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.”

Many Big Changes Ahead

April 25, 2014

The May meeting of the MHSAA Representative Council is usually the one that produces the most action leading to the most change in Michigan school sports. This year, however, the Council could skip this meeting entirely, and still school sports would be in for the greatest number of significant positive changes that we have ever seen over any previous two- to three-year period.

In the area of health and safety, schools will be in the second year of the “Model Policy for Managing Heat & Humidity” adopted in March of 2013 and the first year of new Football Practice Policies adopted in March of 2014. The practice policies lengthen the early season acclimatization period from three days to four and reduce collision practices to one per day prior to the first game and to two per week thereafter.

This fall, the first of three enhancements to the health and safety preparation of coaches takes effect. All high school assistant and subvarsity coaches must complete a rules and risk management requirement similar to high school varsity head coaches. In the fall of 2015, all high school varsity head coaches must be CPR certified. In the fall of 2016, all first-time high school varsity head coaches must have completed the MHSAA’s Coaches Advancement Program Level 1 or 2.

This fall brings two big changes in the transfer regulation. The athletic-related transfer rule adopted in 2013 takes full effect Aug. 1, 2014, as do rules that remove different treatment of J-1 and F-1 visa students and the disparate impact of Federal laws on public and nonpublic schools with respect to F-1 students.

Meanwhile, the MHSAA has already committed all of 2014 to a comprehensive examination of some very large junior high/middle school issues (e.g., should we be including younger grades and should there be Regional tournaments); while during the second half of 2014, there will be new looks at out-of-season coaching rules and broader application of “subvarsity” level opportunities to transfer and international students.

Even if the Representative Council makes no changes at its May 4 and 5 meetings, the fall of 2014 will be the busiest I’ve been a part of in 29 years.