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 - #1

May 29, 2018

I would prefer that the 51 organizations which make up the membership of the National Federation of State High School Associations would not waste another breath talking about the NFHS conducting national athletic events. But just about as frequently as U.S. presidential elections, the topic returns to NFHS meeting agendas.

About a third of NFHS member associations are somewhat in favor of national events, another third are strongly opposed, and a final third won’t offer an opinion until they are provided more details of what a national event would look like.

Most of this undecided group will reject anything that is in the nature of a national high school championship ... anything that would follow or extend seasons and diminish their own state high school championships. Most of this undecided group will reject anything involving team sports.

That has led to talk of a summertime track & field invitational event. Like dozens of other such events available to individual students without any time or expense for their schools.

Even then, there would be hours of debate about who would be invited and how, what specific track & field events would be contested, as well as when and where the event would be held. And who would pay. And what would be the fate of state associations’ existing policies which limit when, where and how much their member schools’ students may compete.

Even if the planners choose a path of least resistance for a national event, the devil will be found in the details.

While many will be busy sweating the small stuff, this association will focus on a more fundamental question: “How could the NFHS ever presume to conduct events that would cause some of its member high school associations’ schools and students and coaches to violate existing rules of their state associations?”