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.

Membership Growth

September 19, 2014

My last posting addressed the need for the Michigan High School Athletic Association to act like a member-based organization even though MHSAA membership is free and member-based revenue does not contribute to the MHSAA’s fiscal well-being. I cited the need to apply membership recruitment and retention principles as we work to attract and hold registered contest officials.

I might also have cited our need to attract and hold junior high/middle school members. While the MHSAA’s membership includes most of Michigan’s public and nonpublic high schools, fewer than half the state’s junior high/middle schools are MHSAA members.

We know the reason that most of the non-member schools at this level do not join the MHSAA is that they want to do their own thing – make their own rules – and they do not see enough benefit in MHSAA membership to overcome the advantages of their local autonomy.

They want to schedule more contests and/or sponsor longer seasons than is permitted by MHSAA rules. They are not much concerned with consistent application of playing rules, eligibility rules and limits of competition, which MHSAA membership requires. They are not much concerned with providing MHSAA-registered officials for their contests or MHSAA-purchased catastrophic accident medical insurance for their student-athletes.

There is no revenue incentive for the MHSAA to try to change these attitudes; but actually, the reasons for the MHSAA to do so are more important than money. In fact, the future of high school athletics depends more on what is happening today at the junior high/middle school level than at the high school level.

The less connected that junior high/middle school level programs are to high school programs today, the more problems the high school programs will have tomorrow – including controversies over conduct, confusion over eligibility and problems related to disconnected policies, procedures, philosophies and perspectives.

The MHSAA will serve school sports in Michigan best if it makes recruitment and retention of junior high/middle schools one of its highest priorities, and serves those schools with what the students and parents at that level want – which is, in fact, more school-sponsored competition, some even resulting in MHSAA-sponsored regional tournaments. Of course, both membership and tournament entry would be free of charge.

Just like most member organizations which need to look constantly for new, younger members, the enterprise of high school sports needs to be recruiting new schools which serve younger grades. It may not just be a matter of growth; it may be a matter of survival.