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.

Scheduling Solution

September 27, 2016

One of our state's consistently best high school football programs needed a ninth game this season but could find no opponent within the state of Michigan. It was able to find a game with an equally prestigious football program in an adjacent state that was having the same problem – the "problem" of being such a formidable program year after year that other schools shied away from scheduling them.

Two different schools in two different states with two different football playoff formats and qualifying procedures, facing the same problem. 

This helps to demonstrate that it is not any particular football playoff system that is at the heart of high school football scheduling difficulties. Much more at fault is human nature. One could change the qualifying system or double the number of qualifiers so that even winless teams make the playoffs, and some schools would still refuse to schedule others, which would then have to travel out of state to complete their schedules.

The solution to football scheduling will have very little to do with expanding the playoff field or changing the qualifying criteria. It is only when the scheduling of varsity football games is removed from the local level and assigned to the MHSAA that all teams will play the opponents that are closest to them in enrollment and location. Hard to fathom that will ever occur. But then, no team would have to travel out of state, or even across the state, to complete a varsity football schedule.