Michigan’s Jim Harbaugh was threatened with suspension by NCAA last fall for lawyer’s social media criticism

Last October, the NCAA threatened to ban former Michigan coach Jim Harbaugh if his lawyer did not stop his mocking remarks about the association’s ongoing investigation into the Wolverines football team on social media.

Attorney Thomas Mars received a “letter of admonition” from current NCAA Committee on Infractions chair Dave Roberts in October 2023. The letter stated that if Mars continued to post criticisms of the NCAA’s investigation process, “the COI will consider appropriate penalties, including immediate suspension of your client.” CBS Sports was able to obtain the letter.

The COI may “… sanction parties and/or their representative(s) for behaviors that inhibit the committee’s ability to effectively manage the docket, ensure a fair hearing, and other purposes,” according to NCAA bylaw 19.4.6-(i), which Roberts noted. professional and civil decorum in all proceedings or otherwise efficiently solve infractions cases.”

The letter ends with seemingly a final warning from Roberts that read, “There will not be any further admonitions …”

Mars did not respond to the NCAA and continued his critical posts but it seems Roberts took no further action.

The letter was received while Michigan was being investigated twice for NCAA recruiting infractions that occurred during the COVID-19 dead period and for sign theft. The NCAA announced on Tuesday that a negotiated settlement had been achieved in the first instance. The statement noted that “one former coach,” most likely Harbaugh, “did not participate in the agreement, and that portion of the case will be considered separately by the Committee on Infractions.”

The week that the sign-stealing controversy emerged, October 26, 2023, is when Roberts’ letter was dated. That occurred during Michigan’s season during the national championship’s bye week.

Harbaugh was suspended twice last season – first by Michigan for the first three games of the season as a way to mitigate penalties in the first case. He was then suspended by the Big Ten in the final three regular-season games following the sign-stealing scandal.

That investigation remains ongoing. Harbaugh’s level of complicity in the case was announced Tuesday after allegations he misled NCAA investigators. Harbaugh has said he did not lie to the NCAA. Since Harbaugh is gone to the NFL and a negotiated settlement was reached, Michigan isn’t expected to suffer major sanctions.

However, Mars said neither he nor Harbaugh were contacted by Michigan or the NCAA regarding a negotiated resolution in this case.

“They’ve obviously changed their position to get this resolved and it doesn’t surprise me. I can almost hear the wheels of the bus going, ‘whomp, whomp [over Harbaugh],’ ” Mars said.

Mars also said at one point the NCAA demanded all of Harbaugh’s texts and emails for the last 2 ½ years. That request included all personal emails, Mars said. He requested the NCAA limit the scope of the request to Michigan athletics but was told no. The NCAA wanted in 24 hours what Mars said were 6,199 emails and at least that number of texts.

“I told CBS Sports, ‘OK, you’re not getting any of them,’ at that point,” Mars said. “It’s an invasion not even the Justice Department is allowed to do.”

That circumstance existed before to Harbaugh’s January departure for the Los Angeles Chargers. Mars calculated that weeks and $38,000 in legal fees would have been required for such a search.

Since leaving for the Chargers, Harbaugh is no longer required to assist the NCAA in either of the Michigan cases. Even after the first case, he might still be subject to a show-cause punishment that would prevent him from coaching at the collegiate level. Antonio Pierce, the coach of the Las Vegas Raiders, and Jim Harbaugh have comparable statuses.

Roberts has a distinguished legal and compliance background. His third term as infractions committee chair expires in August. He is a special advisor to USC president Carol Folt. He was the school’s interim AD when Lynn Swann resigned in 2019. He joined USC in 2010 as vice president of athletics compliance. In 2017, he was recognized with an award from the National Association for Athletics Compliance.

At one point, Mars pointed out what he said was a conflict of interest regarding Roberts. USC is joining the Big Ten on July 1. He did not receive a response.

Requests for response were not immediately answered by the NCAA or USC.

The letter from Mars was forwarded to the following people: Tony Petitti, the commissioner of the Big Ten, Santa Ono, the AD of Michigan, and Kyle Skillman, the lawyer from Bond, Schoeneck, and King who is helping Michigan with the inquiry. Leading the market in assisting schools with NCAA inquiries is the law firm.

Mars was formerly a standout addition from the NCAA to the recently established Independent Accountability Resolution Panel in 2019. Before leaving the IARP, Mars worked for a year on the Complex Case Unit. The IARP’s incapacity to handle complicated situations was the main reason for its dissolution earlier this year.