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.

Who’s Listening?

August 1, 2014

In an organization as diverse as this one, including that some schools are located more than a 10-hour drive from others and some schools are 100 times larger than others, differences of opinion about policies, procedures and programs are inevitable – and so are complaints about the decisions the organization makes.

One of the criticisms that decision-makers can count on from constituents is that they don’t listen well to or consult adequately with those affected by their decisions. Generally, such criticism comes from those who favored a different decision. They complain about the process when it’s really the result of the process that bothers them.

From where I sit, sometimes the target of such criticism, I often wonder if the pot is calling the kettle black. I wonder if the critics are listening attentively or at all to their own constituents. For example: 

  • While a significant minority of school administrators complain of the burdens of the MHSAA’s increasing requirements for coaches education focused on health and safety, nearly 100 percent of their parents want even more than the MHSAA is mandating – they want what we’re requiring sooner than we are requiring it, and they want even more required.
  • While it’s only slightly more than half of school administrators who want the MHSAA’s role and authority to begin before the 7th grade and want schools running those younger grade level sports programs, nearly 100 percent of students and their parents want these things to happen, and they have for a long time.

When I bring these two topics up to students or speak to local parent groups or county school board associations, I can count on getting an earful of impatient suggestions.

So while some school administrators might complain that the MHSAA isn’t listening well enough to them, I wonder if those critics are listening well enough to their own constituents.