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.”
Seal of Approval
February 12, 2016
“Sanction” is an interesting word. Sometimes it is used in a negative way, as in penalties, like the U.S. trade embargoes recently lifted on Iran and Cuba. Other times, to sanction something is to endorse it or at least approve its existence.
It is in this second, more positive sense that school sports uses the word “sanction” with respect to athletic events. And with respect to interstate meets and contests, the MHSAA adheres to the Sanctioning Bylaws of the national organization to which it belongs, the National Federation of State High School Associations (NFHS).
Without getting into the policies and procedures, here is what the NFHS says about the philosophy of sanctioning interstate athletic events:
Interscholastic programs should serve educational goals. To this end, schools have an obligation to conduct certain threshold inquiries about events in which their students may participate. On occasion, additional inquiries and oversight may be appropriate at the conference, district, state or national levels. In order to perform their “inquiry and oversight” functions fairly and efficiently, decision-makers at various levels have developed sanctioning procedures. The specific purposes served by event-sanctioning procedures include the following:
1) Sanctioning enhances the likelihood that events will adhere to sound and detailed criteria which meet the specific requirements of a school or a group of schools based upon experience and tradition.
2) Sanctioning serves to promote sound regulation of the conditions under which students and teams may compete.
3) Sanctioning is a means of encouraging well-managed competition.
4) Sanctioning adds an element of “due diligence” that encourages compliance with state association rules and regulations.
5) Sanctioning protects the welfare of student-athletes.
6) Sanctioning protects the existing programs sponsored by member schools and thereby promotes the opportunity for larger numbers of student-athletes to gain the benefits of interscholastic competition.
7) Sanctioning helps reduce the abuses of excessive competition.
8) Sanctioning promotes uniformity in obtaining approval for events.
9) Sanctioning helps protect students from exploitation.
Interstate event sanctioning at the NFHS level promotes financial transparency and equivalency of treatment of participating high schools. NFHS sanctioning forms are available on the NFHS website (www.nfhs.org).