The Limitation of Rules – Part 1

September 2, 2016

From the age of 10 to 20, my position as a baseball player was catcher. Sometime during that decade I was taught to return the ball to the pitcher with authority, with a snap throw from my ear, targeting the glove-side shoulder of the pitcher.

I caught every inning of every game, including doubleheaders. In those years, there was less concern than today for protecting the arms of pitchers, and there was no thought given to the throwing arms of catchers.

Today, the shoulder of my throwing arm is shot; I cannot throw a ball overhand with any force.

But here’s the thing. I didn’t ruin my throwing arm in youth and school baseball; I wrecked it as an adult doing silly things with a tennis ball on the beach with my teenage son. We had a blast for a summer afternoon, and I’ve paid for it the rest of my life.

The point of this brief baseball bio is to demonstrate an example of the limitations of rules.

We can identify dozens of risks to student-athletes and we can promulgate an equal number of rules to help them avoid injuries in our programs; but we cannot protect them against a lack of common sense in our programs or accidents in other aspects of their lives.

Even if we implement new rules to limit the number of pitches by a player, what good is that if, after reaching the limit, the pitcher and catcher switch positions? Do we need a rule to address that coaching decision too?

Do we need rules that prohibit large students from practicing against small, or experienced players from competing against inexperienced? How would we ever monitor or enforce such rules? Where do rules leave off and common sense take over?

Even if we put players in bubble wrap for sports, what do we do about their decisions away from sports, perhaps in vehicles, with their friends and their cell phones? Where do laws and rules stop, and personal responsibility start?

Gut Check

October 18, 2016

After nearly eight years on the staff of the National Federation of State High school Associations, I accepted the challenge of leading an effort by a private business to consolidate the insurance needs of high school athletic associations and to control their coverages and costs through a self-insuring pool. My assigned goal was to assemble at least half of the 50 states in this fund. The need was so great at that time for comprehensive general liability and directors and officers insurance tailored to the unique needs of state high school athletic associations, that the group was quickly assembled and launched.

My time leading this effort was brief. In spite of the program's immediate success and continued growth, I became uncomfortable. The discomfort was born and grew in the fact that while I was out meeting with states, decisions were being made back at the home office that I was not involved with or aware of. I began to feel used ... my credibility was bringing in business, but changes were being made without my input; and I feared for my reputation. After a year of this, I resigned the position. That was 1981.

Nine years later, the companies' CEO was terminated when it was discovered that he used the construction of a company headquarters office to build himself a new house at the same time, burying his home construction costs into the books of the companies' capital expenses. Seven years after that, the companies' founder and namesake went to jail for operating from 1984 until at least 1993 what was determined to have been a Ponzi-like scheme.

I listened to my gut which, long before my head, knew something was not right. In fact, my gut seemed on alert well before things went wrong. This has happened at other crossroads and dozens of less dramatic moments in my professional and personal lives.

In this time of increasingly complex and difficult decisions, both personal and professional, the gut may be a good guide for us all.