Notable waiver lawyer Tom Mars weighs in on Jim Harbaugh-Luke Fickell dispute
Someone with extensive knowledge of the waiver system weighed in on the recent dispute between Jim Harbaugh and Luke Fickell.
As most people know by now, the war of words between the coaches began after the denial of James Hudson’s immediate eligibility waiver. After the denial, Fickell claimed that Michigan blocked the waiver and was unwilling to help Hudson out. Harbaugh disputed that claim and argued that Fickell was operating under a misunderstanding of the waiver system.
Well, Tom Mars, an attorney who has filed these waivers himself and now works for the NCAA in enforcement, addressed the dispute Thursday. In text messages published by Angelique Chengelis with The Detroit News, Mars admitted some confusion in the rules behind the waiver process has created some myths:
“It’s been my experience that the level of support from the player’s former school only affects the outcome when the waiver is sought under the ‘mitigating circumstances’ exception to the ‘year in residence’ requirement, or is sought under what’s commonly referred to as the ‘run off rule.’ I’m not aware of any waiver requests filed under the ‘family hardship’ or ‘athlete injury/illness’ exceptions where the level of support from the former school had any bearing on the NCAA staff’s decision to grant or deny the waiver.”
In other words, Mars is suggesting Harbaugh would not have been able to influence the NCAA’s decision about Hudson’s waiver appeal because it likely would have been an “athlete injury/illness” case.
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Mars also pointed out that with all the factors in play, it is nearly impossible for coaches and fans to understand all the details of the waiver process. With that being said, the decision on these waivers does not rest with the schools but the NCAA.
You can see the entire explanation here, via The Detroit News.