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.
Tracking Transfers
August 16, 2016
The number of requests to waive rules by Michigan High School Athletic Association school administrators to the MHSAA Executive Committee during the 2015-16 school year dropped to the lowest total since the 2006-07 school year, and the percentage of approved requests exceeded 80 percent for the first time in decades.
Of 453 requests for waiver, 381 (84%) were approved during the Executive Committee’s 12 meetings from August 2015 through June 2016.
As always, requests to waive the transfer rule dominated. There were 291 requests, of which 224 were approved (77%). That’s the first time there were fewer than 300 transfer waiver requests since the 2006-07 school year.
Across the U.S., transfers persist as the most popular and prickly eligibility issue of school sports, especially in states with open enrollment/school of choice. While certainly a greater plague in more populated areas where several schools are often in close proximity, this problem knows no economic boundaries – students bounce from home to home in disadvantaged communities and wealthier parents leverage their advantages to buy homes where they desire their children to be schooled.
While still a very small percentage of all transfer students, high profile athletic-related transfers get headlines and, too often, their new teams grab trophies that elude schools which play by both the letter and the spirit of transfer rules.
Mishandling transfers is still the No. 1 cause of forfeitures in Michigan high school sports. Increasing mobility and the messiness of marital relations keep students on the move, and keep athletic administrators on their toes. Vetting all new students, and getting all information before the new student gets in a game, is a high priority of the full-time professional athletic administrator, and it’s not something many part-time ADs can do.