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.”
RESPECTING RULES
November 20, 2015
For nearly a full century, the high schools of Michigan have stood in opposition to national high school athletic championships. As they existed in the early years of school sports, and even today, such events have very often exploited students and benefited commercial sponsors most. Such events are beyond the limited resources of most local schools; and allowing one school to participate tends to require other schools to go to the same extremes to remain competitive, creating the kind of arms war in school sports that now drives college sports further and further from their academic mission.
A decade ago, Michigan school districts added the following language to permit participation in national scope tournaments by individuals and groups of young people who had no connection to or similarity with a school team on which they had participated during the school season. The full and complete rule states:
A national high school championship includes any athletic event, regardless of title, which attempts to draw to it or its qualifying rounds only the top place winner or winners from more than one state high school association championship meet or is based upon high school regular-season or postseason tournament performances. A student may participate without loss of eligibility if all of the following conditions are met:
a. The event is not called or promoted as a national high school championship;
b. Qualification is not based on performances in the high school season or MHSAA tournament results;
c. The event is open to all non-school teams or individuals who qualify directly through one or more non-school events, or the event is without qualifying standards and is open to any individual who pays the entry fee;
d. If a team event, teams are not to be made up of students from a single MHSAA member school;
e. Teams and individuals do not represent an MHSAA member school; and
f. No MHSAA member school uniforms, transportation, funds or coaches are involved.
It is important to note that included in the universe of unapproved events are those tournaments, regardless of what they are named or for which there are qualifying rounds, which ATTEMPT to draw the best performers from the high school season. Whether or not this attempt is successful ... whether the event attracts the best performers or only the second-, third-, fourth- or worse performers ... the student-athletes of Michigan school districts may only participate if there is compliance with ALL SIX elements listed.
The intent of part "d" of the rule is to help assure that the participating teams from Michigan really and truly are NOT school teams, and to assure that no school team is masquerading as a non-school team but really extending the season beyond the limits agreed to by all school districts, thus undermining the fairness that other schools expect.
This 10-year old rule has been applied to every circumstance brought to the MHSAA's attention and to countless more where school districts knew and followed the rule without guidance from the MHSAA. It is such respect for rules that we honor and encourage, even as the organization facilitates a thorough vetting of rules prior to school districts joining the MHSAA by local board of education action each year.