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.
Committees Fail Critical Issues
June 7, 2013
Typically, each sport committee meets once each year for three to five hours, during which time it considers proposals that come from schools, leagues and the state’s coaches association for the sport; and the proposals most often deal with allowing more regular-season events and more qualifiers to the MHSAA postseason tournament.
Occasionally there is a proposal that might improve sportsmanship. But much more often the proposals would increase conflicts between academics and athletics and/or strain overstressed local budgets. And almost never is there a proposal that would address the health and safety of participants (the Wrestling Committee has been an occasional exception and the Competitive Cheer Committee is a routine exception).
While coaches associations must shoulder some of the blame because they’ve brought MHSAA committees “trivial” topics, at least in comparison to the tougher health and safety topics, much of the cause of MHSAA committee ineffectiveness is that the committees don’t meet long enough or often enough to research serious problems and develop well-thought-out solutions. That is forgivable because it is difficult to get commitments from busy people all across Michigan to be absent from their regular jobs and travel dozens or even hundreds of miles, and to do so multiple times each year – which is what it takes to more fully understand complex problems and more carefully construct solutions. Meetings have to be few and they have to be efficient.
However, facing the worst publicity football has seen since the mid-1970s, we knew we had to supplement the football committee process. We did so by appointing a special Football Task Force of optimum size and experienced, representative makeup to meet on however many occasions are necessary during 2013 to accomplish three purposes:
- Review practice policies to improve acclimatization of players and reduce head trauma.
- Review competition rules to reduce head trauma and the frequency of the sport’s most injurious game situations.
- Develop promotions that extol the value of football to students, schools and communities and the safety record of school-based football.
The promotional efforts have begun to be rolled out; game rule modifications are being investigated; and four proposals for changing football practice policies have been prepared. They will be the topic of our next posting.