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?
Penalty Points
August 26, 2016
The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.
The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.
Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.
It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.
While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.