - both the computer access crimes and the impermissible advanced scouting scheme - began with "unprofessional and inappropriate conduct" by Matt Weiss inside the football facility. Based on witnessed behavior, Weiss' university-owned devices were seized and he was put on leave.

University IT brought in a cybersecurity firm to gain access to Weiss' encrypted devices.

Objectionable content discovered falls into two categories:

- Sexual content: including content stolen from the iClouds of UM students as well as pornographic images of unknown origins.

- Football content: Evidence of an advanced video scouting scheme, video recordings of opponents' sidelines, mockups of opponents playsheets, and a spreadsheet schedule of games to be scouted, including assignments and logistics details.

Each of these two "buckets" of content were referred to separate legal firms at the behest of UM to determine next steps.

At some point, a third firm became involved and obtained much of the same advanced scouting scheme evidence as discovered by the UM-contracted firm, but also went on to "close the loop" with irrefutable evidence of tickets being purchased, assignments made, games filmed, video materials prepared and uploaded, and ultimately the scouting videos and ancillary materials being accessed by UM coaches. This group is the one that sent investigators into games knowingly being scouted to gather video evidence of the UM operatives. This firm notified the NCAA of its findings.

I had wrongly believed that this firm was another that had been contracted by UM administration to look into overarching cultural issues within the athletics department, but that has since been ruled out. The prevailing belief among my sourcing is that this investigation was contracted by sports books who ultimately had help by someone on UM's staff.

This specific loop is laid out step-by-step in the NOA: /game scheduled/ > /tickets purchased and assigned/ >/ game scouted, operatives photographed at venue by investigators/ > /video scouting and game materials prepared and uploaded/ > /video materials accessed by multiple members of UM coaching staff/.

This outline is designed to counter the defenses brought to the table by both the university and individuals charged.

The NOA also alleges that UM knew of the advanced scouting scheme as first uncovered by university IT and the cybersecurity firm they hired to get into Weiss' devices. Despite this awareness UM administration did not notify the NCAA, nor did they make any necessary personnel changes "to uphold their responsibility of integrity to the Big Ten conference and the NCAA" (quoting a source's paraphrasing here, for clarity's sake).

[iam416]

And, again, this NOA doesn't even deal with Weis having Ohio State practice footage on his computer.

[THE_WIZARD_]

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[Dr. Strangelove]

JFC drain the swamp

[THE_WIZARD_]

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[iam416]

There will be a small fine.

[THE_WIZARD_]

Well you better just fine all schools...cuz everybody's doing it...

[Mike]

Have we determined if paying a buddy to video games on his phone is the same as “in-person” advanced scouting? I think the fine is $5,000 max.

If the Weiss shit is true, that’s a game-changer. The Stalions shit is laughably overblown.

[Jeff Buchanan]

Despite this awareness UM administration did not notify the NCAA, nor did they make any necessary personnel changes "to uphold their responsibility of integrity to the Big Ten conference and the NCAA" (quoting a source's paraphrasing here, for clarity's sake).

Spitballing here if only to provide a point, counterpoint post. What we're talking about is NCAA Bylaw 11.6.1. I've read dozens of explanations of the Bylaw most of them with varying interpretations of what's allowed and what isn't. Another problem is that there is no historical record of other NCAA sports teams being alleged to have violated 11.6.1; therefore no precedent to follow or guide the NCAA or M. There is only one other related incident. It took place in 2015, when then-Baylor assistant coach Jeff Lebby was spotted on the sideline of a Tulsa-Oklahoma game. Lebby was never accused of recording any signals while on the sideline but still violated bylaw 11.6.1. The NCAA later accepted Baylor’s self-imposed punishment for a Level III violation.

I believe it's possible that M does not think there was a violation of 11.6.1 and therefore did not notify the NCAA. Given the kind of scrutiny we're learning about by several different in house and out-of-house investigating entities with, I would suppose, legal counsel, I simply can't imagine the U doesn't have a defensible position of innocence on this matter and believes whatever Stalions was doing was permissible (the loophole argument) and addressed the violations of the U's technology rules by firing the violators of them. Of course, I could be wrong and they are just stupid fucks trying to cover this shit up........ the likelihood of that is not non-zero but it's close.

Of course, the NCAA will look at this as a violation of the spirit of the law and other such approaches to interpreting it and deciding on violations. I still hold that if the NCAA decides to impose any number of draconian punishments on Michigan that they will seek injunctive relief. At this point it's impossible to say on what basis M would seek a TRO. Could M and the NCAA settle? Could the B10 steer clear? Sure, but in M's case they'd probably agree only to a level 2 or 3 violation with reasonable penalties. The "hammer" that not M football fans think is coming would not be among a list of reasonable penalties.

I think back on FL's legal battle in the courts involving the CDC's shut down of the cruise industry. Basically, the suit alleged that the CDC, an administrative body, exceeded it's authorized authority. FL prevailed. There are similarities here. The presidents of NCAA member institutions grant NCAA authority. To me, its' not clear what level of authority that is but, I would assume whatever it is, the NCAA has to carryout it's duties fairly and in accordance with the core elements of due process. I've already argued in this forum that IMO there are irregularities in the performance of the NCAA in this matter. That's where I believe the origin of a fight in the courts would come from.

[iam416]

I've generally abstained from commenting on the substance for awhile and will continue to do so. The disagreement I've focused on is what will come of it. I've never felt stronger about my position in that regard.

[iam416]

I'd be well-beyond surprised if the Courts save M. This isn't an oversight agency with general jurisdiction. It's an organization M voluntarily join and can voluntarily leave as, of all people. even Alabam"Alum" noted.

[Jeff Buchanan]

Talent, I'm going to trust your insight in this matter as lawyer. I'm not one so, it's hard for me to argue the courts can save M. Further, I may be hope-casting here with the number of variables in play to a pathway of innocence for M being enormous.

What I do know is that we'll be well into the 2024 season before M responds to the NOA and well into 2025 before this is settled. I've read that once the NCAA receives a response to a NOA they move at glacial speeds in deciding an outcome. I've heard predictions in the neighborhood of "sometime in 2027." I've also read the B10 injected itself in punishments involving burger-gate and may do so again in the sign stealing stuff to speed accountability.

[iam416]

I don't think the NCAA will move that slowly. I fully expect the process to play out because there is no option on the table that M can accept.

[THE_WIZARD_]

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