Penalty Points

August 26, 2016

The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.

The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.

Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.

It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.

While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.

Friday Night Football

September 23, 2016

There continues to be among high school athletic administrators a great gnashing of teeth over encroachment of televised college football on the Friday night turf that long tradition reserves for high school football games. Little by little and year by year, college games drift to all times of the day and all days of the week, and Friday night is no longer hallowed ground for the high school game alone.

The Friday night intercollegiate fare remains mostly irrelevant games by second tier teams, but televised nonetheless because of the overabundance of production entities and networks seeking live sports events. But high school leadership is right to be on guard.

Known to very few people is a million dollar offer in the 1970s by then NCAA Executive Director Walter Byers to the National Federation of State High School Associations if it would not oppose televised college football games on Friday nights. Clifford Fagan, then executive director of the National Federation, declined the offer from his good friend; and the mutual respect these two men enjoyed brought an end to the negotiation.

Then, as now, the National Football League was prohibited by law (part of its anti-trust exception) from televising games on Friday nights and Saturdays from mid-September through mid-December where the broadcast would conflict with a live high school or college game. Under Byers, and until the NCAA lost control of intercollegiate football broadcasting as a result of a legal challenge by what was then called the College Football Association, college football leadership voluntarily gave high school football the same deference on Friday nights that the NFL did under federal law.

Today, major college football is such a ravenous revenue beast that it will schedule play at any time on any day in any location, televising every game – on college conference-controlled networks if the matchup is not attractive enough for national or even regional broadcasts. The Friday night high school football tradition can expect to be trampled as college football swarms and grunts around the feed trough like hungry hogs.