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.”

Committee Work

January 6, 2015

The winter months are the busiest for MHSAA committees, especially for those that must review or prepare recommendations for changes for the following school year.

Each year, up to 20 MHSAA committees consider proposals for Representative Council action relative to MHSAA tournament policies or procedures or Handbook regulations or interpretations.

During school year 2014-15, wherever applicable, the committees are being asked to address health and safety issues as well as policies and procedures relative to subvarsity and junior high/middle school students; and as a result of positive 2014 Update Meeting Opinion Poll responses, each sport committee is being asked to respond during calendar year 2015 and beyond to several concepts for MHSAA tournament seeding.

MHSAA committees are dominated by coaches, but they are not a rubber stamp for proposals that proceed from that sport’s high school coaches association. The difference of opinion often results from the committee seeing things differently than a coaches association leadership that the committee believes is not representative of schools of diverse size, location and demographics.

It is appropriate for committees to ask: Who was not in the room when this recommendation was drafted? Who will not be served well by this change?

When committees go through this process, they tend to reduce the quantity but improve the quality of recommendations to the Representative Council, which increases the percentage of recommendations the Council adopts.