Not the Critic

February 22, 2014

It is predictable; and it’s petty, not profound. Almost without exception, when a rule is enforced in one situation, the MHSAA will be criticized for not pursuing a similar penalty in other cases.

Of course, the critic is apt to draw parallels where they don’t exist. The critic is likely to assume facts that are not correct, and likely to call for the MHSAA to apply rules that the critic misunderstands, and to assess penalties that are in no one’s authority to impose. The critic can be unbothered by truth, accuracy and accountability. We cannot.

To be honest, MHSAA staff members have often been frustrated that the rules as they are written have no way to stop a particular transfer, or that people will not give testimony to enable a finding of undue influence. The reality is that rules cannot be written to stop everything bad without interfering with very much that is not bad.

And it is equally true that many people who have condemning information do not have the courage to share that information. And that some school administrators are too busy to get involved in such messiness. And that other school administrators are only too happy to have a malcontent athlete or parent move to another school.

Even at risk of irritating member school colleagues, the MHSAA ignores no allegations of violations by its member schools, their personnel or their students, even though we know that very many will be without merit – sometimes an innocent misunderstanding, other times a personal vendetta. And we know there may be just as many situations going unnoticed by or unreported to MHSAA staff.

And we also know that even when we do our job and we get it right – which is almost all the time – we may still be criticized by those who either have a personal agenda or do not have all the facts.

What is also true but unknown to the critic is the frequency with which MHSAA staff works proactively with schools to avoid problems, and how often MHSAA staff works privately with schools which self-report and quickly penalize their own constituents. A high percentage of violations have little publicity because we are intentional in efforts to keep a low profile for the unsavory side of educational athletics, and to keep the spotlight on the achievements of young people.

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.