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.
Impaired Judgment
September 5, 2017
Twenty-five years ago, we were helping to address the problem of steroids in sports, as well as other performance or appearance enhancing substances. We segued to concern for creatine use and then to caffeine over-use. Today the emerging epidemic is opioids.
As we moved over the years from one drug-related concern to another, we were reminded, and did some reminding, that none of these concerns posed as great a health threat to students as either tobacco or alcohol.
Laws and public opinion have reduced tobacco use across much of daily life in America. It’s universally accepted that both smoking and smokeless tobacco are unhealthy, and smoking is explicitly prohibited in most public and private places where people gather. Smoking is no longer cool; smokers are sent out into the cold.
However, the same cannot be said about alcohol consumption. Public drinking has been accepted in an increasing number of unlikely places, including college sports venues. Never mind that alcohol is a frequent factor in college academic failures, campus damage and even student deaths; alcohol sales are showing up at college stadiums nationwide.
Booze and college football have been closely linked for years – the staple of the tailgating culture. But, college sports’ addiction to more and more money is now bringing booze inside some of the stadiums. About 50 universities are selling beer at games this season.
Some college administrators say their motivation is not money but an effort to match the spectator experience found at professional sporting events. But isn’t that really about money too?
I stopped taking my family to Major League Baseball games after my young son was bathed in a spectator’s beer; and I left a National Football League game early – never to return to another NFL game – after being exposed to too much “spectator experience” over-energized by alcohol.
I prefer the high school setting.