Michigan vs. Western Michigan: What is the remedy for something like that?

Week one of the college football season was not without controversy, which is to be expected after an off-season of legal battles and on-the-fly decisions. One of the largest controversies took place in Ann Arbor, Michigan, where the University of Michigan Wolverines pulled victory from the jaws of defeat against the (on paper) far inferior Western Michigan University Broncos. 

Michigan beat Western Michigan 13-12 on the last play of the game after replay officials put one second back on the clock following an incomplete pass, which many thought ended the game. According to a statement from the Big Ten Conference, as reported by the Associated Press, the replay crew believed the stadium clock had one second remaining on it when the ball was touched by a Western Michigan player. 

Initially, Western Michigan took a gracious position in defeat. In the days since this took place, Jon Steinbrecher, Commissioner of the Mid-American Conference, released a statement appealing the result of the game. According to Steinbrecher’s statement, the replay protocol that had been established requires the in-stadium clock to be inserted onto the television feed, which is supposed to be the sole source for replay decisions in situations like this. The MAC is essentially arguing that a prescribed procedure was not followed, and one of their member institutions was harmed by it. This is because, according to Steinbrecher, if the proper clock had been used, no time would have been put back on the official game clock, Michigan would not have had the chance to run another play, and Western Michigan would have pulled off the improbable upset 12-7. From a legal perspective, this argument is more interesting than a normal “bad call” complaint because it is alleging a failure to follow a mandatory procedure. 

Formally, this statement was the MAC appealing to both the NCAA Division I FBS Oversight Committee and the College Football Playoff, asking that Western Michigan be recognized as the winner. This created a situation with a legal-style issue and a potential remedy. The NCAA had to respond to the question of even if the MAC proves that the replay procedure was not followed, does any governing body actually have the power to overturn the result of a finished game? 

The NCAA responded, according to the Associated Press, by citing their playing rules that contain no procedure for the overturning of a completed game. The rulebook for NCAA football, quite simply, states that the team with the most points at the end of the game wins, and the score becomes final when the referee declares the game over. Additionally, as far as a rule decision made during a game, the rulebook states that any decision made cannot be changed after the ball is next snapped, free-kicked, or the 2nd or 4th quarter ends. The response from the NCAA favors Michigan’s side of this controversy due to the finality of the situation in regard to the rules of the game because even if adding one second back on the clock was not the correct decision by the officials, the ball was legally snapped, thus rendering the decision final. 

The tension in this case is between the MAC and the NCAA. The MAC seemingly has a stronger argument due to procedural unfairness because according to the commissioner, officials failed to follow procedure, which directly produced the extra play that impacted the outcome of the game. However, the NCAA has the stronger argument based on finality, since its rules provide no mechanism for changing the ruling after the ball is next legally snapped or if the game comes to an end. For this reason, Western Michigan can credibly argue that there is a clear violation against their football team, but they have no available remedy. 

As far as the College Football Playoff Committee goes, there could be some form of remedy.  According to the Associated Press, College Football Playoff Executive Director Rich Clark said it was too early to determine how this would impact the treatment of either team in the rankings. Even if the official result remains a 13-12 Michigan victory, the circumstances of the outcome can certainly still be considered in either direction. For Michigan, a good season with conference play could be overshadowed by the circumstances of this victory. For Western Michigan, a historic season with just one loss could be elevated given the circumstances of that loss.