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.”

Visualizing Transfers

January 30, 2018

There are two visual aids to bring to the discussion of the transfer rule serving school sports in Michigan.

One visual is of a continuum, of a line drawn across a page, with 50 dots representing the transfer rules of the 50 states, with the more liberal or lenient rules to the left and the more conservative or strict rules to the right.

The dot for Michigan’s rule would be well to the left of center. The basic rule calls for an approximately one-semester wait for eligibility after a transfer, but with immediate eligibility if one of the 15 stated exceptions applies to the student’s circumstances.

The majority of states have a longer period of ineligibility and fewer built-in exceptions.

The second visual is of a playground teeter totter.

Sitting at one end are the majority of school administrators of Michigan (about two-thirds) who want a tougher and tighter transfer rule, with a longer period of ineligibility and fewer exceptions.

At the other end of the teeter totter is parents of school-age children, some unmeasured portion of which believe there should be no limitations in how or where they educate their children, whom they believe should have full and immediate access to all school programs at any school they choose for their children.

In the center, at the teeter totter’s fulcrum, is the Michigan High School Athletic Association, helping parents hear school administrators, and vice versa.