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 Safe Play Game Plan

April 21, 2015

On Feb. 10, bills were introduced into both the United States Senate and United States House of Representatives, together called the “Safe Play Act,” which addresses three of the four health and safety “H’s” described in my last posting: Heat, Hearts and Heads.

For each of these topics, the federal legislation would mandate that the director of the Centers for Disease Control develop educational material and that each state disseminate that material.

For the heat and humidity management topic, the legislation states that schools will be required to adopt policies very much like the “MHSAA Model Policy to Manage Heat and Humidity” which the MHSAA adopted in March of 2013.

For both the heart and heat topics, schools will be required to have and to practice emergency action plans like we have been promoting in the past and will be distributing to schools this summer.

For the head section, the legislation would amend Title IX of the 1972 Education Amendments and would eliminate federal funding to states and to schools which fail to educate their constituents or fail to support students who are recovering from concussions. This support would require multi-disciplinary concussion management teams that would include medical personnel, parents and others to provide academic accommodations for students recovering from concussions that are similar to the accommodations that are already required of schools for students with disabilities or handicaps.

This legislation would require return-to-play protocols similar to what we have in Michigan, and the legislation would also require reporting and record-keeping that is beyond what occurs in most places.

This proposed federal legislation demonstrates two things. First, that we have been on target in Michigan with our four Hs – it’s like they read our playbook of priorities before drafting this federal legislation.

This proposed federal legislation also demonstrates that we still have some work to do.