Beyond the Noise
September 13, 2013
It has been said that when the law is not in your favor, then argue the facts; or when the facts are not in your favor, then argue the law; and when neither supports what you want, then just argue.
And this is the time of year when we are reminded that old adage is true.
It is in August and September when the MHSAA staff processes more eligibility questions and the MHSAA Executive Committee considers more requests to waive eligibility rules for individual students than at any other time of year. Often it is the least meritorious cases that create the loudest noise.
It is during these months and the next that the MHSAA deals with the most stressful of forfeitures caused by the participation of ineligible players. When an ineligible student plays in a varsity football game, that forfeiture not only means the loss of that game; that loss could also mean the team loses a spot among the qualifiers in the Football Playoffs.
Difficult eligibility and forfeiture cases sometimes make for good publicity for the individuals involved, but they can create bad precedent for the future of the program if it is only those noisemakers who are listened to and served.
Students of Rules
November 12, 2013
Those who make rules ought to be students of rules. We mean this in at least the two ways this posting and the next will address.
First, rule makers should know the essence of the existing body of rules which they will be responsible for upholding or modifying during the necessary ongoing review of those rules. These rule makers should have a general awareness of when and why each rule was first adopted, how it might have evolved, how it is now applied and what the major compliance problems have been in the past or may be in the future.
This first requirement is as important for those who prepare the rules for the contests – the playing rules – as for those who promulgate the rules that establish the minimum eligibility standards and the maximum limits for competition. In the face of any proposal to eliminate or greatly modify any rule, rule makers must ask what problems may return if they remove the rule that solved those problems.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules, of course, don’t come out of thin air. Legislatures and organizations adopt them usually to proscribe unwanted behaviors but typically in reaction to events. They lower speed limits after automobile accidents become too frequent, regulate pit bulls after a series of dog bites, or institute new expense-tracking procedures after someone is caught trying to get reimbursed for their new iPod. Rules have been established for a reason, but most people are out of touch with the rationale and spirit of why. They don’t read legislative histories and so have a thin, superficial relationship to the rules . . .”
That is not acceptable for those who write, review and revise rules. They have to know where each rule has come from. This is why for the rule makers and for those in our member schools responsible for applying the rules day in and day out, the MHSAA keeps current “The The History, Rationale and Application of the Essential Eligibility Regulations High School Athletics in Michigan."