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.”

Upon Further Review

November 6, 2015

Michigan was among the first dozen statewide high school associations in the U.S. to reduce the amount of contact during football practices. Since Michigan acted prior to the 2014 football season, the National Federation of State High School Associations has adopted recommendations, and all remaining state high school associations have adopted new restrictions.

The task force that acted early in Michigan to make the proposals that were supported by this state’s football coaches association and the MHSAA Representative Council wanted policies that could be clearly understood and easily enforced. The task force concluded that counting minutes of contact during a practice or a week was not the best approach.

Who would track the minutes for each and every player? Does the minute of contact count for a player who is only observing and not actually participating in the contact drill or scrimmage?

In limiting Michigan teams and players to one collision practice a day prior to the first game and two collision practices per week the rest of the season, the task force recommendation avoided the need to have coaches and administrators track and record the minutes of each and every player on each and every team each and every day and to determine what types of activities and what degree of involvement counted against 30- or 60- or 90-minute maximums.

It is anticipated that the MHSAA Football Committee will review in early 2016 what other states have done since the MHSAA acted in early 2014, but it is not assumed that changes are needed to existing practice policies. Further review may confirm earlier judgments about policies that are both protective of players and practical for coaches and administrators.