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.”

The Rules We Use

February 9, 2016

The MHSAA Handbook of 90 years ago consisted of merely 21 pages, a diminutive 3½ x 6 inches in size.

The proposals for just the changes in the Handbook for 2016-17 require almost as many words as the entire Handbook of 1925-26.

The Handbook has grown to 130 full-sized, 8½ x 11-inch pages not just because we serve more sports and students than 90 years ago. It also grows because life is much more complicated. Society, schools and sports have much broader concerns today.

Every policy described in the current Handbook got there as a response to people wanting more rules or recommendations – sometimes to treat students better and other times to promote competitive equity, both of which are worthy objectives and should continue to be the rationale for proposals.

Occasionally I hear my colleagues in other states say we need to modernize our rules, to be sure we are not trying to apply 20th century rules to 21st century problems. I don’t disagree with that populist refrain.

However, before any rule is removed, those in charge must ask and answer: “How will school sports look without this rule? Will the problem this rule was created to solve return if we remove the rule? Will doing so create even worse problems?”

Rarely has the adoption of a new rule by our organization been a mistake. I cannot say the same for the removal of rules.