Jim Harbaugh’s Contract Negotiations with Michigan Hindered by NCAA Rule
Jim Harbaugh, the head coach of the Michigan Wolverines football team, is currently facing challenges in his contract negotiations due to an NCAA rule that could potentially lead to major NCAA violations. According to sources, this rule has become a significant factor in Harbaugh’s discussions with the university.
The NCAA’s coach responsibility provision, which was strengthened just a year ago on January 1, 2023, states that if any member of Harbaugh’s staff is found to have committed a Level I violation, Harbaugh himself would be charged with a Level I violation as well. While the charge cannot be argued, the severity of the penalty can be debated before the NCAA Committee on Infractions. This means that even if Harbaugh demonstrates compliance and diligence in the matter, the Level I finding would remain on his record.
Amidst these negotiations, Harbaugh has also interviewed with at least two NFL teams, including the Los Angeles Chargers, for their head-coaching vacancy. This adds another layer of complexity to the situation.
The primary issue at hand is the “strict liability” clause in Harbaugh’s contract regarding “for-cause” termination. This clause states that coaches can be fired if they commit NCAA violations. However, with the recent adjustment to the coaching responsibility bylaw, Harbaugh’s team is concerned about the potential consequences. If any current or former staff member implicated in the sign-stealing scandal is charged with a major violation, Harbaugh would automatically be charged with a Level I violation.
The sign-stealing scandal revolves around Connor Stalions, a former Michigan staffer who is accused of running a scouting scheme in which he videotaped signs of future Big Ten and potential College Football Playoff opponents in violation of NCAA rules. It remains unknown whether Stalions is cooperating with NCAA investigators.
Previously, the interpretation of the bylaw allowed for some flexibility, and a coach could prove adherence to NCAA rules to mitigate or drop the finding. However, the updated interpretation from last January makes violation of that provision absolute. Harbaugh’s legal team is concerned that this language could lead to his firing if a staff member’s misconduct automatically translates to a Level I charge against the coach.
To address these concerns, Harbaugh’s representatives are seeking immunity from Michigan, which would prevent the coach from being fired for any NCAA violations. Reports suggest that discussions have been ongoing, with the possibility of a nine-figure contract extension worth a record $11.5 million per year.
Granting immunity to coaches in cases of NCAA violations is not unprecedented. Kansas basketball coach Bill Self has similar language in his contract, protecting him from being fired for major NCAA violations. Harbaugh’s attorneys believe that this provision will become increasingly common among coaches due to the new coach responsibility rule.
The situation is further complicated by another ongoing NCAA investigation into alleged recruiting violations by Harbaugh and Michigan during the COVID-19 dead period. This investigation began before January 1, 2023, and Harbaugh is being charged with a Level I violation for allegedly misleading investigators. The NCAA has already expressed its opinion on Harbaugh’s culpability in this case.
The sign-stealing case is considered one of the first, if not the first, to involve the strengthened coach responsibility rule change. The NCAA does not comment on ongoing cases and prohibits those involved from doing so. Michigan’s negotiated resolution in August was discarded by the Division I Board of Directors Infractions Process Committee, leading to a full investigatory process. As a result, Michigan self-imposed a three-game suspension on Harbaugh at the beginning of the 2023 season.
With two investigations open simultaneously, both potentially involving major violations, Michigan could be seen as a “repeat violator” in the eyes of the NCAA. This could result in enhanced penalties for the university.
Critics have questioned why Harbaugh needs contract protections if he claims innocence. However, the recent NCAA rule changes make it more likely for Harbaugh to be fired, regardless of his level of innocence. Additionally, coming off a 15-0 national title-winning season, Harbaugh has never had more leverage in his negotiations.
In recent cases involving Florida State and Air Force, the coaches at each school were able to disprove NCAA findings of coach responsibility violations. This provides some hope for Harbaugh’s team. However, it is important to note that any potential NCAA penalties would likely be irrelevant to an NFL employer if Harbaugh were to transition to coaching in the NFL.
While the outcome of these negotiations remains uncertain, it is crucial for Michigan to avoid a postseason ban. The NCAA generally avoids handing out postseason bans to prevent innocent players from being punished for violations they had no involvement in. Last year, Tennessee faced 18 Level I violations under former coach Jeremy Pruitt but escaped a postseason ban.
Michigan has already received a notice of allegations in the recruiting violations case, and it is expected that this case could be concluded by the middle of the year.
