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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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Transfer Culture
March 14, 2017
It is rare when a problem of major college athletics doesn’t eventually become a pollutant of high school athletics. A current issue demonstrates the point.
In 2015, NCAA research reported that about 40 percent of Division I men’s basketball players who had entered an NCAA institution directly from high school as freshmen had departed that institution by the end of their sophomore year.
Approximately 44 percent of the transfers were to other Division I programs, 33 percent to Division II programs, one percent to Division III, and 23 percent to non-NCAA colleges. Nearly 90 percent of all transfers said they changed schools for athletic reasons.
At the 2016 Men’s Final Four, NCAA President Mark Emmert stated that the issue of transfers is one of the most hotly debated in NCAA men’s basketball and football.
The culture that contributes to this is created in youth programs, starting even before students reach high school. There are no rules that govern players’ change from one non-school team to another, year after year. Players, parents and handlers talk with each other about where players can find the coach or team that will give them the best shot for a college scholarship or to fulfill their dreams of a professional career; and they will drive any distance from their homes to connect with that non-school team or coach.
This culture has infected high school sports, as witnessed by what appears to be increasing numbers of students who change schools for reasons more related to their non-school contacts and their college dreams than their high school experience, either athletic or academic.
These pressures will only increase under the current model of major college sports that treats superior athletes as if they were superior human beings and lavishes publicity and perks upon them. Until the major college sports experience is disincentivised, those colleges will have transfer troubles. And so will we.