The NCAA issued a warning to former Michigan coach Jim Harbaugh last fall, threatening suspension if his attorney did not cease making satirical social media remarks about the association’s ongoing investigation into the Wolverines football program.
In a “letter of admonition” addressed to attorney Thomas Mars, obtained by CBS Sports, current NCAA Committee on Infractions chair Dave Roberts stated in October 2023 that if Mars continued his posts criticizing the NCAA’s investigative process, “the COI will consider appropriate penalties, including immediate suspension of your client.”
Roberts referenced NCAA bylaw 19.4.6-(i), which grants the COI authority to sanction parties and their representatives for behaviors that impede the committee’s ability to manage proceedings effectively or maintain a professional atmosphere. The letter concluded with a stern warning from Roberts stating, “There will not be any further admonitions.”
Despite the warning, Mars persisted with his critical posts, prompting no apparent further action from Roberts. The letter coincided with dual investigations of Michigan for NCAA recruiting violations during the COVID-19 dead period and sign-stealing allegations.
A negotiated resolution was announced by the NCAA regarding the recruiting violations, though one former coach, presumed to be Harbaugh, did not participate in the agreement, resulting in separate consideration by the Committee on Infractions.
Harbaugh faced two suspensions last season, initially by Michigan for the first three games as a measure to mitigate penalties in the recruiting violations case, followed by a suspension by the Big Ten for the final three regular-season games following the sign-stealing scandal.
The investigation into the sign-stealing remains ongoing, with allegations of Harbaugh misleading NCAA investigators, which he denies. Since Harbaugh’s departure to the NFL and a settlement being reached, major sanctions against Michigan are not anticipated.
However, Mars stated that neither he nor Harbaugh were contacted by Michigan or the NCAA regarding a negotiated resolution in the case. Mars also revealed the NCAA’s extensive demands, including access to all of Harbaugh’s texts and emails for the past 2 ½ years, a request Mars refused due to its invasive nature.
Harbaugh’s departure for the Los Angeles Chargers means he is no longer obliged to cooperate with the NCAA in either case, though a show-cause penalty from the first case could impact his potential return to college coaching.
Roberts, with a distinguished legal and compliance background, has served as the infractions committee chair, with his term set to expire in August.
He is currently a special advisor to USC president Carol Folt. Mars pointed out a potential conflict of interest regarding Roberts’ affiliation with USC, though he did not receive a response. USC and the NCAA have yet to comment on the matter.
The letter to Mars was copied to several individuals, including Michigan AD Warde Manuel, Michigan president Santa Ono, Big Ten commissioner Tony Petitti, and Kyle Skillman from the law firm Bond, Schoeneck and King, assisting Michigan in the investigation. Mars, once a member of the NCAA’s Independent Accountability Resolution Panel, resigned after a year due to the panel’s inability to handle complex cases.
