Seal of Approval

February 12, 2016

“Sanction” is an interesting word. Sometimes it is used in a negative way, as in penalties, like the U.S. trade embargoes recently lifted on Iran and Cuba. Other times, to sanction something is to endorse it or at least approve its existence.

It is in this second, more positive sense that school sports uses the word “sanction” with respect to athletic events. And with respect to interstate meets and contests, the MHSAA adheres to the Sanctioning Bylaws of the national organization to which it belongs, the National Federation of State High School Associations (NFHS).

Without getting into the policies and procedures, here is what the NFHS says about the philosophy of sanctioning interstate athletic events:

Interscholastic programs should serve educational goals. To this end, schools have an obligation to conduct certain threshold inquiries about events in which their students may participate. On occasion, additional inquiries and oversight may be appropriate at the conference, district, state or national levels. In order to perform their “inquiry and oversight” functions fairly and efficiently, decision-makers at various levels have developed sanctioning procedures. The specific purposes served by event-sanctioning procedures include the following:

1) Sanctioning enhances the likelihood that events will adhere to sound and detailed criteria which meet the specific requirements of a school or a group of schools based upon experience and tradition.

2) Sanctioning serves to promote sound regulation of the conditions under which students and teams may compete.

3) Sanctioning is a means of encouraging well-managed competition.

4) Sanctioning adds an element of “due diligence” that encourages compliance with state association rules and regulations.

5) Sanctioning protects the welfare of student-athletes.

6) Sanctioning protects the existing programs sponsored by member schools and thereby promotes the opportunity for larger numbers of student-athletes to gain the benefits of interscholastic competition.

7) Sanctioning helps reduce the abuses of excessive competition.

8) Sanctioning promotes uniformity in obtaining approval for events.

9) Sanctioning helps protect students from exploitation.

Interstate event sanctioning at the NFHS level promotes financial transparency and equivalency of treatment of participating high schools. NFHS sanctioning forms are available on the NFHS website (www.nfhs.org).

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.