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.
By The Book
January 16, 2018
The Michigan High School Athletic Association is unfairly criticized by the uninformed for inconsistently administering the Transfer Rule.
That some students are eligible and others not after a change of school enrollment is the result of 15 stated and necessary exceptions within the Transfer Rule that can cause some students to be immediately eligible while others have to wait about one semester before they become eligible to participate for their new school. The rule, as written, with 15 pretty cut-and-dried exceptions, is consistently applied.
Some students have their ineligibility extended from one semester to two because an athletic-motivated transfer was alleged by the student’s previous school and confirmed by the MHSAA, OR because one of the listed athletic-related links was found to be present by the MHSAA without any school needing to make a written allegation of an athletic-motivated transfer. Some students have their eligibility extended further – up to four years – because they transferred as a result of undue influence (athletic recruitment).
So, if you read that one student transferred without any loss of eligibility, and another transfer lost one semester of eligibility, and another lost two semesters of eligibility, and another student lost even more, it is a function of the specific rules involved and their application to the specific facts of the different students’ situations.
It’s not bias, but the book (the Handbook that all member schools adopted); it’s not favoritism but how the rule applies to the facts of each case.