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.”

Thinking of Don Quixote

October 10, 2017

The athletic transfer problem is not confined to high schools alone. Recently, the National Collegiate Athletic Association has had a work group studying the NCAA transfer rule for Division I institutions.

The problem has been of particular concern in Division I men’s basketball where more than 20 percent of scholarship players changed schools between last season and this.

The work group appeared to have narrowed its study to two options: Make every transfer student ineligible for one year; OR, Allow every transfer student immediate eligibility. And the second option seemed to have had the early momentum.

But last Wednesday, the work group announced that the proposal to grant immediate eligibility to transfer students who meet certain academic standards will not advance during the current NCAA legislative cycle. Two days later the report was corrected: there's still a chance for change by 2018-19.

Major college conference commissioners and NCAA leadership have surveyed the landscape. They see athletes arriving on their college campuses from an environment where, if they weren’t happy with a team, they changed teams.

Apparently, the non-school, travel team attitude is bigger than the NCAA may want to battle.

Yet here we are, thinking of how to wage war on athletic transfers in high schools.