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.

Bad Choice

September 11, 2015

It’s time to admit that school of choice may do more to harm than to help public education.

From our vantage point, we saw years ago that “choice” was disrupting schools more than it was improving them, and hindering more than enhancing the academic accomplishments of students.

What we saw years ago was that choice was more often exercised for adults’ convenience – to schools closer to child care or parents’ jobs – than for students’ academic improvement. Studies now tend to prove that observation is correct.

We also saw years ago that choice was mostly a chain reaction of prickly people. Students or their parents unhappy with their local school for one reason or another would move to a nearby school where, simultaneously, unhappy people would be moving from there to another nearby school. Studies now show that about half of choice students return to where they began; whether or not they ever accept that the fault was their own and not the fault of the first school is more difficult to discern.

In July, Michigan State University reported some of the most recent research about, and some of the faintest praise for, school of choice; but because previous studies have demonstrated that students’ learning diminishes as their mobility increases, there should have been much more scrutiny of Michigan’s school of choice policy when it was introduced 20 years ago, and as it has spread to 80 percent of Michigan school districts since 1994.

As a means of improving schools, choice has failed by making poor schools worse. As a means of integrating schools, choice and charter schools have actually re-segregated schools. And as a means of destroying neighborhoods, choice has been the perfect weapon.

You want to rebuild Michigan? Then start with neighborhoods, at the center of which will be a grocery store and a school, both within walking distance for their patrons who are invested in them.

School of choice has created problems for administrators of school sports. But what’s far worse is the damage it has done and continues to do to our students, schools and society.