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.

No Rules?

February 6, 2018

We like to say that school sports is “educational athletics,” but this does not mean athletics and academics should be treated exactly the same.

Competitive athletics is not like the composition or algebra classroom. Competitive athletics requires two opponents playing by the same rules that govern who can play and how they can play.

In 1907, William James put in writing a series of lectures he had given in Boston the year before titled “Pragmatism: A New Name for Some Old Ways of Thinking.” Included in the third lecture is this gem:

“. . . the aim of a football team is not merely to get the ball to a certain goal (if that were so, they would simply get up on some dark night and place it there), but to get it there by a fixed machinery of conditions – the game’s rules and the opposing players;”


This to James was a given, cited to help him make a more profound point.

But the point here is profound enough for us. Without rules, and opponents playing by the same rules, there is no validity in moving the ball to the goal. Without rules, there is no value in sinking the putt, making the basket, clearing the bar, crossing the finish line. Without a regulatory scheme adhered to by all competitors, victory is hollow.