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.”

Anticipating Collateral Damage

March 23, 2018

When major college sports sneezes, high school sports usually catches a cold.

Throughout history, the National Collegiate Athletic Association has made changes in response to problems in college sports that have resulted in harm to high school sports.

Who can argue that relieving college coaches from the burden of being members of the instructional faculty did anything but weaken the connection between intercollegiate athletics and the educational mission of the sponsoring institutions? That major college football and men’s basketball coaches are the highest paid employees at many universities demonstrates the disconnection.

Who can argue that the creation of athletic grants in aid – scholarships – did anything but raise the pressures on college programs to win and to recruit hard at the high school level? Who can argue that this process got any more upright and above board when NCAA rules were changed to push most of the recruiting process to non-school venues and corporate concerns?

Who is surprised now that the corruption has moved beyond the NCAA’s ability to control and has resulted in investigations by the Federal Bureau of Investigations and indictments followed by player ineligibilities and coach firings?

The worry now is that the NCAA and the National Basketball Association will strike again. Aiming to solve their problems, they likely will add to ours.