Limitations of Rules
November 15, 2013
Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”
The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.
While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”
We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”
Adult Errors
February 26, 2016
Every month, the MHSAA Executive Committee considers requests to waive eligibility rules for students. In very many cases, the student has become ineligible largely as a result of actions by others, most often a transient, broken or otherwise dysfunctional domestic environment.
While the Executive Committee starts the consideration of every case with a bias toward helping the student, the Executive Committee does not accept as a blanket excuse, “It wasn’t the student’s fault.” That alone will not win a waiver for the student.
When schools utilize an ineligible player in competition, resulting in forfeiture of the contest, it is almost always an inadvertent violation, often an administrative oversight. Once again, there is an inclination for people to appeal the required forfeit because, “It wasn’t the kids’ fault.”
Every third year or so, a school team will participate in more than the maximum number of contests or days of competition permitted during the regular season, and lose its MHSAA postseason participation privileges in that sport. Again, this is almost always an administrative misunderstanding ... “an adult’s error which shouldn’t penalize the team.” Again, “It wasn’t the kids’ fault.”
If every rule was unenforceable when it was an adult’s error, not a student’s fault, there would be few enforceable rules in school sports, and increasing disregard for rules. It has been encouraging to have so many people contact the MHSAA office in support of that message.