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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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New World, New Needs
October 3, 2017
The core of our current transfer rule was debated by a predecessor organization 20 years before the Michigan High School Athletic Association existed, in 1904. The MHSAA’s first handbook stated the rule in 1925: a one-semester wait to play after a change of schools, unless accompanied by a residential change by the student and parents or guardians. A one-semester wait, with one exception.
In 1971, the number of stated exceptions went from one to twelve.
It’s in 1981 when sentiment seemed to shift toward a harder line when the exception from a “broken home” approved by both school principals was toughened to require a completed divorce decree and a form signed by both principals and the MHSAA executive director.
When the transfer rule was adopted, the world was different than today. In 1904, 1925, 1971, even 1981, it was both a different society and youth sports landscape.
There were many more three-sport athletes then than today and many more three-sport coaches. There were many fewer non-school youth sports programs then than now, and many fewer nonfaculty coaches. And, of course, there was no school of choice.
Increasing year-round single-sport specialization by both students and coaches; ubiquitous specialized sports camps, clinics, trainers, travel teams and leagues – where both students and parents are making friends; more reliance on drop-in, nonfaculty coaches for school teams; and expanding open enrollment laws have combined to change our world.
And they combine to suggest the need for more changes in the MHSAA transfer rule.