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.”
Cooperative Concerns
July 12, 2016
When an organization receives positive media attention for a policy change, it’s probably best to accept the praise and get back to work. But that could be too easy and miss some teachable moments.
This summer, the Michigan High School Athletic Association has been the recipient of unqualified praise for allowing two or more high schools of any size to jointly sponsor sports teams at the subvarsity level, and for relaxing enrollment limits so that two or more high schools of the same school district could jointly sponsor varsity teams in all sports except basketball and football.
Media seemed to think that this was something revolutionary in Michigan. In fact, the concept of what we call “cooperative programs” in Michigan was borrowed from other Midwest states and began in Michigan during the 1988-89 school year when seven cooperative programs were first approved. Those seven co-ops involved 13 of the MHSAA’s smallest high schools.
Over the next almost three decades, policies have been revised over and over to assist students in schools of larger enrollments, sports of low participation and schools with special circumstances. All of this is admirable; but to be frank, not all results are positive.
The idea of cooperative programs is to increase opportunity. That has often occurred. But increasingly, schools are entering into co-ops not to create new opportunities for participation where they did not exist, but to save opportunities for participation where existing participation is declining – or worse, to combine two viable teams into one to save money.
This trend, and the slight softening of the fundamental principle of educational athletics – that each student competes for his or her own school’s teams – should soften the praise for our most recent expansion of cooperative programs in Michigan.
Entering 2016-17, the MHSAA has nearly 300 high school cooperative programs for nearly 500 sports teams, and nearly 100 junior high/middle school cooperative programs for approximately 340 sports teams. A growing number are not being created with the lofty goals of 1988-89. Instead of the word “create,” we more often see the word “survive” in the cooperative team applications.