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.”
Striking A Balance
January 23, 2018
This past fall, the feature topic of the seven Update Meetings of the Michigan High School Athletic Association was the Transfer Rule ... its history, rationale and reasons why it should and shouldn’t be altered to counter the transfer epidemic that school of choice laws and the youth sports travel team culture have infected upon school-sponsored sports in this and other states.
The Update Meeting presentation included cautions that, while the vast majority of school administrators and coaches want a tougher and tighter transfer rule with longer periods of ineligibility and fewer exceptions that permit immediate eligibility, many people outside of school sports believe such changes would infringe upon their individual choices; and even some people involved in school sports at the local level lose interest in supporting the rules already in place when they are applied to their own situation.
The Update Meeting concerns have been legitimized during more recent months in both high and low profile situations.
There are suggestions that the MHSAA should have an investigations department to search for and penalize athletic-oriented transfers and unscrupulous acts by coaches, parents and others. Which is a foolish notion. The MHSAA does not have subpoena power, can’t perform wiretaps, and cannot devote the personnel and other resources that an investigations department would require. Even with hundreds of millions of dollars in resources, the NCAA has not been able to execute that function for intercollegiate sports, and recently the FBI stepped in to do the difficult work.
As has been its long-standing and generally effective practice, the MHSAA relies heavily on its member schools to help enforce its rules, which schools agree to do as a condition of their voluntary membership.
At the other extreme are suggestions to do away altogether with transfer eligibility rules. Let anything and everything go. Which is what we call the AAU, an incompatible approach to student-centered, school-sponsored sports.
Striking a balance is a difficult, but worthwhile endeavor. To that end, the MHSAA Representative Council works tirelessly on behalf of member schools to establish the proper set of rules to create competitive equity.