Logo

Beyond the Noise

September 13, 2013

It has been said that when the law is not in your favor, then argue the facts; or when the facts are not in your favor, then argue the law; and when neither supports what you want, then just argue.

And this is the time of year when we are reminded that old adage is true.

It is in August and September when the MHSAA staff processes more eligibility questions and the MHSAA Executive Committee considers more requests to waive eligibility rules for individual students than at any other time of year. Often it is the least meritorious cases that create the loudest noise.

It is during these months and the next that the MHSAA deals with the most stressful of forfeitures caused by the participation of ineligible players. When an ineligible student plays in a varsity football game, that forfeiture not only means the loss of that game; that loss could also mean the team loses a spot among the qualifiers in the Football Playoffs.

Difficult eligibility and forfeiture cases sometimes make for good publicity for the individuals involved, but they can create bad precedent for the future of the program if it is only those noisemakers who are listened to and served.

Continuous Work

July 6, 2015

Since we posted the blog below on May 16, 2014, we have observed that major portions of the NCAA’s sanctions of Penn State have been overturned for being beyond the authority that member institutions have given the NCAA. This reminds us of the need to have our own organization continuously working on rules and penalties, and the authority to make and enforce such rules and penalties, that may become necessary in the future for the ever-growing range of issues we confront in school sport.
We take no comfort when leaders of sports on other levels get embroiled in controversy; but we do try to learn from those situations.
For example, we watched very closely in 2012 how the National Collegiate Athletic Association responded fast and with force to the horrific sex abuse scandal at Penn State. The NCAA may have ignored its prescribed due process and exceeded its penalty authority, winning mostly praise from the public; but now the NCAA is mired in litigation over the legality of its swift and severe actions.
We are currently observing what could be a similar scenario for the National Basketball Association. Its commissioner moved quickly to impose a lifetime ban and other sanctions after racist public statements by an NBA team owner. While most people have praised the speed and severity of the commissioner’s actions, some people note that the recent racist remarks were not something new for this owner and the unprecedented penalties may be the subject of a lifetime of litigation.
The lesson of these situations for leaders in other places and on other levels is to be especially cautious about using power in popular ways. No matter how horrible the transgression, no matter how angry it makes you personally, follow the established rules of procedure and keep within the limits of your explicit authority.
I confess that this can be frustrating and that I have sometimes felt paralysis more than power when performing the role as MHSAA investigator and penalizer. But some of that frustration may be my own fault. If such frustrations are too common, we should be reworking the organization’s Constitution and rules, with the members’ agreement, to streamline process and strengthen penalties.
Significant steps in this direction have been occurring. For example, in May of 2013, the Representative Council adopted the athletic-related transfer rule; and on May 4, 2014, the Council increased the maximum penalty for undue influence from one year to four years for both students and adults.