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.
Official Results
August 15, 2017
We enjoy some privileges serving on the Michigan High school Athletic Association staff. However, one privilege we do not have is to ignore rules when we don’t enjoy their application.
One of the rules of Michigan school sports for very many years is that there is no protest of or appeal to the decisions of contest officials. Whether it is a traveling call in basketball, a safe/out call in baseball or softball, a five-yard illegal motion call, a 10-yard holding call, or a 15-yard unsportsmanlike conduct call in football with player or coach ejection, the call is final; and if the penalty calls for next-game disqualification, that is final too.
If after a contest, an official wishes he or she could take back a call, it’s too late. If after a contest, folks pressure an official to rescind the next-game disqualification, the outcome is unchanged: ejection from one contest for unsportsmanlike conduct requires suspension from the next day of competition.
The finality of high school officials’ calls has been challenged multiple times in courts across the country – twice in Michigan – and the nearly unanimous result nationwide has been that judges will not allow themselves to become super-referees, second guessing onsite contest officials.
On some higher levels of sports – e.g., college and professional – where there are dozens of cameras covering a handful of contests each week, league offices may review some decisions. But our level of sports lacks sophisticated cameras positioned at all angles, and it involves many hundreds of contests in several different sports every week. We have neither the time nor the technology at every venue to be involved in reviewing the calls of contest officials.
Last school year, there were nearly 1,000 player ejections and more than 200 coach ejections. School sports is not equipped to review 30 to 40 of these situations that arise each week; nor should we do so.
Officials see a play and make an instantaneous decision. Their calls are final; and living with the outcome is one of the valuable lessons we try to teach and learn in school-based sports.