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.
The Old Is New Again
October 23, 2015
In the hidden back reaches of my closet at home I’ve kept some ties, suits and pants I have not worn for many years, forgotten as I purchased or was given newer and more fashionable clothes. Needing space, and heeding my wife’s suggestion that it was time to donate what I never wear, I gave my wife a fashion show of my long-neglected wardrobe. I wanted her help to decide what to discard.
Some of the items I modeled brought back memories of happy times, like weddings and reunions; others of sadder times, like funerals. Some items were laughably out of style. But, surprisingly, some of the oldest items looked the best ... almost as good as the most recent additions to my wardrobe. They were, in fact, back in fashion.
This caused me to recall that some of the discarded policies of educational athletics are working their way back in fashion. For example …
- For many years, even after many states changed their rules, the MHSAA was criticized for prohibiting member schools’ students from wearing full equipment at and participating in the full-contact summer football camps of universities and commercial organizations. Now, with greater attention to improving acclimatization and reducing head contact in football, other states are returning to the policies we never discarded: contact-free out-of-season football camps and clinics.
- Equally “dishonored” by those who believe there is never too much of a good thing have been MHSAA rules that limit the number of contests and the distance of travel. After years of more and more of everything, the new normal of severely limited school sports budgets makes our modest schedules more virtuous than ever.
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For many years, MHSAA policy has stood apart from most states by limiting students to competing in only one level of a sport in a single day … no JV and varsity in the same day, no fifth or sixth quarter rule. Now, with even greater attention to reducing head and overuse injuries and other student health and safety issues, our rules look both protective and progressive, not overly restrictive.
If a man waits long enough, even his narrowest tie or widest lapel will be back in fashion; so what makes me cling to old clothes also makes me think twice about changing established rules. It is just as difficult to restore a discarded rule as it is to wear a discarded jacket.
It’s always easier to relax a policy than to restore it when we rediscover we need it.