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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.

The Whole Body of Work

June 27, 2016

From time to time over the years, criticism has been leveled at the Michigan High School Athletic Association because an MHSAA publication cover lacked a certain number of photos of females or minorities, or a certain balance of large schools or small schools or nonpublic schools ...

My response has always been, “Don’t base your opinion on one cover. Look at the whole body of work. Look at the covers across all sports and an entire year.”

So, when there was recent criticism that our football practice policy wasn’t progressive enough, that it allows (in theory only) too much time for contact drills, my response is: Look at the entire body of work.

The MHSAA was one of the first states in the nation to limit contact in football practice, both preseason and regular season. Some states still do not.

Some of the states which appear to have more restrictive practice policies in the fall also allow football practice in the spring, which actually increases exposure to injury. Michigan does not.

Some states which appear to have more restrictive practice policies in the fall also allow contact at out-of-season football camps, which actually increases exposure to injury. Michigan does not – never has allowed its players to participate in contact drills at football camps, a policy to which some states are returning because of the safety concerns we’ve always had in Michigan.

Some states allow students to participate in five, six or even eight quarters of football games in a single week. In Michigan, students can play in one game only during any five day period, never two, and never part or all of a JV game one day and part or all of a varsity game another day during the same week. That’s been Michigan’s rule for decades, and some states are finally moving in that direction.

  • The MHSAA is the first and only state to provide concussion care gap insurance at its own cost to assure all students have prompt and professional medical attention without the worry of unpaid medical expenses. This is for all students in all levels of all sports, practice and competition, grades 6 through 12.

  • The MHSAA conducts the nation’s largest high school association managed sideline concussion detection pilot program.

  • The MHSAA conducts the nation’s broadest and deepest high school association managed concussion reporting system.

There is still more to the whole body of work – but the point is made. Criticism of the MHSAA for lack of attention to participant safety – in football or any other sport – is wholly unjustified.