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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.

Medical Mystery

September 4, 2015

Each year in MHSAA member schools there are approximately 200,000 student-athletes who complete a pre-participation physical examination for which an MD, DO, Nurse Practitioner or Physician’s Assistant will sign a form certifying the fitness of the student for one or more interscholastic sports.

That massive number of physical exams will produce a minimal number of complaints – mostly from medical personnel – regarding the “burden” of MHSAA procedures. But if there is one group for whom I have little sympathy, it’s for these medical offices.

During the past half-year I have had personal appointments at a half-dozen different medical offices. On each occasion of a first visit, I was required to complete a half-dozen or more forms, including information regarding my medical history. I became increasingly unimpressed with the antiquated operations of our health care system. This is a mystery to me.

  • Why is it that I must answer the same questions at every medical office to which I’m referred? Why, for example, don’t the orthopedic specialist and the physical therapist receive electronically my medical history from my primary physician?

  • Why is it that my primary physician does not receive a complete record of my immunizations from the county health department or any one of several pharmacies that has given me shots?

  • Why is it necessary to rely on the memory of the patient? Why isn’t there a medical database for me, accessible with my permission to every health care provider I see?

I expect that within three years, the MHSAA will follow a handful of other state high school associations to promote (and some state associations may require) electronic pre-participation medical history/physical exam forms which will not require parents to complete entirely new medical histories each and every year their child participates in school sports. 

While we may follow a few states by a year or two, it appears we will precede the medical establishment by many years in modernizing procedures. This will tend to assure that student-athlete medical histories are more complete and accurate; it will be a greater convenience to both parents and medical providers; and it will promote greater participant health and safety.