None of This is New

October 31, 2011

Those commenting on national affairs keep saying that our political processes are too polarized to get anything done; but political parties were every bit as divided in the 18th, 19th and 20th centuries as they are today, and public debate was even more strident than the lack of civility we see today.

The grilling of Supreme Court nominees, Wall Street bankers and British Petroleum executives can seem sensational, but this has been nothing like the early 1950s when Senator McCarthy of Wisconsin conducted hearings into Communist sympathies of employees in government and Hollywood.

It is almost laughable to assert that modern political debate is disintegrating.  Heck, in 1804 our nation’s vice president, while in office, challenged a critic to a duel.  And shot him dead!  Now that’s discord!

My point is that the political process didn’t break recently.  If it’s broken, it’s always been broken, always contentious and acrimonious – from the drafting of the Declaration of Independence and Constitution, to the War Between the States, until today:  corrupt politicians, polarized political parties, bitter debates, contentious elections.

None of this is new, except for the increased media coverage.  None of this alone is to blame for today’s inability to solve problems.  And all of this together is not to blame for today’s problems.

Perhaps closer to the heart of the problems today in Michigan and our nation is a lack of heart in “we the people.”  A lack of passion, principle and – most of all – common vision and purpose.

Maybe we’ve just had it so good for so long that we’ve forgotten to dream for better days and fight for a better future.

Maybe these tough times will refresh our dreams and reignite the fight.

Penalty Points

August 26, 2016

The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.

The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.

Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.

It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.

While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.