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.”

By The Book

January 16, 2018

The Michigan High School Athletic Association is unfairly criticized by the uninformed for inconsistently administering the Transfer Rule.

That some students are eligible and others not after a change of school enrollment is the result of 15 stated and necessary exceptions within the Transfer Rule that can cause some students to be immediately eligible while others have to wait about one semester before they become eligible to participate for their new school. The rule, as written, with 15 pretty cut-and-dried exceptions, is consistently applied.

Some students have their ineligibility extended from one semester to two because an athletic-motivated transfer was alleged by the student’s previous school and confirmed by the MHSAA, OR because one of the listed athletic-related links was found to be present by the MHSAA without any school needing to make a written allegation of an athletic-motivated transfer. Some students have their eligibility extended further – up to four years – because they transferred as a result of undue influence (athletic recruitment).

So, if you read that one student transferred without any loss of eligibility, and another transfer lost one semester of eligibility, and another lost two semesters of eligibility, and another student lost even more, it is a function of the specific rules involved and their application to the specific facts of the different students’ situations.  

It’s not bias, but the book (the Handbook that all member schools adopted); it’s not favoritism but how the rule applies to the facts of each case.