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.

Seeding Discontent

January 3, 2017

We have heard for years that the Michigan High School Athletic Association Football Playoffs have created scheduling problems for schools and have caused the demise of leagues, no matter how many times the playoffs expanded – from 16 schools in 1975 to 256 schools today (plus 16 more in the 8-player tournament). Many other states with a variety of other football playoff formats report similar stresses on their member schools.

The inability of weaker teams to compete within a league and the difficulty that stronger teams face to find willing opponents to complete a nine-game regular season schedule are not uncommon for varsity football in Michigan, but are problems rarely experienced in basketball.

That could change if seeding based on wins and strength of schedule comes to MHSAA Basketball Tournaments.

With an easier road to District and Regional titles gifted to higher seeded teams, coaches will want a regular season schedule that is difficult but not too difficult. They will seek a league that is tough, but not too tough. This is the recipe for scheduling headaches. Strong schools will have difficulty finding a full schedule of games, while weaker or simply smaller schools will have difficulty finding a league.

Fearing blemishes on the regular season win/loss records, coaches will delay playing substitutes and avoid sitting out or suspending good players who are bad actors. Every eligibility snafu leading to forfeit will carry tournament seeding consequences. The temptation to hide ineligibilities and the inclination to fight forfeits, not infrequent in football, will come to basketball.

Developing a seeding plan is not at all difficult, but living with one could be.