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.”

Permission to Disagree

February 17, 2015

An organization leader who is doing a good job works hard to provide the organization’s board of directors all the history and detail necessary to make good decisions. Questions and concerns are anticipated, and addressed in advance.

As a result of this good leadership, meetings usually run with efficiency, decisions are made without long discussions, and debate is infrequent and never contentious. Votes usually reflect unanimous agreement.

While these are traits of good organizational leadership, a tradition of great organizational dynamics is disagreement.

If the board is always in total agreement, then management is not bringing the board tough enough topics. The subjects are not serious enough. They are operational more than strategic; they are transactional, not transformational.

Among the current topics of school sports in Michigan are two upon which there is certain to be disagreement: (1) the role of 6th-graders in school sports and the MHSAA; and (2) out-of-season coaching rules. We see the lack of consensus at the local level and the league level and between different coaches associations. And we expect the Representative Council will lack unanimity if these topics ever arrive for the Council’s action.

These are large topics, worthy of our time because of the disagreement, not in spite of it.