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.

Corporate Care

March 10, 2015

One of the MHSAA’s newest corporate sponsors is arguably one of its most important ever because it will assist the MHSAA’s aspirations to go further beyond the ordinary in promoting student-athlete health and safety.

That new sponsor is Sparrow Health System, and you can read about our new relationship by clicking here.

During the many discussions with Sparrow’s leadership leading up to our partnership, we learned of its membership in the prestigious Mayo Clinic Care Network; and during our review of some of Mayo’s work we reviewed an April 2012 Mayo Clinic article about the risks of concussion in high school football.

The article presented the results of a carefully controlled study of individuals who played high school football in Rochester, Minnesota, during the decade 1946 to 1956.

The conclusion was that those participants did not have an increased risk of later developing dementia, Parkinson’s disease or amyotrophic lateral sclerosis (ALS) compared to non-football-playing high school males. The study notes that this was the case even though, compared to today, “there was poorer equipment and less regard for concussions and no rules prohibiting head-first tackling (spearing).”

There is no small supply of data that sheds better light on the head trauma hysteria in sports in general and football in particular. We cite such data as a counter-balance, not as a reason to slow the search for safer ways to conduct school sports. Our new sponsorship is evidence that we are increasing our capacity to do much more.