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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.

Tasks Before Us

May 20, 2014

A year ago the MHSAA convened the first of several task forces that are tackling the kind of complicated topics on which our annual committee meeting process seemed incapable of making sufficient progress.

We assembled a 16-member task force that met four times over six months during 2013 to develop policy proposals to enhance acclimatization and reduce head-to-head contact in football practices. Meeting multiple times, the group could delve more deeply into data and explore emerging trends in both school-based and non-school football. The task force would develop ideas at one meeting, test them with constituents for a few weeks and then tweak the ideas at the next meetings. Task force members had the time to be both philosophical and practical, to think about what would be ideal and then trim that idea to be workable in all sorts and sizes of schools across Michigan.

As a result of this focused, multi-session approach, the Football Practice Proposals sailed smoothly through a vetting process during the winter months, earned the MHSAA Representative Council’s approval in March and will be controlling MHSAA member school football practices this fall.

Meanwhile, we began 2014 with the appointment of another task force to tackle many thorny issues related to junior high/middle schools. Some of the issues are so fundamental that changes in the MHSAA Constitution could be required to change what the MHSAA should be doing with respect to school sports prior to the 9th grade. There is equal chance that the task force could propose some very large changes, or very little change. We don’t prescribe the result, we just provide the forum and facilitation – create focus that has been lacking for too long.

Later this year and during 2015 we see the likelihood that additional task forces will address other tough topics, like out-of-season coaching, redefining what subvarsity means, and possibly address more risk management issues, perhaps in ice hockey and soccer first and then other sports where health and safety questions are raised.