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.”

Standards Promote Value

October 29, 2012

I can’t speak for every state, but it is probably true for most states, that (1) no school is required to provide a program of interscholastic activities – such are not curricular activities; and (2) participation in voluntary interscholastic competitive activities is a privilege offered to those who meet standards of eligibility and conduct of the school and standards of ability for the activity involved.

It is not a liability but an asset of competitive interscholastic activities that they are not co-curricular, but extracurricular – voluntary programs with extra standards, extra requirements, extra expectations.

We don’t need to sell the public on the value of participation; they desperately want their children to participate, and they will even sue us for the opportunity.  What we have to do is sell the public on the value of the standards we maintain for participation.

Much of the value of school activities results from the standards of school activities.  Many of the benefits of school activities accrue from the requirements of school activities.  Raise the bar, raise the value.  Lower the bar, lower the value.

Activities are much less capable of doing good things for kids and good things for schools and their communities where there are lower standards of eligibility and conduct.  It’s the difference between interscholastic and intramural, between tough and easy.  It is because schools have raised the bar for interscholastic activities that these programs have value to students, schools and communities.