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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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Inclusion
February 24, 2017
School sports enjoyed its highest public profile in the late 1950s and early 1960s. This was before competition from televised college and professional sports and proliferation of youth sports programs and myriad entertainment alternatives. But school sports has its greatest reach today. This is the era of inclusion.
This began with the near simultaneous expansion of opportunities for boys in a greater variety of sports and the reintroduction of similar athletic opportunities for girls.
The increased focus on the junior high/middle school level and the new opportunities for 6th-grade students to participate either separately or with and against 7th- and 8th-graders are major developments in this era of inclusion.
This era includes exploration of opportunities for students with an ever-widening understanding of physical, mental and emotional conditions that challenge students’ ability to participate in highly competitive and regulated athletic programs. It includes accommodations for students with documented changes in gender identification.
This era of inclusion includes reexamination of rules that limit students’ access to school sports while understanding that much of the value of school sports is a result of the rules for school sports. We know that if we lower the standards of eligibility and conduct, we tend to lower the value of the program to students, schools and society.
This is really the best time ever for school sports. It’s just a lot harder to operate today than 55 or 60 years ago.