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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.

Fracking in School Sports

May 1, 2015

First there were rumors, then there were reports, and now there are beginning to be results from geological surveys warning that the process of fracking in oil and gas exploration and deep ground extraction is increasing the frequency of earthquakes in several parts of the United States.

I want to say, “Duh! How could it not?” Why would it surprise any rational human being that the delicate blue marble we inhabit would not get off kilter when we bore deep into the surface with drills and explosive charges and then pump water at high pressure into the tunnels we create and the crevices we exploit? When I put that picture in my mind, I shudder.

Often I picture the world of school sports like this marble we inhabit. Sometimes I see exploiters drilling deep into our core, dropping explosives, applying pressure, and extracting what they believe are valuable resources while laying waste to everything else, including very much that is very precious to very many other people – in fact, to most athletes, coaches, administrators, officials, parents and spectators.

We should pay attention to the times when we feel our foundation shaking, even just a little. We should make it difficult for the exploiters to extract our elite, especially when they disregard and lay waste to everything else that holds our world – educational athletics – together.