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.”
Fantasy Land
March 8, 2013
Advocating at the national level for unachievable ideals not only diminishes the importance of those achieving reasonable accomplishments at the grassroots level, it also threatens the future of organized sports for the masses; and few organizations in a position to know better are doing as much to create these unintended consequences as the National Athletic Trainers Association.
It is a NATA-driven “Youth Sports Safety Alliance” that has developed a six-page manifesto for youth sports, including NATA’s “Secondary School Student Athletes’ Bill of Rights” which is mostly beyond the means of youth sports sponsors, and has marched to Capitol Hill to urge the federal legislature’s action to pursue those goals, among which is the conveniently unstated objective of advancing job opportunities and security for athletic trainers themselves.
MHSAA surveys indicate that, conservatively, fewer than 20 percent of Michigan high schools and junior high/middle schools have a full-time certified athletic trainer on staff. In fact, only a minority of schools think such a full-time position is necessary, given other cheaper options available to them in the form of contracted services of medical groups and the volunteered services of many other medical professionals. An even smaller minority has the means to pay for a full-time certified athletic trainer, given all the cuts in state aid to schools; and many schools – urban, suburban, rural and remote – wonder where in their communities they would find a certified athletic trainer if such were mandated everywhere.
NATA’s earlier recommendations in the extreme for acclimatization of players at the start of the football season have already resulted in a state law in Maryland that football coaches there criticize for leading to a less safe sport now that they have less time to teach technique and prepare players for first-game contact. In theory, NATA’s notions are nice ideas; but in practice, they are less safe for the participants. And anything that is less safe for the participants not only endangers today’s players, it also jeopardizes the future of the game. Which, by the way, does nothing to enhance employment opportunities for trainers.