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.”
Fewer but Bigger Changes
June 22, 2015
The Representative Council has taken advantage of the repose to advance policies that extend across multiple sports and years. For example ...
- The three-year phase-in of additional health and safety requirements for coaches. The second step – CPR certification for all high school varsity head coaches – commences Aug. 1, 2015. The third step – that all high school varsity coaches hired for the first time in Michigan after July 31, 2016, complete the Coaches Advancement Program Level 1 or 2 – takes effect with the 2016-17 school year.
- The focus on concussion care in both practices and events of all levels of all sports. School year 2015-16 brings new reporting and recordkeeping requirements for member schools, as well as MHSAA-provided medical insurance protection for all eligible athletes, grades 7 through 12.
- Changing out-of-season coaching rules. While the membership didn’t rally toward a totally new approach during the past year’s discussions, consensus did coalesce around four substantive changes to the current approach to manage and monitor out-of-season coaching, which the Council approved to take effect in 2015-16.
- The proposed amendment to allow school membership in the MHSAA to begin with the 6th grade. Discussion on this topic resumed two years ago and it will continue through constituent meetings this summer and fall prior to the membership’s vote in late October. The change, if approved, would take effect Aug. 1, 2016.