Going to the Mat
October 4, 2016
Somewhere I heard a speaker say: “The most exciting thing in life is to be shot at ... and missed.”
In a real sense, I wouldn’t know; but metaphorically, that’s somewhat how we’ve felt after a federal district court judge tried unsuccessfully to cripple the Michigan High School Athletic Association in the aftermath of a lawsuit over the placement of sports seasons in Michigan.
Plaintiffs wanted the high school sports seasons for boys and girls to coincide and to mirror the seasons the National Collegiate Athletic Association established after our high school seasons were adopted. With the urging of its member schools, the MHSAA battled for nine years to attempt to retain a sports seasons schedule that allowed schools to use their resources (facilities, coaches and officials) in ways that they could demonstrate promoted higher participation rates by both genders.
Plaintiffs did not get all that they sought in the case, and neither did schools; but the judge ordered the MHSAA to pay $7.9 million, much more than the organization’s assets at that time.
But rather than being the death knell for the MHSAA, these events breathed exciting new life into the organization, the positive effects of which continue today.
The judgment – reduced significantly through negotiations, early payment incentives and insurance and paid off in 18 months – set in motion a review of internal operations that reduced expenditures by $600,000 over 12 months, while sponsorship and broadcast revenue grew by a combined $600,000 during those 12 months.
Eight years later, many of the operational savings continue, and non-tournament revenue is now more than double what it was in the first year following the judgment.
While complaints still come to us from students and citizens in local communities regarding the court-ordered changes for sports seasons, and participation has declined significantly in several of the affected sports – especially girls basketball, girls volleyball and boys tennis – the MHSAA office still continues to enjoy many efficiencies, as well as some euphoria, from the shot-at-but-missed experience.
This comes from the knowledge that we went to the mat for what our schools wanted, fought long and hard, paid a high cost, and came out of it with schools’ respect. In the aftermath, the MHSAA staff and Representative Council came together, and came through it stronger.
Law and Order
June 9, 2017
I have no knowledge of the rumored wrongdoing associated with the athletic department at Baylor University except what I’ve read in leaks and news reports for well over a year. One thing I’ve noticed is the different approach the NCAA is taking now compared to its high-profile involvement when the scandalous wrongdoing at Penn State began to surface just a few years ago.
In both situations, we are not talking about violations of rules directly related to the conduct of an intercollegiate athletic program. Apparently in both cases, there are crimes involved, for which society has a system to adjudicate guilt and, if found, to assess penalties.
In the earlier case, the NCAA jumped ahead of the judicial system to find guilt, and it vaulted over its own Handbook to fix penalties. Some of those penalties have since been modified or vacated. They were based on public opinion more than the published policies and procedures for governing NCAA operations.
Perhaps the NCAA’s lower profile now indicates it has learned from its earlier overreach that, however heinous the behavior, some things are beyond the authority and regulatory responsibility of a voluntary, nonprofit athletic association – no matter how powerful it may seem.
While I’m not aware of anything remotely resembling these situations in Michigan high schools, it is not infrequent that the Michigan High School Athletic Association is asked by a well-intentioned person to terminate the athletic eligibility of a student who has broken a public law but not a published rule of his or her local school or the MHSAA. We can’t.
The MHSAA does not have rules that duplicate society’s laws or seek to exceed them. Even with a budget 1,000 times that of the MHSAA, the NCAA has discovered it doesn’t have policies and procedures to do so consistently or well.
We already know that the MHSAA must allow local schools, law enforcement agencies and courts to deal with transgressions away from school sports. Our job is to stay focused on sports and a sub-set of issues that address participant eligibility and safety as well as competitive equity between contestants.
The MHSAA is an organization that cares about young people but recognizes its limitations, both legal and practical. The MHSAA has neither the legal authority nor the resources to be involved in regulating young people and coaches for all things, at all times and in all places. In the area of sports, and especially within the limits of the season and the boundaries of the field of play, the MHSAA does have a role, and it’s to help provide an environment that is sportsmanlike, healthy and consistent with the educational mission of schools.