In a recent development, a revised NCAA rule has raised the stakes for Michigan Wolverines head coach Jim Harbaugh in the ongoing sign-stealing scandal. Even if Harbaugh claims ignorance of the situation, he could still be held responsible under the altered NCAA rule.

The change in Bylaw 11.2.1.1, which took effect in January, has modified the language regarding coach responsibility. Previously, the rule stated that a head coach "is presumed to be held responsible for the actions of all institutional staff members." The updated version now states that a head coach "shall be held responsible for their actions and the actions of all institutional staff members."

This modification leaves little room for interpretation. Regardless of whether Harbaugh was aware of the alleged sign-stealing actions of analyst Connor Stalions, the bylaw places the onus on him for the oversight of his program. Although Harbaugh denies any knowledge of the sign-stealing, an NCAA investigation is currently underway. The next step for the association is to decide whether to issue an official notice of allegations against Michigan, thus subjecting both the program and Harbaugh to simultaneous investigations.

This situation further complicates matters for Harbaugh, as he is already under investigation in another case involving allegations of misleading NCAA investigators. If the sign-stealing case is deemed serious enough, Harbaugh could find himself facing major penalties in two separate cases involving significant violations.

Experts in NCAA matters have expressed that they cannot recall a Power Five head coach in a revenue sport being investigated in two major cases simultaneously. The increased scrutiny on Harbaugh is becoming evident in the expanding scandal.

Jason Montgomery, a former NCAA investigator who now practices law at Husch Blackwell, a reputable firm experienced in NCAA and third-party investigations, explained the implications of the revised rule, stating, "Essentially, [the coach responsibility bylaw] means, if there is a violation, you're automatically responsible. There is no longer plausible deniability. Now, you go in responsible for the actions of the program."

To mitigate penalties, Harbaugh would need to provide evidence that he had no knowledge of the wrongdoing. However, even if he can prove lack of knowledge, it may only lessen the penalties and not exempt him from violating the bylaw itself.

In September, a case involving an Air Force golf and hockey coach marked the first significant instance where the enhanced coach responsibility provision was applied.

While stealing signs on the field during games or analyzing game tape for patterns is not against the rules, advancing scouting opponents and electronically recording their signs is a violation.

The investigation into the sign-stealing scandal is still in its early stages, and it may take years before the NCAA reaches a conclusion. Michigan would have 90 days to respond after receiving an official notice of allegations. Moreover, there has been no confirmation yet as to whether the alleged sign-stealing scheme has ceased.

As the investigation progresses, the fate of Michigan's national championship hopes, Harbaugh's coaching future, and potential penalties for the school and coach remain uncertain. It is unclear what meaningful penalties Michigan and/or Harbaugh could face if found guilty, as recent cases have shown that the NCAA is moving away from applying postseason bans as a form of punishment.

Considering the NCAA's intent not to punish innocent parties, such as players, it is possible that a substantial fine could be assessed against Michigan, or Harbaugh could receive a show-cause penalty, rendering him almost unemployable in the coaching industry. However, if Harbaugh were to leave for the NFL, such penalties may have limited impact.

Bifurcation, which involves negotiating a resolution with specific individuals or schools within a larger case, has been used in recent cases at Air Force, Tennessee, and Memphis. It is believed that bifurcation might also play a role in the Michigan case. Earlier this year, Michigan and Harbaugh agreed to a tentative resolution in the ongoing case involving Harbaugh's alleged false statements to NCAA investigators. The agreed-upon punishment was a four-game suspension to start the 2023 season. However, the NCAA Committee on Infractions rejected this negotiated suspension in favor of continuing the full disciplinary investigation.

The Big Ten conference has refrained from commenting on the Michigan case beyond acknowledging that they received information and are cooperating with the NCAA. It is unusual for a conference to take action in the middle of an NCAA investigation, as exemplified by the previous disciplinary process applied to Penn State in the Jerry Sandusky scandal.

While the current situation at Michigan is not comparable to that scandal, the potential culpability of the school and/or Harbaugh could eventually make it one of the biggest scandals in NCAA history. If found guilty, Stalions and his associates' alleged extensive scouting of Big Ten teams and potential College Football Playoff opponents would further fuel the controversy.

The Big Ten Sportsmanship Policy allows the conference commissioner, Tony Petitti, to investigate offensive actions thoroughly. The conference's disciplinary actions range from admonishment and reprimands to fines not exceeding $10,000 and suspensions of no more than two games.

Michigan's situation will likely be a subject of discussion within the College Football Playoff Selection Committee as the season progresses. However, the committee's chairman, Boo Corrigan, clarified that Michigan's case is an NCAA issue, not a CFP issue.

The integrity of the game has undoubtedly been impacted by this scandal, as reflected in the perception surrounding the Wolverines' initial ranking of No. 3 in the first College Football Playoff Rankings.

It remains to be seen how the investigation unfolds and what penalties, if any, Michigan and Harbaugh will ultimately face. The implications of the revised NCAA rule and the ongoing investigations have undoubtedly heightened the pressure on Harbaugh and added yet another layer of complexity to an already tumultuous situation.