War Stories
May 25, 2012
I recently returned from a national meeting of my counterparts – an annual gathering where legal and legislative topics are on the agenda. With increasing frequency, the business aspects of the gatherings are sidetracked by “war stories,” as my colleagues relate the latest attacks on their organizations by media, legislators, lawyers, parents and others as these good leaders assist their member schools in regulating interscholastic athletics.
It is well known that respect for authority figures and organizations of all kinds has been slipping for decades; and there are many reasons for it. What has made the decline even more apparent is the Internet where people can communicate with more speed and less consequence than before.
It is well studied that appropriateness of tone and language diminishes as one moves from face-to-face meetings, to telephonic conversations, to traditional letters, to emails, texts and Twitter.
People will usually research topics and learn more about the complexities of an issue before meetings and use dialogue to come to consensus during conversations. They will be more circumspect and contemplative in correspondence (which means, literally, an exchange of letters). But they will not hesitate to make assertions and cast aspersions without any factual basis in brief, one-sided email or social media comments; which usually adds nothing but acrimony to the issue.
Perhaps by being the No. 1 user of social media among the nation’s state high school associations, the MHSAA has made the problem worse. Perhaps by being the only state high school association executive director in the country to blog, I’ve also added to the problem.
Sports, after all, is not a subject that often suffers from too little communication. Perhaps, at least sometimes, it suffers from too much quantity and too little quality.
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.