Michigan officials, lawyers and football coaches are preparing for the next step of a secretive NCAA process, a two-day Committee on Infractions hearing that will, likely in the next eight to 12 weeks, reveal the punishments from an investigation into an alleged illegal scouting/sign-stealing scheme that launched Oct. 19, 2023.

COI hearings used to be the norm, but in the last decade, the NCAA has made clear its preference to reach more amicable negotiated resolutions with universities and individuals, thus avoiding this much longer process. Michigan’s COI hearing that begins Friday is the first since Tennessee’s in 2023, and several lawyers with experience involving the NCAA shared with The Detroit News how the COI process unfolds and what’s to be expected.

It is not a courtroom and is out of the public eye. No new testimony will be introduced, lawyers are not able to cross-examine individuals, and unnamed sourcing is permitted. It is the only opportunity for both sides to air their findings and challenges in real time.

“Everybody walks away ideally with the feeling that I was heard, and a lot of times, it may be the first time during this process that folks do feel like they’re heard,” said Clinton Speegle, an attorney with Lightfoot Law in Birmingham, Alabama, who has participated in four COI hearings and won an appeal, which is extremely rare. “The enforcement staff process is very secretive, and you could, as an individual, think you’re being railroaded and that your voice is not heard. At least in my individual cases I’ve represented and institutions, too, it’s like we had our day to tell our story. Now, we may disagree with what the COI determines (several) months from now, but we had our day to tell our story.”

Once the hearing concludes, there’s no communication between the sides as the COI then works on the punishment phase. The NCAA has a penalty matrix that lays out penalties for different findings, such as Level I aggravation, standard or mitigation, and that has some wiggle room, but not much.

This hearing is the culmination of the NCAA’s investigation into alleged illegal scouting/sign-stealing with low-level staffer Connor Stalions at its heart. Michigan reportedly faces 11 allegations, six of them Level I, the NCAA’s most severe, and the one seemingly most significant in terms of affecting the current team involves Michigan head coach Sherrone Moore.

Moore, then the offensive coordinator/offensive line coach, deleted a string of 52 text messages with Stalions the day news of the investigation broke in October 2023. Moore turned over his phone to the NCAA and has publicly acknowledged deleting the texts, saying last August he “looks forward” to the release of the texts. It should be noted that Moore could be considered a repeat offender considering he negotiated a one-game suspension in 2023 for his involvement in the 2021 NCAA investigation into Michigan’s illegal recruiting during COVID. Michigan already has floated a school-imposed two-game suspension for Moore this fall.

While six of the allegations are related to Stalions and the illegal scouting, the others involve recruiting. Yahoo obtained the Michigan response in late January, and reported the NCAA believes Michigan “failed to monitor” its football program considering the several years Stalions is alleged to have illegally scouted opponents. The university and several of its coaches are considered repeat offenders, which Michigan reportedly disputed, while saying the NCAA was “overreaching” in its findings and requested the NCAA use “common sense” and treat the case as Level II infractions and not Level I.

The Detroit News has filed open records requests with the university for the NCAA’s Notice of Allegations and Michigan’s response, but those requests have not been fulfilled.

In April, former Michigan defensive coordinator Jesse Minter and defensive backs coach Steve Clinkscale agreed to recruiting violations with the NCAA and already have received their punishments. Both now work with former Michigan head coach Jim Harbaugh for the Los Angeles Chargers.

Also important to note, Michigan already is on a three-year probation until April 9, 2027, resulting from the 2021 investigation. Michigan additionally received recruiting limits and a fine. The NCAA dealt with Harbaugh separately and gave him a four-year show cause order and a one-year suspension. Harbaugh, obviously, also is considered a repeat offender and although he currently coaches in the NFL and unlikely to return to college football, the NCAA could severely penalize him for this latest investigation. Harbaugh did serve a three-game suspension from the Big Ten in 2023 because of information the NCAA gave the league regarding the alleged illegal scouting scheme. He missed the final three regular-season games. Michigan went undefeated that season and won the national title.

‘Behind a curtain’

A COI hearing at its core is not well understood by the public. One lawyer, who asked not to be named, said that’s because the rules change “so frequently, and it’s also behind a curtain.” The COI is comprised of individuals drawn from the membership or independent sources. Most have legal backgrounds.

About two weeks before the COI hearing, everyone involved in the case receives documents with information from the investigation. Those attending typically include the university president, in this case interim UM president Domenico Grasso, the former chancellor of the University of Michigan-Dearborn, who recently replaced Santa Ono. Athletic director Warde Manuel, the university’s outside lawyers and Michigan’s general counsel are expected to be there, as well as those named in the Notice of Allegations — Harbaugh, Moore, Stalions, former linebackers coach Chris Partridge and staffer Denard Robinson. While their attendance has been requested, it does not mean they all will appear. The enforcement staff is represented by three people: the primary investigator on the case, the director who oversaw the investigation and the vice president of enforcement.

Harbaugh will not attend the hearing, according to his lawyer Tom Mars.

“He probably doesn’t even know a hearing is going in,” Mars told The Detroit News. “He’s probably tending his chickens in L.A. or taking them to the beach.”

Speegle said that from his experience, this week heading into the COI is devoted to Michigan’s lawyers prepping, doing mocks and giving their clients every possible question.

“I always like to tell my clients I’m going to make the mock harder than the real thing,” Speegle said. “I’m gonna box you in and ask the toughest questions you could possibly get.”

The Michigan contingent likely arrived Thursday, he said, to get settled in. The hearing is held in a large room and at the front, the COI members sit with the chairperson in the middle. Typically, the university members sit to the left facing the COI, with the president sitting closest next to the athletic director, and then the outside counsel, and then to the right sits the current head coach. Across the room will be the enforcement staff, including Jon Duncan, the vice president of enforcement and then the investigators and other staff members. Facing the COI are the at-risk individuals, Speegle said, and their lawyers behind them. An at-risk individual will not be in the room until his part of the case is discussed. A stenographer records the discussion.

“Upon entering the room, it’s a very formal thing, but it’s collegial,” Speegle said. “At the start, we walk up and we everyone shakes hands. We’ll go and talk to all the individuals that are on the COI, and I tell all the clients, the AD, the president and the head coach, just go introduce yourself and be kind. Say you look forward to letting them hear our story.”

‘Most important’ part

At the start of the hearing, formal language about the bylaws is read. Usually, the first person to speak is the university president, and Speegle said that sets the tone describing how the university reacts to the charges and facts from the investigation. Each individual facing violations also has a chance to speak.

The COI then begins reading the allegations with the facts to support them and Michigan responds. Once all of the at-risk individuals have spoken, the committee starts lobbing questions and the lawyers representing Michigan can ask questions. There’s no direct communication, however, between the lawyers and enforcement staff. One aspect frustrating to Speegle, he said, is that it is not uncommon for the NCAA to have unnamed sources.

The COI then gets to the meaty part of the case, and that’s the Level I aggravators and mitigators. By that point, Speegle said the committee members already have a feeling where each violation falls in the penalty matrix.

“It’s probably the most important, often overlooked part, arguing the additional mitigators that we believe should apply and why certain aggravators should not apply,” Speegle said.

Closing statements, which typically are short, conclude the hearing.

“You don’t really get a read when you leave the room,” Speegle said.

Speegle said he doesn’t believe the COI holds grudges.

“I do think the COI genuinely cares about getting it right,” he said.

After the hearing, there is no communication between the parties. The university then waits for the final response. Manuel has said he thinks this will be over by the end of summer, and with the possibility of suspension for Moore, it seems likely the NCAA will issue penalties before the start of the season.

“This is definitely a priority for that group,” one lawyer with considerable experience in the NCAA space said of Michigan’s case. “I would expect sooner than later, but there’s no set time frame.”

It is a complete unknown what the specific penalties might be. The lawyer said vacating wins is generally for cases in which an ineligible player participated. A postseason ban would occur if a Level I aggravation is determined. That carries a one- to three-year ban. Standard would be zero or one year, and mitigation would be no ban. There are several factors involved in determining the Level I, including “exemplary cooperation” from the university. A repeat offender, however, no matter if there has been that exemplary cooperation, might also receive a postseason ban.

“Generally, they are a risk-averse bunch who will stick to whatever box that falls in the matrix, but there’s already a lot of discretion for them there,” one lawyer said, referring to the NCAA.

The NCAA has the option for additional penalties for Level I and Level II violations that may include game suspensions. An institution can go through an appeals process once the punishments are announced.