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.
Sweating the Small Stuff - #3
June 5, 2018
I’m sure it discouraged some of our state’s high school football coaches to learn that the Representative Council of the Michigan High School Athletic Association did not approve at its May 6-7 meeting what some people refer to as the “enhanced strength of schedule proposal” for determining 256 qualifiers to the MHSAA’s 11-player football playoffs.
There was desire among some Council members to appease those who keep trying to reduce the difficulties that a football tournament causes for regular season scheduling and conference affiliations. Others noted that the proposal, as presented, could cause as much harm to some schools and conferences as it would help others, that it did not solve the scheduling problem but shifted it.
During spirited discussion, some Council members resurrected two ideas that have been rejected previously, such as (1) doubling the playoffs once again (and shortening the regular season to eight games), and (2) coupling a six- or seven-win minimum with the revised strength of schedule criteria. The pros and cons of each idea flowed freely.
And therein is the problem. If one digs down into the details of proposals, both old and new, there are both positive and negative aspects apparent, both intended and unintended consequences likely.
There can be paralysis in analysis; but when we are dealing with more than 600 high school programs and a physically demanding sport with fewer regular-season contests permitted than in any other sport, one cannot be too careful. Eliminating one of just nine regular-season games? Increasing first-round tournament mismatches? Disadvantaging larger schools locked in leagues or areas of the state where smaller schools predominate? These are not minor matters.
And until there are sensible answers, these are not trivial questions.