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Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.

The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.

Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.

But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.

Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.

We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.

Beyond the Noise

September 13, 2013

It has been said that when the law is not in your favor, then argue the facts; or when the facts are not in your favor, then argue the law; and when neither supports what you want, then just argue.

And this is the time of year when we are reminded that old adage is true.

It is in August and September when the MHSAA staff processes more eligibility questions and the MHSAA Executive Committee considers more requests to waive eligibility rules for individual students than at any other time of year. Often it is the least meritorious cases that create the loudest noise.

It is during these months and the next that the MHSAA deals with the most stressful of forfeitures caused by the participation of ineligible players. When an ineligible student plays in a varsity football game, that forfeiture not only means the loss of that game; that loss could also mean the team loses a spot among the qualifiers in the Football Playoffs.

Difficult eligibility and forfeiture cases sometimes make for good publicity for the individuals involved, but they can create bad precedent for the future of the program if it is only those noisemakers who are listened to and served.