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.

Momentum

August 4, 2017

The 2017-18 school year holds great potential for the Michigan High School Athletic Association and for school sports in Michigan. Only time will tell us if the potential is greater for good than for bad.

There is positive momentum in promoting participant health and safety as the last of three advances in the health and safety preparation of coaches is implemented, as high schools’ mandatory concussion reporting and MHSAA-purchased concussion care “gap” insurance for 6th- through 12th-graders enter year three, and as higher limits of accident medical insurance is purchased by the MHSAA for all member junior high/middle schools and high schools, effective this month.

There is positive momentum in serving and supporting junior high/middle school programs where membership was up five percent last year over the year before. The MHSAA had an enjoyable, brand-broadening experience as “presenting sponsor” at a half-dozen junior high/middle school league track & field meets this past spring; and the MHSAA will be doing so during fall, winter and spring junior high/middle school tournaments during the 2017-18 school year.

The MHSAA’s Task Force on Multi-Sport Participation continues to develop strategies that focus on junior high/middle school students and their parents and to address the greatest health threat in youth sports – overuse injuries as the result of year-round sports specialization; and the Task Force is developing tools that help define and defend educational athletics.

Beneath these three over-arching themes, the MHSAA is addressing some pressing new problems – like what to do about venues that are no longer available to us for MHSAA tournaments in girls and boys basketball and individual wrestling – as well as some chronic concerns – like recruiting and retaining contest officials and athletic-related transfers. The loss of officials and the rise of athletic-related transfers are problems of nearly epidemic proportions.

The amount of resources the MHSAA will be able to bring to all these topics will be affected by the number of controversies that arise during the normal course of essential business in administering programs, policies and penalties. Such controversies can knock us off message, and rob us of resources that could allow us to be doing more of the positive things we know need to be done.

There is also the potential that we get distracted by the National Federation of State High School Associations, some of whose member state association CEOs want to talk more about NFHS sponsorship of national tournaments, even after decades of opposition to such events from both state and national educational associations, as well as clear and convincing evidence that no organization – from Little League to the NCAA – has been able to conduct national tournaments without adding to their existing problems and creating new pressures and new problems.

Excesses and abuses in school sports have their own momentum. We should not create more by NFHS sponsorship of the very events it was created to end.