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.”

A Change Narrative

October 13, 2017

Here are five points to describe the essence of possible changes being processed by the Michigan High School Athletic Association for its transfer rule.

  1. We would move from a rule designed years ago for three-sport athletes to a rule that’s equally effective for regulating single-sport athletes.

  2. We would be treating all sports the same, regardless of season – fall, winter, spring. No longer would the transfer rule have a greater impact on winter sport athletes than fall or spring sport athletes.

  3. We would be getting out of the way of more “school of choice” parents who want to move a child from one school to another. If the student has not played a particular high school sport before, then eligibility is immediate in that sport ... at any level, and without any MHSAA Executive Committee action.

  4. We would be causing students who have played a high school sport (and their parents) to pause before they transfer. They would miss the next season in that sport unless one of the 15 stated exceptions to the transfer rule applies. (There is significant sentiment that this apply only to students who have played previously at the varsity level – i.e., if the student has participated previously only at the subvarsity level in a sport, that student could transfer and remain eligible at the subvarsity level; but this would be allowed one time only.)

  5. We would make it even tougher on students (and their parents) to circumvent the athletic-motivated and athletic-related transfer rules by eliminating the automatic residency exception in those special cases. (This is the most hotly debated of the changes being considered.)

The theme is “get out of the way of the benign transfers and get still tougher on the really bad ones.”