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.”
Transfer Trends
October 15, 2013
A glance at the handbook of any statewide high school athletic association informs you that transfers have been the most problematic eligibility issue across the country over the years. In the MHSAA Handbook there are 12 high school athletic eligibility regulations covered over 25 pages, and one-fourth of these pages are devoted to one rule: the transfer regulation.
The MHSAA’s transfer rule casts a broad net over the turbulent waters of school sports . . .
-
Waters stirred by the inherent nature of athletics where people often look for competitive advantage, and sometimes look for it in inappropriate places;
- Waters made more choppy by the domestic discord in which increasing numbers of students reside; and
- Waters made rougher still by economic hardships in which more families seem trapped.
Add to this bullying, cyber bullying and hazing from which students seek to escape, and transfers seem epidemic.
Because the transfer regulation catches some “fish” in its wide net that it should not snare, schools have a mechanism to request waivers from the Executive Committee. Last school year, 352 waiver requests were made and 265 were approved.
It is readily admitted that the net fails to snatch some fish that it should catch and withhold from competition for a semester or longer. The most obvious and egregious of those occur when a student changes schools for reasons related to sports and without compelling medical or family reasons. More of those will be snared beginning in 2014-15, and those that are will face a period of ineligibility that is twice as long as other students who are ineligible under the basic transfer rule.
The new rule (click here and go to Appendix B in the Summary of RC Action) links extended ineligibility after a transfer to certain activities before the transfer. If a student played high school sports during the previous 12 months and did one of the “linking” activities to the new school, and if that student is ineligible for one semester under the basic transfer rule (none of the 15 automatic exceptions applies), then the period of ineligibility is doubled in the sport in which the links exist: two semesters instead of one.
This is not the end of the story, but merely the next chapter to develop and administer a transfer rule that facilitates quick eligibility for more deserving situations and extended ineligibility for more athletic related changes.