Unfair Tactic (or not?)

[duffymapes]

After the ball is dead, Team A sends a player off the field. After the ready for play whistle, they send on 4 players and 5 leave the huddle. One of those players who left the huddle stops short of the sideline and assumes a wide out position. The ball is then snapped.

Rule 9-2-2-b states "No simulated replacements or substitutes may be used to confuse opponent's. No tactic associated with substitutes or the substitution process may be used to confuse opponents."

Discussion:
In my eyes this is a foul (live ball) regardless whether the defense recognizes and covers the player near the sideline. However, I've talked to several experienced officials who say that this tactic may not be illegal if the defense covers the player and the offense doesn't gain an advantage. In other words, if the defense covers him, they aren't confused - no foul.