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.”

New World, New Needs

October 3, 2017

The core of our current transfer rule was debated by a predecessor organization 20 years before the Michigan High School Athletic Association existed, in 1904. The MHSAA’s first handbook stated the rule in 1925: a one-semester wait to play after a change of schools, unless accompanied by a residential change by the student and parents or guardians. A one-semester wait, with one exception.

In 1971, the number of stated exceptions went from one to twelve.

It’s in 1981 when sentiment seemed to shift toward a harder line when the exception from a “broken home” approved by both school principals was toughened to require a completed divorce decree and a form signed by both principals and the MHSAA executive director.

When the transfer rule was adopted, the world was different than today. In 1904, 1925, 1971, even 1981, it was both a different society and youth sports landscape.

There were many more three-sport athletes then than today and many more three-sport coaches. There were many fewer non-school youth sports programs then than now, and many fewer nonfaculty coaches. And, of course, there was no school of choice.

Increasing year-round single-sport specialization by both students and coaches; ubiquitous specialized sports camps, clinics, trainers, travel teams and leagues – where both students and parents are making friends; more reliance on drop-in, nonfaculty coaches for school teams; and expanding open enrollment laws have combined to change our world.

And they combine to suggest the need for more changes in the MHSAA transfer rule.