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.

Data is Due

December 4, 2015

Allow me to wander way outside my expertise for a moment … to quantum physics. I believe this is the discipline where it is said that “something doesn’t exist until it is described and measured.”

This statement embodies one of the reasons the MHSAA has mandated that, beginning this school year, member schools must report all possible head injuries in the practices and events of school sports. We want to get at least a general description and approximate measurement of our story here as we listen to the nationwide narrative about health and safety in school sports.

Early returns – that is, preliminary numbers for fall sports – are being presented to the MHSAA Representative Council today. A public release will follow before the end of the year. A more complete report – based on fall, winter and spring sports – will be provided after the conclusion of the 2015-16 school year. And in the future, year-to-year comparisons of the numbers will provide a more meaningful story.

The MHSAA is also gathering data from two pilot programs that are intended to increase attention on sideline concussion detection and recordkeeping, and also from the concussion care insurance the MHSAA has purchased for all participants in all MHSAA member junior high/middle schools and high schools beginning this school year.

Data from all three initiatives may help those who make the equipment and prepare the rules of play in the ongoing campaign to make our good school sports programs even better.