Anticipating Collateral Damage

March 23, 2018

When major college sports sneezes, high school sports usually catches a cold.

Throughout history, the National Collegiate Athletic Association has made changes in response to problems in college sports that have resulted in harm to high school sports.

Who can argue that relieving college coaches from the burden of being members of the instructional faculty did anything but weaken the connection between intercollegiate athletics and the educational mission of the sponsoring institutions? That major college football and men’s basketball coaches are the highest paid employees at many universities demonstrates the disconnection.

Who can argue that the creation of athletic grants in aid – scholarships – did anything but raise the pressures on college programs to win and to recruit hard at the high school level? Who can argue that this process got any more upright and above board when NCAA rules were changed to push most of the recruiting process to non-school venues and corporate concerns?

Who is surprised now that the corruption has moved beyond the NCAA’s ability to control and has resulted in investigations by the Federal Bureau of Investigations and indictments followed by player ineligibilities and coach firings?

The worry now is that the NCAA and the National Basketball Association will strike again. Aiming to solve their problems, they likely will add to ours.

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.