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.”

A Solutions Approach

July 13, 2015

I had not been to New Orleans since Hurricane Katrina devastated the city, and I expected to see much change since my several visits before the flooding. What I discovered when I attended national meetings there recently was little change ... including most of the same sights, sounds and smells of years before. I expected the same of the national meetings ... “same-ol’ same-ol’.”

It has become tradition that the executive directors of the 50 statewide high school athletic associations meet twice during the annual summer meeting of the National Federation of State High School Associations in sessions separate from all other delegates to that large convention. It has also been customary for me to leave those sessions depressed as problem was heaped upon problem by the directors, with little attention to solutions.

However, between the two sessions this year, a small group of the executive directors talked about strategies to redirect the conversation; and the result of the second session in New Orleans was to develop a strategy for identifying and prioritizing the most significant problems of school-based sports, and then identifying and prioritizing the resources and alliances currently available, as well as those that could be developed through cooperative effort and strategic partnerships, to attack the most pressing problems.

The expertise to solve such problems has been in our room for years. What has been lacking is the commitment to a process that could move us from a group accomplished in citing problems and suggesting reasons for them to a group accomplished in working together to solve the most significant problems.

So, the “Big Easy” is and may remain pretty much as it always has been. But maybe future meetings of the National Federation, wherever they may be, will be undergoing substantive change.