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 Old Is New Again

October 23, 2015

In the hidden back reaches of my closet at home I’ve kept some ties, suits and pants I have not worn for many years, forgotten as I purchased or was given newer and more fashionable clothes. Needing space, and heeding my wife’s suggestion that it was time to donate what I never wear, I gave my wife a fashion show of my long-neglected wardrobe. I wanted her help to decide what to discard.

Some of the items I modeled brought back memories of happy times, like weddings and reunions; others of sadder times, like funerals. Some items were laughably out of style. But, surprisingly, some of the oldest items looked the best ... almost as good as the most recent additions to my wardrobe. They were, in fact, back in fashion.

This caused me to recall that some of the discarded policies of educational athletics are working their way back in fashion.  For example …

  • For many years, even after many states changed their rules, the MHSAA was criticized for prohibiting member schools’ students from wearing full equipment at and participating in the full-contact summer football camps of universities and commercial organizations. Now, with greater attention to improving acclimatization and reducing head contact in football, other states are returning to the policies we never discarded: contact-free out-of-season football camps and clinics.

  • Equally “dishonored” by those who believe there is never too much of a good thing have been MHSAA rules that limit the number of contests and the distance of travel. After years of more and more of everything, the new normal of severely limited school sports budgets makes our modest schedules more virtuous than ever.
  • For many years, MHSAA policy has stood apart from most states by limiting students to competing in only one level of a sport in a single day … no JV and varsity in the same day, no fifth or sixth quarter rule. Now, with even greater attention to reducing head and overuse injuries and other student health and safety issues, our rules look both protective and progressive, not overly restrictive.

If a man waits long enough, even his narrowest tie or widest lapel will be back in fashion; so what makes me cling to old clothes also makes me think twice about changing established rules. It is just as difficult to restore a discarded rule as it is to wear a discarded jacket.

It’s always easier to relax a policy than to restore it when we rediscover we need it.