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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.
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The Definition
July 25, 2017
This question was posed to me by a colleague last fall: “How does your state association define education-based athletics and activities?”
My response was as follows:
“Defining and defending educational athletics is one of the MHSAA’s four focus topics of 2016-17. We are striving to encourage and equip our core constituency to ‘blow their own horns’ about the values of school sports, the benefits of multi-sport participation and the meaning of success in educational athletics.
“To us, educational athletics is school-sponsored and student-centered, where the concern is for the whole child. It is local and inexpensive for both participants and spectators. It is amateur. It is inclusive, with as much potential to provide physical, mental and emotional lessons at the junior high/middle school level as the high school level, and in subvarsity programs as varsity programs, and in low profile sports as high profile sports.
“The programs are extracurricular: after the school day is when they should usually occur, and they are after academics in importance. They support the academic mission of schools.
“Educational athletics is not a right but a privilege available to students who meet the standards of eligibility and conduct established by the sponsoring school.”
I hope you agree.