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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.

Continuous Work

July 6, 2015

Since we posted the blog below on May 16, 2014, we have observed that major portions of the NCAA’s sanctions of Penn State have been overturned for being beyond the authority that member institutions have given the NCAA. This reminds us of the need to have our own organization continuously working on rules and penalties, and the authority to make and enforce such rules and penalties, that may become necessary in the future for the ever-growing range of issues we confront in school sport.

We take no comfort when leaders of sports on other levels get embroiled in controversy; but we do try to learn from those situations.

For example, we watched very closely in 2012 how the National Collegiate Athletic Association responded fast and with force to the horrific sex abuse scandal at Penn State. The NCAA may have ignored its prescribed due process and exceeded its penalty authority, winning mostly praise from the public; but now the NCAA is mired in litigation over the legality of its swift and severe actions.

We are currently observing what could be a similar scenario for the National Basketball Association. Its commissioner moved quickly to impose a lifetime ban and other sanctions after racist public statements by an NBA team owner. While most people have praised the speed and severity of the commissioner’s actions, some people note that the recent racist remarks were not something new for this owner and the unprecedented penalties may be the subject of a lifetime of litigation.

The lesson of these situations for leaders in other places and on other levels is to be especially cautious about using power in popular ways. No matter how horrible the transgression, no matter how angry it makes you personally, follow the established rules of procedure and keep within the limits of your explicit authority.

I confess that this can be frustrating and that I have sometimes felt paralysis more than power when performing the role as MHSAA investigator and penalizer. But some of that frustration may be my own fault. If such frustrations are too common, we should be reworking the organization’s Constitution and rules, with the members’ agreement, to streamline process and strengthen penalties.

Significant steps in this direction have been occurring. For example, in May of 2013, the Representative Council adopted the athletic-related transfer rule; and on May 4, 2014, the Council increased the maximum penalty for undue influence from one year to four years for both students and adults.