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.”

Grabbing Game-Changers

October 6, 2017

The Michigan High School Athletic Association has not been standing still while the athletic transfer situation has devolved into an eyesore for educational athletics.

Twenty years ago (1997), the association adopted a rule that extended from one semester to 180 scheduled school days the period of ineligibility in all sports for a student whose primary reason for changing schools is alleged and confirmed to be athletics.

In 2014, dissatisfied with the infrequency of that rule’s use and the difficulties it created between schools, the association adopted the “links” rule – the athletic-related transfer rule. This extended ineligibility from one semester to 180 scheduled school days in a particular sport when a non-school experience in that sport links the student to the school team to which he or she is transferring.

The newer rule has been easier to use. It doesn’t require that an allegation be made by the administration of the school from which the student is transferring. It has been less likely to pit one school against another, but more likely to pit parents against the MHSAA.

The new rule has been best used as a deterrent before a student transfers ... a warning. But the rule is of no use if one of the 15 exceptions that provides for immediate eligibility applies – for example, if there was a full and complete change of residence.

That is a gap that gnaws at those who want to nab the “game changers” – those transfers who add to the status of one team while dashing the dreams of another.