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.
Diversionary Tactics Backfire
September 24, 2013
Placing a stone in your left shoe will take your mind off a blister on your right foot; but it does not solve the problem.
Faced with domestic starvation and civil unrest, many dictators have created external enemies in hopes of distracting their countrymen and women and rallying their support. Think of North Korea as just one of dozens of examples, recent to ancient. It has even ocurred in the US, recently and throughout our nation’s history: strawmen vilified to distract us from other more pressing problems.
Closer to home, it is something like this strategy that may be at work in many school districts as they restructure and rename schools, or resort to closings and charters. And something like this is behind the state and federal emphases on standardized testing and schools of choice.
And really close to home, it was something like this at work in football. Faced with thousands of former players with alleged concussion-related illnesses filing suit against the National Football League, and bad publicity mounting, the NFL focused instead on youth football. We told them this strategy would backfire; but a professional league with more money than many nations was not inclined to listen to little guys like us.
The NFL went state by state to advance concussion legislation which was long on symbolism and low on substance, and totally lacking any enforcement capabilities. In state after state, the NFL paraded young people with sad stories in front of state legislators looking for good headlines.
So today, 49 states have new “concussion” laws; and participation rates in youth football are plummeting. Big surprise. But ironically, it’s plummeting at a time when school-sponsored football is the safest it has been since it was introduced to schools 100 years ago. The equipment is the best ever, the rules the most protective ever, the coaches and officials the best trained and most safety conscious ever.
Take a look at this quick video that tells the true story about school-sponsored football.