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.
Football's Status
June 16, 2017
Football has enjoyed a status within our schools that is unmatched by any other sport.
It attracts more participants than any other interscholastic sport.
Unlike many other sports (think especially of ice hockey, lacrosse and soccer), football began in the high school setting and was not imported from community programs.
And until the past decade, football has not had to cope with out-of-season programs run by non-school groups and commercial entities that are so troublesome – think especially of basketball, ice hockey, soccer and volleyball, but really all sports except football, until recent years.
The growth of 7-on-7 passing leagues and tournaments is the most obvious concern as commercial interests move in to profit from a mostly unregulated summer environment, as began to occur in basketball 30 years ago and has spread to many other sports since.
The Olympic movement has fueled some of this as national governing bodies have engineered programs for younger athletes in efforts to increase medal counts on which the U.S. Olympic Committee bases funding.
The quixotic pursuit of college scholarships is another powerful stimulant; and while the NCAA could have banned its coaches from recruiting away from school venues, it has not done so; and non-school entities have begun to tailor their events toward convenient although costly recruiting venues.
We can expect these events to spread like an invasive species through football unless, learning from the past, the NCAA makes these events off-limits to its coaches, and/or organizations like ours across the country will not only regulate but also conduct programs during the summer.