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.”
Unjustified
December 11, 2015
The MHSAA has taken some unjustified criticism about the last-minute cancellation or relocation of several boys basketball games scheduled for the University of Detroit-Mercy earlier this week.
Unjustified because we would have liked the event to have been successful for our schools involved and a venue (Calihan Hall) we use often for MHSAA events.
Unjustified because the failure to follow interstate sanctioning rules was not our fault.
Unjustified because those who were in charge failed to respond to several outreaches well in advance of the event that were intended to inform or remind the organizers to seek and obtain proper approvals.
Unjustified because those approvals are a required part of the sanctioning policies and procedures of the national organization to which we belong, and which applied as much to the out-of-state schools as to our own.
Unjustified because critics now blame the problem on travel distance restrictions, which was not the issue at all. The travel was well within the generous limitations that exist.
What was at issue was the requirement that interstate events that are sponsored or co-sponsored by entities other than member schools must have the prior approval of each of the state high school associations involved, as well as the approval of the National Federation of State High School Associations (NFHS). This flows from the original purpose of the NFHS which was to bring accountability to interstate events at the high school level operated by colleges and commercial organizations.
We expect our schools to follow established rules of their state association, and we try to model that expectation by following the rules that apply to the MHSAA within its national organization.