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.

Our Open Tournament

April 15, 2016

One of the criticisms we hear as a result of not seeding the MHSAA Girls and Boys Basketball Tournaments is that it doesn’t allow the best teams to avoid one another until later rounds of the tournament and often leads to anticlimactic Semifinal and Final games.

But, after spending thousands of hours and perhaps a million dollars to seed its Division I men’s basketball tournament, the NCAA had a 17-point mismatch when a No. 10 seed met a No. 1 seed in one national semifinal and a 44-point blowout between a pair of so-called No. 2 seeds in the other national semifinal.

Seeding is such an imperfect art, and teams can play so unpredictably from one day to the next in a one-and-done tournament, that seeding is more of a publicity stunt than it is a science on which to structure a tournament.

To send a team and its fans packing to distant venues on the basis of its winning percentage and margins of victory relative to other teams is not responsible policy at the high school level. It could be unsound fiscally and unsound educationally.

Our high schools enjoy a format that allows every high school entry into the MHSAA’s postseason tournament every year. If we were to limit our tournament to only 68 teams like the NCAA, seeding might be more practical. But as long as we accommodate 750 high schools in our Boys Basketball Tournament and 750 in our Girls Basketball Tournament, geographical districts with blind draws may be most appropriate.

The NCAA tournament, like so much of major college sports, caters to the few and most fortunate; so maybe seeding is good in that environment. But our high school basketball tournaments are open to all schools, and they require we make different decisions to serve those schools.