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.

Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.

The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.

Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.

But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.

Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.

We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.