Michigan football sign-stealing investigation: Can NCAA penalize Jim Harbaugh's program?

The Michigan football program yet again finds itself in the news for something other than its stellar play in the 2023 college football season.

The NCAA is investigating the Wolverines amid allegations of violating rules that outlaw teams from scouting future opponents in person, as originally reported Thursday from Yahoo Sports. On Friday, Michigan athletic director Warde Manuel announced that Michigan football off-field analyst Connor Stalions was suspended with pay pending the NCAA's investigation.

Stalions is a person of interest in the NCAA investigation. He was hired by Michigan in May 2022 as an off-field analyst, according to his now-deleted LinkedIn. Investigators sought access to his computer for evidence of sign-stealing, according to ESPN.

Heading into its game Saturday at rival Michigan State, Michigan is 7-0 and ranked No. 2 in the US LBM Coaches Poll. Coach Jim Harbaugh’s program has won the Big Ten and made the College Football Playoff in each of the past two seasons. Since the start of the 2021 season, the Wolverines have gone 32-3.

Here’s a deeper look into the allegations the Wolverines are facing, NCAA rules on sign-stealing and in-person scouting, and any punishment the Wolverines might face.

OPINION: Time for Jim Harbaugh to drop the self-righteous act

Michigan sign-stealing investigation, explained

The NCAA’s probe centers around alleged in-person scouting from Michigan.

Rigorously preparing for an upcoming opponent is central to the work done by college football teams and their coaches over the course of the season. To help with that task, programs are provided with video footage to scout teams they’re preparing to play.

What separates the Wolverines in this case is that they allegedly went beyond those traditional means of scouting. Anonymous sources cited by Yahoo claimed they used “unnamed individuals” to attend games of scheduled opponents and potential College Football Playoff foes to collect information on the signs used by those teams for their offensive and defensive plays. The Athletic reported Thursday that the Big Ten claims that Michigan used a “vast network” to steal opposing teams' signs.

Football teams often use hand signals and sign cards with pictures to relay a play call to the quarterback or defensive captain from the sideline.

Update (Oct. 23): Stalions purchased tickets in his own name at more than 30 Big Ten games at 11 different schools over the past three years, according to a report Monday from ESPN, which cited unnamed sources at 11 different schools.

According to the same ESPN report, the NCAA is expected to receive video evidence this week of Stalions illegally using technology to scout opponents as it relates to the tickets he purchased. A source told ESPN that in-stadium surveillance footage from an opposing Big Ten school shows someone in the seat tied to Stalion's ticket holding his smartphone up the entire game and appearing to film the home team's sideline throughout.

Stalions, according to the report, purchased tickets on each side of Ohio Stadium for Ohio State's 20-12 victory last Saturday against Penn State, offering a front-facing view of each sideline. Those tickets, however, were not used in the wake of the NCAA's investigation into Michigan as Stalions' role in the operation became public.

Per ESPN, none of the games for which Stalions bought tickets involved Michigan, instead featuring future Wolverines opponents.

Update (Oct. 24): A 12th Big Ten school confirmed to ESPN through a source on Tuesday that it has a record of Stalions buying a ticket at its stadium. The 13th and final non-Michigan Big Ten member does not have the ability to search names of people who purchased tickets on a secondary market.

The alleged operation reportedly even went beyond the Big Ten.

Stalions is believed to have purchased tickets to scout Georgia, Tennessee, Alabama, Clemson and Oregon, according to a report Tuesday from Yahoo Sports. Each of those five program spent time the past two seasons as contenders for the College Football Playoff, which the Wolverines have made each of the past two seasons.

Specific games mentioned in the Yahoo report include both the 2021 and 2022 SEC championship games, the 2022 Week 9 game between No. 3 Tennessee and Kentucky and the 2022 Week 11 game between No. 6 Oregon and No. 23 Washington.

NCAA rules on sign-stealing

In short, there aren’t any.

The NCAA does not mention sign-stealing as a specific infraction. Indeed, it is not mentioned by name and is technically not an offense except in cases where teams steal opponents' signs through electronic means.

The 2023 NCAA college football rulebook only nebulously mentions sign-stealing under Rule 1, Article 11: "Prohibited Field Equipment."

"ARTICLE 11. Jurisdiction regarding the presence and location of communication equipment (cameras, sound devices, etc.) within the playing enclosure resides with game management personnel.

a. Television replay or monitor equipment is prohibited at the sidelines, press box or other locations within the playing enclosure for coaching purposes during the game. Motion pictures, any type of film, facsimile machines, videotapes, photographs, writing-transmission machines and computers may not be used by coaches or for coaching purposes any time during the game or between periods. Computers, tablets, etc. are not allowed in the coaching booth."

That article of the NCAA rulebook also notes that "Any attempt to record, either through audio or video means, any signals given by an opposing player, coach or other team personnel is prohibited."

In a section titled “The Football Code” in the NCAA rule book, it’s noted that “Only the highest standards of sportsmanship and conduct are expected of players, coaches and others associated with the game. There is no place for unfair tactics, unsportsmanlike conduct or maneuvers deliberately designed to inflict injury.”

Two of Michigan’s opponents this season told Yahoo that they learned that the Wolverines knew their play signs.

There’s precedent for sign-stealing accusations at the FBS level, even in recent years.

In December 2020, in advance of his team’s game against Clemson in the College Football Playoff semifinals, Ohio State coach Ryan Day praised Tigers defensive coordinator Brent Venables, now the Oklahoma head coach, for seemingly knowing what play the opposing offense is always running.

“Why that is, I don’t really know,” Day said at Sugar Bowl media availability. “But I can tell you he’s been doing it for a really long time.”

Day’s quarterback that season, Justin Fields, said he huddled to call plays during the Sugar Bowl to prevent the possibility of Clemson stealing the Buckeyes’ signs.

NCAA rules on in-person scouting

Unlike sign-stealing, in-person scouting is explicitly forbidden, which is why Michigan could potentially be in trouble with college sports’ governing body.

Under the umbrella of “Scouting of Opponents” in the 2023-24 NCAA Division I Manual, bylaw 11.6.1 states that “off-campus, in-person scouting of future opponents (in the same season) is prohibited.”

There are exceptions to the rule outlined in corresponding bylaws, 11.6.1.1 and 11.6.1.2:

• 11.6.1.1: “Same Event at the Same Site: an institutional staff member may scout future opponents also participating in the same event at the same site.”

• 11.6.1.2: “Conference or NCAA Championships: an institutional staff member may attend a contest in the institution's conference championship or an NCAA championship contest in which a future opponent participates (e.g., an opponent on the institution's spring non-championship-segment schedule participates in a fall conference or NCAA championship).”

In 1994, in-person scouting was prohibited by the NCAA in all cases beyond those two aforementioned exceptions. It was instituted as a cost-saving measure for programs that were paying to send assistant coaches and various staff members to future opponents’ games.

Can NCAA punish Jim Harbaugh, Michigan?

As with any violation of NCAA rules and bylaws, Michigan could face punishment from the NCAA if the organization finds these allegations to be true.

However, no specific penalty is listed in the NCAA manual for impermissible in-person scouting.

When asked to specify what level violation in-person scouting is (and what penalties would be associated with it), an NCAA spokesperson told the USA TODAY Network that the governing body would not comment on Michigan's specific case:

“The NCAA will not comment on specific cases or investigations at this time. The Association will continue to collaborate with member schools and conferences on any possible issues that could impact fair competition.”

Update (Oct. 24): According to an ESPN report Tuesday, there is mounting frustration within the Big Ten about whether the NCAA will do anything to Michigan or, if it does, how long it will take for the investigation to conclude.

"Everyone is mad," a Big Ten source told ESPN. "This is not right. But what is the NCAA going to do about it?"

Can Big Ten punish Michigan?

The Big Ten has the authority to take disciplinary action against the Wolverines before the NCAA investigation is complete.

The sportsmanship policy of the Big Ten's handbook includes a section titled, "Authority of the Commissioner" that states the conference's commissioner (Tony Petitti as of May 15) "shall have the exclusive authority to determine whether an offensive action ... has been committed." If it's determined that such a transgression has occurred, a separate bylaw states that the commissioner "shall have the authority to impose any disciplinary action in response to the offensive action."

From there, punishments are divided into two categories: Standard disciplinary actions include "admonishment, reprimand, fines that do not exceed $10,000 and suspensions from no more than two contests." Any such disciplinary decision from the commissioner is final and not subject to appeal. The second group of punishments, for "major disciplinary action," is subject to approval from an executive committee made up of representatives from the league's schools that can "only approve, deny, or lessen the proposed penalty," not increase it.

ESPN reported Tuesday that the Big Ten would want to have "as full of a picture of what the facts actually are if we were to act" before the NCAA probe wraps up.

Michigan statement on NCAA investigation

Michigan released the following statement from Harbaugh in relation to the NCAA investigation:

"I want to make it clear that I, and my staff, will fully cooperate with the investigation into this matter.

"I do not have any knowledge or information regarding the University of Michigan football program illegally stealing signals, nor have I directed any staff member or others to participate in an off-campus scouting assignment. I have no awareness of anyone on our staff having done that or having directed that action.

"I do not condone or tolerate anyone doing anything illegal or against NCAA rules.

"No matter what program or organization that I have led throughout my career, my instructions and awareness of how we scout opponents have always been firmly within the rules.

"Pursuant to NCAA rules, I will not be able to comment further while this investigation takes place."

Big Ten statement on Michigan investigation

In response to Thursday’s breaking news about the NCAA investigation, the Big Ten released the following statement:

"Late Wednesday afternoon, the Big Ten Conference and University of Michigan were notified by the NCAA that the NCAA was investigating allegations of sign stealing by the University of Michigan football program. The Big Ten Conference has notified Michigan State University and future opponents. The Big Ten Conference considers the integrity of competition to be of utmost importance and will continue to monitor the investigation. The Conference will have no further comment at this time."

NCAA recruiting investigation into Michigan

Compounding Michigan’s issues is the fact the program is already under NCAA investigation for a different matter.

The probe is centered around four Level II violations pertaining to recruiting. Harbaugh allegedly met with recruits during a designated dead period during the COVID-19 pandemic, used too many coaches during practices and watched player workouts on Zoom.

In response to that investigation, Michigan and NCAA purportedly agreed to a four-game suspension, an agreement that ultimately fell through. In response, the university self-imposed a three-game suspension on Harbaugh for the first three games of the 2023 college football season: victories against East Carolina, UNLV and Bowling Green, in which the Wolverines won by a combined 96-16 margin.

A ruling from the NCAA on the potential recruiting violations isn’t expected until 2024.

This article originally appeared on Nashville Tennessean: Michigan sign-stealing investigation: What to know on Harbaugh, NCAA