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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.

Baloney

January 27, 2015

When I was in high school and college I worked a different job each summer, usually looking for hard labor that would help prepare my body for the next football season, and each time confirming that it would not be my choice for lifetime employment. One summer I worked at a lumber yard and paper mill complex along the banks of the Wisconsin River.

Every day I ate lunch with the men who had made this their life’s work; and I grew in ways both positive and negative as I listened to their conversations and tales. We all brought our own lunch pails.

One day, one of the more veteran employees opened his lunchbox and flew into a rage. “I can’t believe it,” he exclaimed. “Baloney again! I hate baloney.”

Trying to calm him down, another worker said, “If you hate baloney so much, just ask your wife to make you something else.”

To which the complainer replied, “That won’t work. I make my own lunches,” which resulted in an uproar of laughter from the rest of us.

I thought of this incident recently as I was preparing to meet with constituents about the rules they most love to hate: policies relating to coach and player contact out of season. Those are our most criticized rules.

But it occurs to me, if we don’t like the sandwich we’re eating – out-of-season coaching rules – we should remember: we made them ourselves, and we can change them. In fact, no one is in a better position to do so than we are. And no one has a greater duty to do so than we have, if we really are in need of a new recipe.