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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.

Membership Renewal

May 23, 2017

Unlike classroom courses of our schools, the interscholastic athletic program requires opponents; and to help promote a level playing field for competition, the interscholastic athletic program requires some organization to provide a forum to assist in developing competitive standards and to help assure they are maintained. For many years, many schools have worked through the Michigan High School Athletic Association to establish a common set of rules, for the orderly administration of an interscholastic athletic program, which promotes academic integrity and competitive equity. 

According to Michigan Attorney General Opinion #4795 of 1977, any local board of education that desires to do so may voluntarily join the MHSAA by adopting the rules of the association and agreeing to enforce those rules with respect to its schools. Institutional control remains the key to this organization.

MHSAA membership is free of charge, and there is no entry fee to participate in MHSAA tournaments. But while MHSAA membership is free of costs, it’s not free of responsibilities. The expectations of member schools include:

  • Educating student-athletes, staff and other involved personnel about MHSAA rules and procedures.

  • Monitoring compliance year-around.

  • Investigating possible violations and reporting findings.

  • Administering penalties.      

Each school district that agrees to these responsibilities must say so by means of an annual board of education resolution. The resolutions have just been mailed to all superintendents for the 2017-18 school year.

Each school district that wishes one or more schools to participate in MHSAA tournaments and benefit from MHSAA services must schedule on its board of education agenda the adoption of the MHSAA Membership Resolution. The Resolution should be signed in sufficient time to prevent a lapse in membership (before August 1). A lapse in membership, even though for only a week, can create unnecessary problems should there be claims under the $1,000,000 accident medical insurance plan or the concussion care gap insurance or if eligibility rulings are to be made during that period.