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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.
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Counterpoint
February 13, 2018
There is a segment of those who are interested in public education who believe it is their privilege and responsibility to educate their children however and wherever they wish. Some parents believe they should be able to enroll their children anywhere, subsidized by taxpayers, and have immediate and full access to all the school’s programs and services.
This is a factor that helps to fuel transfers in school sports. But for every action, there is an equal and opposite reaction.
Watching on the sidelines and wringing their hands are the parents of those students who are displaced from positions and playing time on school sports teams by those who have dropped into their programs after moves from other schools ... moves necessitated not by changes in parents’ employment or other imperatives, but by parents’ changing attitudes about their local school sports team.
Transfer rules are designed in part to protect those who are not unhappy, who are not dissatisfied with a coach or playing time or the offensive system the team is using, or are willing to work through issues and learn from them. Transfer rules are designed for those who have put in their time within a program and are anticipating their opportunity to play.
Within every chorus singing “Let him or her play,” there are many others humming a different tune.