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.”

A 7’ Tall Tuba Player

October 11, 2016

In countless school and community gatherings all across Michigan, and in more printed pieces than I can remember, I have advocated for students to attempt to sample all of the diverse activities that a comprehensive high school has to offer ... both athletic and non-athletic activities. It is this variety that highlighted my own school experience and enriched that of my two sons.

Because of my outspoken advocacy for speech and debate and music and drama, I have been asked why I do not advocate that the Michigan High School Athletic Association serve and support those activities in the way it does sports.

The first and foremost reason is that those school programs are already well served by existing organizations in Michigan. But more fundamentally, I resist expansion of MHSAA authority to those activities because it would undermine the essential eligibility rules we must have for competitive athletic programs. I have seen this pressure in other states, but sports has regulatory needs that speech and debate and music and drama do not.   

While the profile of some of these programs in some of our member schools is as high as any sports program in those schools, the competitive pressures are still different. No one is recruiting tuba players from one school to another. Debaters are not often subject to undue influence. Meanwhile, sports programs are under intense pressures that lead to athletic-motivated and athletic-related transfers, undue influence and other unsavory behaviors.

As I recently explained this rationale to my colleagues in neighboring states, all but one of which is an athletics-only organization like the MHSAA, one of my counterparts chipped in: "Well, we did once have a tuba player be recruited by and transfer to another school in our state. But he was seven feet tall and, in addition to playing in the band, he was the basketball team's highest scorer and most prolific rebounder."