Limitations of Rules
November 15, 2013
Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”
The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.
While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”
We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”
Momentum
August 4, 2017
The 2017-18 school year holds great potential for the Michigan High School Athletic Association and for school sports in Michigan. Only time will tell us if the potential is greater for good than for bad.
There is positive momentum in promoting participant health and safety as the last of three advances in the health and safety preparation of coaches is implemented, as high schools’ mandatory concussion reporting and MHSAA-purchased concussion care “gap” insurance for 6th- through 12th-graders enter year three, and as higher limits of accident medical insurance is purchased by the MHSAA for all member junior high/middle schools and high schools, effective this month.
There is positive momentum in serving and supporting junior high/middle school programs where membership was up five percent last year over the year before. The MHSAA had an enjoyable, brand-broadening experience as “presenting sponsor” at a half-dozen junior high/middle school league track & field meets this past spring; and the MHSAA will be doing so during fall, winter and spring junior high/middle school tournaments during the 2017-18 school year.
The MHSAA’s Task Force on Multi-Sport Participation continues to develop strategies that focus on junior high/middle school students and their parents and to address the greatest health threat in youth sports – overuse injuries as the result of year-round sports specialization; and the Task Force is developing tools that help define and defend educational athletics.
Beneath these three over-arching themes, the MHSAA is addressing some pressing new problems – like what to do about venues that are no longer available to us for MHSAA tournaments in girls and boys basketball and individual wrestling – as well as some chronic concerns – like recruiting and retaining contest officials and athletic-related transfers. The loss of officials and the rise of athletic-related transfers are problems of nearly epidemic proportions.
The amount of resources the MHSAA will be able to bring to all these topics will be affected by the number of controversies that arise during the normal course of essential business in administering programs, policies and penalties. Such controversies can knock us off message, and rob us of resources that could allow us to be doing more of the positive things we know need to be done.
There is also the potential that we get distracted by the National Federation of State High School Associations, some of whose member state association CEOs want to talk more about NFHS sponsorship of national tournaments, even after decades of opposition to such events from both state and national educational associations, as well as clear and convincing evidence that no organization – from Little League to the NCAA – has been able to conduct national tournaments without adding to their existing problems and creating new pressures and new problems.
Excesses and abuses in school sports have their own momentum. We should not create more by NFHS sponsorship of the very events it was created to end.