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.

Correctable Error

January 17, 2014

I have written at other times and places that if it had been the stated purpose of our state’s and country’s chief executives and legislators for the past 20 years to weaken public education, they would have done exactly what they have done. They have spoken about strengthening schools and improving education, but their actions have done the opposite.

This is precisely the point of the richly researched Reign of Error, The Hoax of the Privatization Movement and the Danger to America’s Public Schools by Diane Rovitch (Alfred A. Knopf, 2013).

Competition, choice and corporate influence are all attacked, as are the misuse and overuse of standardized testing and the excessive reliance on e-education.

The author’s prescription for schools is not everything new and different, but removal of politicians and profiteers. And, catching my attention most, Rovitch writes: 

“As students enter the upper elementary grades and middle school and high school, they should have a balanced curriculum . . . Their school should have a rich arts program where students learn to sing, dance, play an instrument, join an orchestra or band, perform in a play, sculpt, or use technology to design structures, conduct research, or create artworks. Every student should have time for physical education every day . . . Every school should have after-school programs where students may explore their interests, whether in athletics, chess, robotics, history club, dramatics, science club, nature study, scouting or other activities.”

The kinds of programs that the MHSAA promotes and protects are the keys to the type of education students want, need and deserve. And I admire every school that provides these programs in spite of all that has conspired against them for two decades.