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.”

Leadership Impressions - #3 (Embracing Interruptions)

June 15, 2018

I was once told that “the job is the interruptions” – to look at an interruption not as something that detracts from my work but rather is the work. But there are two types of interruptions that have gotten my special attention over the years.

One type happens often, perhaps twice a week when averaged over the course of a year. It happens when the assistant directors of the Michigan High School Athletic Association are asked a novel Handbook question, one of first impression in their experience, and there is a difference of opinion among their colleagues as to the correct answer.

I expect to be involved in answering such questions; and sometimes I determine that the question needs MHSAA Executive Committee attention – for ultimately under the MHSAA Constitution, it is the Executive Committee’s responsibility to interpret what is not clear in Handbook Regulations and Interpretations.

The other type of interruption happens not twice a week but about twice a year, when a legal challenge confronts the MHSAA. It has been our practice to keep other staff focused on the daily business of the MHSAA, helping to make tournaments and other programs operate without distraction; while the executive director (as well as the associate director in more recent years) deals with litigation, which is usually a three- to six-month sprint but can also be a three- to six-year marathon.

I expect to insulate other staff from these diversions that can suck time and energy out of a forward-looking staff.

We anticipate that every day will bring us questions that were not on that day’s to-do list. We try to treat those interruptions as an important part of our work.