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.

Official Results

August 15, 2017

We enjoy some privileges serving on the Michigan High school Athletic Association staff. However, one privilege we do not have is to ignore rules when we don’t enjoy their application.

One of the rules of Michigan school sports for very many years is that there is no protest of or appeal to the decisions of contest officials. Whether it is a traveling call in basketball, a safe/out call in baseball or softball, a five-yard illegal motion call, a 10-yard holding call, or a 15-yard unsportsmanlike conduct call in football with player or coach ejection, the call is final; and if the penalty calls for next-game disqualification, that is final too.

If after a contest, an official wishes he or she could take back a call, it’s too late. If after a contest, folks pressure an official to rescind the next-game disqualification, the outcome is unchanged: ejection from one contest for unsportsmanlike conduct requires suspension from the next day of competition.

The finality of high school officials’ calls has been challenged multiple times in courts across the country – twice in Michigan – and the nearly unanimous result nationwide has been that judges will not allow themselves to become super-referees, second guessing onsite contest officials.

On some higher levels of sports – e.g., college and professional – where there are dozens of cameras covering a handful of contests each week, league offices may review some decisions. But our level of sports lacks sophisticated cameras positioned at all angles, and it involves many hundreds of contests in several different sports every week. We have neither the time nor the technology at every venue to be involved in reviewing the calls of contest officials.

Last school year, there were nearly 1,000 player ejections and more than 200 coach ejections. School sports is not equipped to review 30 to 40 of these situations that arise each week; nor should we do so.

Officials see a play and make an instantaneous decision. Their calls are final; and living with the outcome is one of the valuable lessons we try to teach and learn in school-based sports.