Crime and Punishment
August 17, 2012
In my previous posting I identified three criteria that have helped the MHSAA decide what its responsibilities should be, which is worth re-reading in the context of the widespread debate about what the NCAA’s role should be in the wake of the Penn State tragedy.
In essence, my last posting stated that the MHSAA has neither the legal authority nor the resources to be involved in protecting young people at all times and in all places. It is in the area of sports, and especially within the limits of the season and the boundaries of the field of play, that the MHSAA has a role and rules.
So obviously, if I had been asked about what the NCAA should do about Penn State, I would advise the NCAA to look at its Handbook. If its member institutions have adopted policies and procedures to be followed and prescribed penalties to be enforced that apply in this matter, then by all means, follow the rules. But if not, stay out of it. You’ve got enough to do that’s not getting done where you have the requisite expertise and responsibility.
Clearly, the NCAA leadership took a different position, apparently preferring to absorb criticism for going too far rather than suffer criticism that it did too little in response to horrific behavior at one of its member institutions.
Unfortunately, in stating publicly that the severity of the penalties was intended to send the important messages that football should not outsize academics and that success on the field should not be at the expense of the safety and nurturing of athletes and that coaches should not be treated as larger-than-life heroes, the NCAA misses the point that the system the NCAA itself has created or allowed is much at fault for such excesses.
Any system that allows such lavish expenditures on the sports program and its personalities the way it is allowed in NCAA Division 1 football and basketball will continue to have serious problems, every year and at multiple institutions. Penn State is not the first university to have screwed up priorities; it just has the most recent and tragic victims.
For its part, the MHSAA has rules designed to position athletics secondary to academics, keep the pursuit of success secondary to safety, and maintain administrators’ authority over coaches, whose pay may not exceed the supplementary pay schedule for teachers and may not flow from any source but the school itself. We are striving to have policies now that will make it unnecessary to impose penalties later for sports programs that are out of control.
Law and Order
June 9, 2017
I have no knowledge of the rumored wrongdoing associated with the athletic department at Baylor University except what I’ve read in leaks and news reports for well over a year. One thing I’ve noticed is the different approach the NCAA is taking now compared to its high-profile involvement when the scandalous wrongdoing at Penn State began to surface just a few years ago.
In both situations, we are not talking about violations of rules directly related to the conduct of an intercollegiate athletic program. Apparently in both cases, there are crimes involved, for which society has a system to adjudicate guilt and, if found, to assess penalties.
In the earlier case, the NCAA jumped ahead of the judicial system to find guilt, and it vaulted over its own Handbook to fix penalties. Some of those penalties have since been modified or vacated. They were based on public opinion more than the published policies and procedures for governing NCAA operations.
Perhaps the NCAA’s lower profile now indicates it has learned from its earlier overreach that, however heinous the behavior, some things are beyond the authority and regulatory responsibility of a voluntary, nonprofit athletic association – no matter how powerful it may seem.
While I’m not aware of anything remotely resembling these situations in Michigan high schools, it is not infrequent that the Michigan High School Athletic Association is asked by a well-intentioned person to terminate the athletic eligibility of a student who has broken a public law but not a published rule of his or her local school or the MHSAA. We can’t.
The MHSAA does not have rules that duplicate society’s laws or seek to exceed them. Even with a budget 1,000 times that of the MHSAA, the NCAA has discovered it doesn’t have policies and procedures to do so consistently or well.
We already know that the MHSAA must allow local schools, law enforcement agencies and courts to deal with transgressions away from school sports. Our job is to stay focused on sports and a sub-set of issues that address participant eligibility and safety as well as competitive equity between contestants.
The MHSAA is an organization that cares about young people but recognizes its limitations, both legal and practical. The MHSAA has neither the legal authority nor the resources to be involved in regulating young people and coaches for all things, at all times and in all places. In the area of sports, and especially within the limits of the season and the boundaries of the field of play, the MHSAA does have a role, and it’s to help provide an environment that is sportsmanlike, healthy and consistent with the educational mission of schools.