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.”

Tracking Transfers

August 16, 2016

The number of requests to waive rules by Michigan High School Athletic Association school administrators to the MHSAA Executive Committee during the 2015-16 school year dropped to the lowest total since the 2006-07 school year, and the percentage of approved requests exceeded 80 percent for the first time in decades.

Of 453 requests for waiver, 381 (84%) were approved during the Executive Committee’s 12 meetings from August 2015 through June 2016.

As always, requests to waive the transfer rule dominated. There were 291 requests, of which 224 were approved (77%). That’s the first time there were fewer than 300 transfer waiver requests since the 2006-07 school year.

Across the U.S., transfers persist as the most popular and prickly eligibility issue of school sports, especially in states with open enrollment/school of choice. While certainly a greater plague in more populated areas where several schools are often in close proximity, this problem knows no economic boundaries – students bounce from home to home in disadvantaged communities and wealthier parents leverage their advantages to buy homes where they desire their children to be schooled.

While still a very small percentage of all transfer students, high profile athletic-related transfers get headlines and, too often, their new teams grab trophies that elude schools which play by both the letter and the spirit of transfer rules.

Mishandling transfers is still the No. 1 cause of forfeitures in Michigan high school sports. Increasing mobility and the messiness of marital relations keep students on the move, and keep athletic administrators on their toes. Vetting all new students, and getting all information before the new student gets in a game, is a high priority of the full-time professional athletic administrator, and it’s not something many part-time ADs can do.