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.
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."