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.”

The Definition

July 25, 2017

This question was posed to me by a colleague last fall: “How does your state association define education-based athletics and activities?”

My response was as follows: 

“Defining and defending educational athletics is one of the MHSAA’s four focus topics of 2016-17. We are striving to encourage and equip our core constituency to ‘blow their own horns’ about the values of school sports, the benefits of multi-sport participation and the meaning of success in educational athletics.

“To us, educational athletics is school-sponsored and student-centered, where the concern is for the whole child. It is local and inexpensive for both participants and spectators. It is amateur. It is inclusive, with as much potential to provide physical, mental and emotional lessons at the junior high/middle school level as the high school level, and in subvarsity programs as varsity programs, and in low profile sports as high profile sports.

“The programs are extracurricular: after the school day is when they should usually occur, and they are after academics in importance. They support the academic mission of schools.

“Educational athletics is not a right but a privilege available to students who meet the standards of eligibility and conduct established by the sponsoring school.”

I hope you agree.