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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.”

Transfer Rule Rationale

March 6, 2018

It is certain that the Michigan High School Athletic Association transfer rule is imperfect. However, whatever imperfections exist are effectively remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee’s opinion, the rule fails to serve any purpose for which it is intended or, in its sole discretion, the Executive Committee determines that application of the rule creates an undue hardship on the student. 

In a typical year, the Executive Committee will receive approximately 290 requests to waive the transfer regulation, approving approximately 60 percent of those requests.

The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 2, 2017:

  1. The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.

  2. The rule tends to prevent students from "jumping" from one school to another.

  3. The rule prevents the "bumping" of students who have previously gained eligibility in a school system by persons coming from outside the school system.

  4. The rule tends to prevent interscholastic athletic recruiting.

  5. The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.

  6. The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and teamwork expectation fulfillment.

  7. The rule is designed to discourage parents from "school shopping" for athletic purposes.

  8. The rule is consistent with educational philosophy of going to school for academics first and athletics second.

  9. It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).

  10. It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.

  11. It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.