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.

Pilot Programs 2.0

May 10, 2016

Two sideline concussion detection pilot programs launched with 62 schools at the start of the 2015-16 school year will continue in 2016-17, with several significant modifications.

For the upcoming school year, a smaller number of schools will be invited to participate, training will be both earlier and longer, and the focus will be on those sports which the MHSAA’s mandated concussion reporting by all high schools has identified as having the highest risk for head injuries.

The primary purpose for the MHSAA to initiate, drive and monitor these pilot programs is to emphasize the removal-from-play phase of the concussion care continuum, and to encourage more care, consistency and courage during that decision-making process.

Data from the most recent fall and winter seasons tends to demonstrate that schools in the pilot programs reported more concussions than non-pilot schools and they withheld students from activity longer than schools which did not participate in the pilot programs.

These tendencies are supported by both systems being tested, King-Devick and XLNTbrain, both of which have significant improvements in store for pilot schools in 2016-17.

The purpose of the pilot programs is not to select a single system to be recommended to or required of all MHSAA member schools, but to demonstrate to vendors how to serve the needs of our diverse constituency and to help our schools serve their student-athletes better. Further progress toward these purposes is a certainty during 2016-17.