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.

Collateral Damage

August 17, 2015

Whenever something unusually crazy happens at the college level that may adversely affect high school athletics, there are calls that the MHSAA do something to stop the stupidity. I can count on these requests whenever a Division I college program offers a scholarship to a pre-teen; and when it happened recently in Michigan, the MHSAA heard more complaints than ever.

What the critics do not appreciate is that the MHSAA has zero authority for NCAA recruiting rules and grant-in-aid policies. If we did, things might be much different. For example:

  • There would be no recruitment in any form allowed before a student has completed 11th grade. There would be no offers or promises of scholarships prior to this date.
  • Then, there would be no in-person recruitment allowed that does not occur at the student’s school and arranged through that school’s administration.
  • When scholarships are offered, they would be for four or five years, irrevocable if the student maintains academic eligibility, whether or not the student plays a single minute. 

All the commentary regarding the cesspool of college recruiting is wasted air or ink if it doesn’t focus on those who have the authority to change that environment. It’s the college coaches themselves, the administrators of those intercollegiate programs and the presidents of those institutions. Any corrective measures they suggest to high schools miss the point that they caused their problems and they alone can solve them. We are just collateral damage.