Shared Responsibility
March 26, 2013
My counterpart in Georgia has a nice way with words, and recently used that talent to add his perspective to topics like those we’ve been addressing here in Michigan. In the March 2013 Georgia High School Association newsletter, under the title “All of Us Must ‘Pay the Price’ for Student-Athlete Wellness,” GHSA Executive Director Ralph Swearingin writes:
“In ‘History and Philosophy of Education’ courses many of us learned that an early concept in the American educational system involved the school operating ‘in loco parentis’ – in the place of the parent. During those early days, that concept was applied to the authority of school personnel to regulate the behavior of students. Over time, however, the application of that concept to school discipline has diminished.
“It is interesting to note that school personnel are called upon to fulfill parental roles in ways that were not prevalent in the past. Over time there has been an evolution of responsibilities placed on the educational system to provide services that used to be provided by the family. One such area involves the responsibility to be the ‘health and safety guardians’ of our students. Debates about whether it is the school’s responsibility are non-productive. This responsibility has been thrust upon member schools and state association staff members, and it is doubtful that this trend is reversible . . .
“The very nature of athletics makes it impossible to guarantee the safety of every student in every sport. The goal is to minimize the risk to these students with prudent preparation and vigilant supervision. While the American culture may be thrusting this responsibility on the school personnel, there are productive ways to send some of that responsibility back to the students and their families.
“. . . Students and their families need to be informed about all of these issues. Preseason meetings with players and parents or guardians should involve the dissemination of information about relevant health and safety considerations . . .
“But education of players and their families is not enough. Coaches must be certain to teach techniques that minimize risks, and to be certain that all equipment used in the sport are in good repair and are being used properly. School personnel need to be certain that published guidelines and protocols are being followed. Doing these things involves the expenditure of time and money, but the well-being of our students dictates that we ‘pay the price.’ ”
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.