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.
Early Learners
January 26, 2016
The good news is that the minimum number of pupil instruction days required for public school students in Michigan increases from 175 to 180 for 2016-17. The bad news is, Michigan public school students are still sitting in the back of the school bus.
The U.S. is in the lower half of the world’s nations in the length of school year for secondary school students, and Michigan is in the lower half of U.S. states in the length of school year. So just about anything the Michigan Legislature would consider to facilitate earlier starts to the school year as well as longer school days and weeks of instruction would be good for today’s students and our state’s future.
Among bills now pending in the Michigan Legislature is Senate Bill 567 that would remove the prohibition on public schools from beginning instructional days before Labor Day, except that classes could not be held on the Friday before Labor Day.
Some will be critical because this could put classes in conflict with double session sports practice days and large, all-day cross country, golf, soccer and tennis tournaments that are now common in Michigan school sports in late August; but these so-called conflicts would have positive effects:
These “conflicts” would tend to reduce the number of days of two-a-day practices that are much less in favor today with increasing attention to the health and safety of student-athletes.
These “conflicts” would tend to reduce the frequency of students playing in contests before they have attended any classes, which is far from ideal philosophically and a frequent cause of practical problems – including participation by ineligible students and resulting forfeits.
Students are engaged in school sports, marching band, cheerleading and other school-related activities throughout most of August, and they are much more eager learners then than later in the school year. Schools should be allowed to let them learn in the classroom then, not just in extracurricular activities.