[Proposed response]
Yours of the 3rd sent to me and all B1G presidents.
Respectfully, I "refuse to let the NCAA investigative process play out" and thereby abrogate my "Exclusive Authority to Determine Whether Offensive Actions have Occurred." (Big 10 Sportsmanship Policy 10.2, 10.2.1) I will use my "discretion to pursue, or choose not to pursue, an investigation as to whether an offensive action has occurred." (10.3.1 Commissioner's Discretion, Timeliness, and Due Process). Michigan and "other member of the Big 10, deserve nothing less."
If I decide "to pursue such an investigation, [I] shall commence the investigation as expeditiously as possible upon notification that such an offensive action may have occurred." (Ibid)
Your, "The Big 10 has not informed us of any investigation of its own, as would be required under conference rules." 10.3.1 states "Upon commencement of such an investigation" I "shall determine, as expeditiously as possible, whether an offensive action did occur." (emphasis added) Then, "Any involved institution or individual at risk of disciplinary action shall be provided an opportunity...to offer its or his or her position as to whether an offensive action occurred."
Your,
"precisely at these times — when all key facts are not known";
"conclusions are based on what actually happened.";
"full consideration of all the evidence.";
"oral updates from NCAA enforcement staff do not and cannot constitute evidence..."
Agreement 10.2.1:
"...the Commissioner may consider any evidence that he or she deems relevant." (emphasis added)
"The Commissioner may accept any information provided by any source, but except as outlined in Agreement 10.3.1 [cited above] has no formal obligation to do so." (emphasis added)
Sincerely,
Tony Petitti
Commissioner
B1G Conference
