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.”

Anti-Participation Fees

August 23, 2016

Last month the Michigan High School Athletic Association released results of a survey of its member high schools regarding participation fees – a.k.a., “pay for play.” This was the 12th survey since the 2003-04 school year, making this the largest and longest record of school trends on this troublesome topic.

In spite of almost universal condemnation of the practice of charging students fees to participate in school-sponsored sports, the practice is now ingrained in the fabric of educational athletics, with more than 50 percent of reporting MHSAA member high schools indicating they require at least modest payments as a condition of playing on school-sponsored competitive sports teams.

The most recent survey of 557 reporting high schools revealed 51.5 percent charging fees, the same percentage as the year before, but down from a high of 57 percent two years ago. The percentage of schools with fees exceeded 50 percent for the first time in 2010-11.

While the MHSAA believes participation fees are counter-productive for schools and communities, the MHSAA offers a guide to “best practices” where school leaders have determined there are no better choices for providing necessary financial support for the interscholastic athletic program. Click here for this guide as well as the current and previous surveys.

Among the core values of school sports is a program that is inexpensive for students to play and for families to watch. The program should have great breadth and depth, appealing to many different students and open to all who have interest and meet high standards of eligibility and conduct.

Participation fees that discourage and limit participation are antithetical to these core values of educational athletics.