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.”
Considering the Unrepresented
November 22, 2011
When I interviewed for the job of MHSAA executive director in the spring of 1986, I was asked about my administrative philosophies and approaches to problem solving. I don’t recall now all I said then, but I do clearly remember saying I would “err in favor of kids.” I meant that, when a difficult situation presented an unclear choice, I would give the benefit of doubt to kids.
That was somewhat naïve, I suppose; but I still do bring that mindset to situations that appear to be a toss-up.
Over the years I’ve stumbled upon or consciously cultivated other lessons for myself, and I have shared some of them with my dedicated colleagues at the MHSAA. Of many, here’s the first of six (the other five will be presented in subsequent blogs): Consider those not in the room or not at the table.
When people propose a change in a rule, consider where they are coming from, and consider those who are not present who may have different circumstances, perspectives and needs.
If the proposal is from large schools, consider how it might affect small schools. If from southern schools, how it might affect northern schools. If from suburban schools, how it might affect urban or rural. If from football coaches, how it might affect other sports; if from a winter sport, how it might affect fall or spring sports.
When people seek from the Executive Committee waiver of a particular rule on behalf of one student, ask how that waiver would affect those not present against whom this student would compete.
When someone seeks relief from a penalty, ask how that will affect those not present, including those who have received the penalty in the past or should receive the penalty in the future.
Considering those who are not in the room who may be affected by a proposal by those who are in the room has been a gift given to me by Keith Eldred of Williamston who served on the Representative Council over 25 years ending in 2008.