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.”
The Complaint Department
May 26, 2015
The MHSAA office is one of the few places of business a person can telephone and still be greeted by a real live person.
Our real live person, Laura Roberts (no relation), has become a favorite of many MHSAA member school employees and registered officials because of her friendliness and command of facts. However, I recently overheard Laura say that the most frequent way she is greeted by other callers is, “I want to register a complaint.”
What is frustrating to Laura, and to the rest of the MHSAA staff, is that the caller’s complaint is so often about something the MHSAA is without authority and responsibility to fix. For example ...
- Complaints about coaches’ decisions regarding who makes the team and who gets playing time or who is playing what position are misdirected to the MHSAA. The MHSAA does not hire or supervise any coach, and has no authority to intervene in such matters as these; yet the parents’ complaints of this type come often to the state level when they should never ascend above the local school level.
- Complaints about officials’ decisions during the regular season are misdirected to the MHSAA. The hiring of contest officials outside of MHSAA tournaments is outside the authority of the MHSAA.
- The same is true regarding the days and times that regular-season contests are held.
- The same is true relative to the facilities utilized for regular-season events.
- Complaints about student conduct or training rules are misdirected to the MHSAA. Local boards of education jealously guard their sole authority to determine and enforce rules related to drinking, smoking and good citizenship.
- Complaints about all-state teams are misdirected to the MHSAA, which has never named a single all-state team in any sport. Sometimes it’s a media group which names these teams; sometimes it’s a coaches association; but it’s never the MHSAA which does so; and neither the media nor coaches associations answer to the MHSAA on such matters.
On these and other topics, the MHSAA is the misdirected target of daily complaints from those who want to better understand why things happen as they do in their niche of school sports. Because there are new constituents to school sports every year, it will be a never-ending test of our patience and professionalism.