Students of Rules
November 12, 2013
Those who make rules ought to be students of rules. We mean this in at least the two ways this posting and the next will address.
First, rule makers should know the essence of the existing body of rules which they will be responsible for upholding or modifying during the necessary ongoing review of those rules. These rule makers should have a general awareness of when and why each rule was first adopted, how it might have evolved, how it is now applied and what the major compliance problems have been in the past or may be in the future.
This first requirement is as important for those who prepare the rules for the contests – the playing rules – as for those who promulgate the rules that establish the minimum eligibility standards and the maximum limits for competition. In the face of any proposal to eliminate or greatly modify any rule, rule makers must ask what problems may return if they remove the rule that solved those problems.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules, of course, don’t come out of thin air. Legislatures and organizations adopt them usually to proscribe unwanted behaviors but typically in reaction to events. They lower speed limits after automobile accidents become too frequent, regulate pit bulls after a series of dog bites, or institute new expense-tracking procedures after someone is caught trying to get reimbursed for their new iPod. Rules have been established for a reason, but most people are out of touch with the rationale and spirit of why. They don’t read legislative histories and so have a thin, superficial relationship to the rules . . .”
That is not acceptable for those who write, review and revise rules. They have to know where each rule has come from. This is why for the rule makers and for those in our member schools responsible for applying the rules day in and day out, the MHSAA keeps current “The The History, Rationale and Application of the Essential Eligibility Regulations High School Athletics in Michigan."
A Backhanded Compliment
April 17, 2012
A year ago this month I listened to the attorney for another statewide high school athletic association pose this question: “Why is it that people quite readily accept inflexible age limitations over a broad spectrum of American life, including sports, but presuppose it is wrong for school sports?”
This attorney was in the middle of a controversy that more recently has visited the MHSAA: an overage student seeking relief from a universally applied maximum age rule. The speaker was perplexed and frustrated by the double standard.
Part of the reason for the double standard rests in the reality that people value the school sports experience so much more than other parts of life, including other sports experiences. Because they want the opportunity to play, they resort to litigation in an attempt to create the right to play.
Another part of the reason school sports is challenged on an issue on which other programs get a free pass is that school sports has a centralized authority, close to home. State high school associations are readily accessible targets, easier both to find and to fight with than most other entities with age restrictions.
And, of course, part of the reason for the double standard is the proximity of interscholastic athletics to academics – the former extracurricular, the latter curricular – the former a privilege for most teenagers, the latter a right of all citizens to age 26.
The reasons school sports are attacked on this issue while other entities are not are reasons really complimentary to school sports: the program is popular, accessible and connected to education. None of these features of school sports, or its age limitation, should change.