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.”

Answering Seeding Questions

January 19, 2018

Seeding is a topic on the agenda of several Michigan High School Athletic Association sport committees. Last May, the Representative Council reiterated that its approach is to consider seeding on a sport-by-sport, level-by-level basis, depending on its committees and others to develop specific plans and to demonstrate wide support among schools of all sizes and types.

A recommendation by the Basketball Committee in December of 2016 to seed District and Regional basketball tournaments with one of the systems utilized by the NCAA for its men’s Division I tournament was not adopted by the Council last May, but MHSAA staff was requested to explore alternatives for seeding District level tournaments only.

Subsequently, MHSAA surveys have demonstrated significant support, especially in more populated areas, for an approach that separates on District basketball tournament brackets the top two teams of each District whose teams continue to be assigned on the basis of geography. We’ve found that historically strong programs tend to support this “simple seeding,” while middle-of-the-pack programs tend to see seeding as another obstacle to success and creating more distance between haves and have-nots.

MHSAA staff have demonstrated how similarly the results would have been if any one of the three systems had been used to perform this simple seeding of District basketball tournaments in 2017. In the vast majority of 2017 District tournaments, the team that actually won the tournament would have been the No. 1 seeded team in that District, demonstrating that simple seeding may be less about picking the winners than it is determining which two teams will play in the District championship games.

Many questions would have to be answered before any one of these systems could be adopted. However, even without answering any questions, in December 2017, the Basketball Committee recommended seeding for District tournaments as soon as possible.

At its January meeting, the MHSAA Classification Committee made a recommendation to the Representative Council that attempts to answer one of the questions. That committee agreed that if a plan is approved to separate the top two seeded teams in each geographically determined District of the Girls and Boys Basketball Tournaments, the system used should be completely controlled within the MHSAA office.

Of course, many other questions and logistical details need to be answered. Do we only use games versus member schools? What do we do with unreported scores? When is the data finalized? Should human input be added to the computer ratings? Do seeded teams automatically get a bye? How and when do we assign officials?

Answering such questions must come next.