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.
Our Drop in the Ocean
December 18, 2015
It has been difficult, recently, for us to get too worked up over the complaints submitted to this office about officials’ calls, coaches’ decisions, students’ ineligibilities and tournament times and venues. All of this seems petty in light of the terrorism in Paris and other places, and the worldwide refugee crisis as innocent people flee from atrocities in their homelands.
Try to imagine the pain in Paris and other places of recent mass execution. Try to imagine the horror that refugees have faced in their native countries and their ongoing agony in the camps that contain them for years while more “civilized” nations struggle politically and economically with decisions that define their humanity.
But now, as often before, we remind ourselves that the job we are paid to do requires our focused attention and best efforts as we try to make our small niche in the world of sports – our drop of water in the ocean of the world’s concerns – a little bit better each day.
And also now, as often before, we try to interpret how the worldwide human condition affects us and might be affected by us. Affects us, for example, with the need to improve tournament venue security. Is affected by us, for example, by delivering programs that help create in young athletes those qualities that will make them good citizens of their future world – adults who are respectful, tolerant and compassionate.
When I traveled in Northern Africa recently, I encountered immense admiration for the United States – what our hosts always referred to as “America.” People elsewhere look past the shallow or spiteful political rhetoric of our so-called leaders and candidates for leadership to see a disciplined freedom exercised by the citizens of our country that is still, in spite of our shortcomings, the world’s best hope for peace and prosperity.
This country is unique in the world. And school-sponsored sports exist in this country like no other place on earth. There just might be a connection. Which is why – even when the world’s problems seem too large for us to impact – by doing our best every day to deliver these programs, we actually may be performing a vital role.