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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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No Rules?
February 6, 2018
We like to say that school sports is “educational athletics,” but this does not mean athletics and academics should be treated exactly the same.
Competitive athletics is not like the composition or algebra classroom. Competitive athletics requires two opponents playing by the same rules that govern who can play and how they can play.
In 1907, William James put in writing a series of lectures he had given in Boston the year before titled “Pragmatism: A New Name for Some Old Ways of Thinking.” Included in the third lecture is this gem:
“. . . the aim of a football team is not merely to get the ball to a certain goal (if that were so, they would simply get up on some dark night and place it there), but to get it there by a fixed machinery of conditions – the game’s rules and the opposing players;”
This to James was a given, cited to help him make a more profound point.
But the point here is profound enough for us. Without rules, and opponents playing by the same rules, there is no validity in moving the ball to the goal. Without rules, there is no value in sinking the putt, making the basket, clearing the bar, crossing the finish line. Without a regulatory scheme adhered to by all competitors, victory is hollow.