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.
Diversionary Tactics Backfire
September 24, 2013
Placing a stone in your left shoe will take your mind off a blister on your right foot; but it does not solve the problem.
Faced with domestic starvation and civil unrest, many dictators have created external enemies in hopes of distracting their countrymen and women and rallying their support. Think of North Korea as just one of dozens of examples, recent to ancient. It has even ocurred in the US, recently and throughout our nation’s history: strawmen vilified to distract us from other more pressing problems.
Closer to home, it is something like this strategy that may be at work in many school districts as they restructure and rename schools, or resort to closings and charters. And something like this is behind the state and federal emphases on standardized testing and schools of choice.
And really close to home, it was something like this at work in football. Faced with thousands of former players with alleged concussion-related illnesses filing suit against the National Football League, and bad publicity mounting, the NFL focused instead on youth football. We told them this strategy would backfire; but a professional league with more money than many nations was not inclined to listen to little guys like us.
The NFL went state by state to advance concussion legislation which was long on symbolism and low on substance, and totally lacking any enforcement capabilities. In state after state, the NFL paraded young people with sad stories in front of state legislators looking for good headlines.
So today, 49 states have new “concussion” laws; and participation rates in youth football are plummeting. Big surprise. But ironically, it’s plummeting at a time when school-sponsored football is the safest it has been since it was introduced to schools 100 years ago. The equipment is the best ever, the rules the most protective ever, the coaches and officials the best trained and most safety conscious ever.
Take a look at this quick video that tells the true story about school-sponsored football.