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.
Early Learners
January 26, 2016
The good news is that the minimum number of pupil instruction days required for public school students in Michigan increases from 175 to 180 for 2016-17. The bad news is, Michigan public school students are still sitting in the back of the school bus.
The U.S. is in the lower half of the world’s nations in the length of school year for secondary school students, and Michigan is in the lower half of U.S. states in the length of school year. So just about anything the Michigan Legislature would consider to facilitate earlier starts to the school year as well as longer school days and weeks of instruction would be good for today’s students and our state’s future.
Among bills now pending in the Michigan Legislature is Senate Bill 567 that would remove the prohibition on public schools from beginning instructional days before Labor Day, except that classes could not be held on the Friday before Labor Day.
Some will be critical because this could put classes in conflict with double session sports practice days and large, all-day cross country, golf, soccer and tennis tournaments that are now common in Michigan school sports in late August; but these so-called conflicts would have positive effects:
These “conflicts” would tend to reduce the number of days of two-a-day practices that are much less in favor today with increasing attention to the health and safety of student-athletes.
These “conflicts” would tend to reduce the frequency of students playing in contests before they have attended any classes, which is far from ideal philosophically and a frequent cause of practical problems – including participation by ineligible students and resulting forfeits.
Students are engaged in school sports, marching band, cheerleading and other school-related activities throughout most of August, and they are much more eager learners then than later in the school year. Schools should be allowed to let them learn in the classroom then, not just in extracurricular activities.