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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.

Inclusion Then and Now

October 24, 2017

It is accurate to say, and we can be proud that it is true, that there was no more inclusive state high school athletic association in the country at its inception than the Michigan High School Athletic Association.

In Michigan from the official beginning of the MHSAA, ours was one single athletic association. Not separate associations for schools with black students and white students, like some states then. Not separate associations for public schools and private schools, like some states. Not separate associations for big city schools and other schools, like some associations.

This association is unique in the U.S.: From its creation in 1924, by state law, open to urban and rural schools, black and white schools, public and private schools, and both high schools and junior highs. The MHSAA may be the only state interscholastic athletic association that can say all four of those statements were true at its inception.

We have in Michigan a legacy of inclusion that is second to none.

In recent years, we have added to this tradition through the inclusion of 6th-graders who, as a result of a change in the MHSAA’s Constitution in 2015, are now benefiting from MHSAA services, support and rules-making.

But, to be honest, the MHSAA has slipped some in comparison to the expanded inclusiveness of other state interscholastic athletic associations:

  • Compared to Illinois, Ohio and Tennessee, for examples, we do not sponsor and conduct events for junior high/middle school students, even when those students seek to compete under the MHSAA brand and banner.

  • Compared to many states, we are slower to add new sports for high school tournaments, even when students clamor for the opportunity to represent their schools in competition.

  • Compared to many states, we are slower to add programming for students with disabilities.

The MHSAA and its members cannot be all things to all people – that could obscure our mission and it would exceed our resources. But we should consider programming for more people.

The future of our society is in full-service schools developing the whole child in mind, body and spirit; and an essential ingredient of full-service schools is interscholastic athletics and activities. The ideal must be to serve the whole child and, as much as possible, the whole community of children.

That secures the future of schools and school sports as well as communities and their children.