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.
Impaired Judgment
September 5, 2017
Twenty-five years ago, we were helping to address the problem of steroids in sports, as well as other performance or appearance enhancing substances. We segued to concern for creatine use and then to caffeine over-use. Today the emerging epidemic is opioids.
As we moved over the years from one drug-related concern to another, we were reminded, and did some reminding, that none of these concerns posed as great a health threat to students as either tobacco or alcohol.
Laws and public opinion have reduced tobacco use across much of daily life in America. It’s universally accepted that both smoking and smokeless tobacco are unhealthy, and smoking is explicitly prohibited in most public and private places where people gather. Smoking is no longer cool; smokers are sent out into the cold.
However, the same cannot be said about alcohol consumption. Public drinking has been accepted in an increasing number of unlikely places, including college sports venues. Never mind that alcohol is a frequent factor in college academic failures, campus damage and even student deaths; alcohol sales are showing up at college stadiums nationwide.
Booze and college football have been closely linked for years – the staple of the tailgating culture. But, college sports’ addiction to more and more money is now bringing booze inside some of the stadiums. About 50 universities are selling beer at games this season.
Some college administrators say their motivation is not money but an effort to match the spectator experience found at professional sporting events. But isn’t that really about money too?
I stopped taking my family to Major League Baseball games after my young son was bathed in a spectator’s beer; and I left a National Football League game early – never to return to another NFL game – after being exposed to too much “spectator experience” over-energized by alcohol.
I prefer the high school setting.