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.”

Storm Surge

September 29, 2017

We have all been glued to our video devices for gruesome scenes from hurricane-ravaged portions of this hemisphere. In terms of scope and duration, the devastation is unlike anything any of us can remember so close to home; and it’s hard to say this ... including Hurricane Katrina in 2005.

Within a few weeks of destruction in Louisiana and Mississippi in 2005, the Michigan High School Athletic Association had established procedures for expediting the consideration of athletic eligibility of students who had evacuated uninhabitable areas and arrived in our communities without the usual records required to establish athletic eligibility in MHSAA member schools.

On Sept. 6 of this year, the MHSAA Executive Committee revisited the 2005 experience and set a course for making eligibility decisions for evacuees from Texas, Florida and other locations, should they arrive in Michigan communities. Key elements for making favorable eligibility decisions are:

  1. The student’s previous school has ceased to operate.

  2. The student’s previous residence is uninhabitable. Dwellings are presumed to have been uninhabitable for at least a brief time in specific zip codes to be designated.

  3. The student has been ordered to evacuate from his/her previous community.

  4. The student has relocated to Michigan in a permanent type of housing (not hotel) with his/her parents or only living parent and has enrolled at the public school serving that residence, the closest public school academy to the residence, or the closest nonpublic school to the new residence, pursuant to Interpretation 62.

Should Michigan schools receive a surge of storm victims this fall, we are prepared to act quickly on athletic eligibility.