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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.

Continuous Work

July 6, 2015

Since we posted the blog below on May 16, 2014, we have observed that major portions of the NCAA’s sanctions of Penn State have been overturned for being beyond the authority that member institutions have given the NCAA. This reminds us of the need to have our own organization continuously working on rules and penalties, and the authority to make and enforce such rules and penalties, that may become necessary in the future for the ever-growing range of issues we confront in school sport.
We take no comfort when leaders of sports on other levels get embroiled in controversy; but we do try to learn from those situations.
For example, we watched very closely in 2012 how the National Collegiate Athletic Association responded fast and with force to the horrific sex abuse scandal at Penn State. The NCAA may have ignored its prescribed due process and exceeded its penalty authority, winning mostly praise from the public; but now the NCAA is mired in litigation over the legality of its swift and severe actions.
We are currently observing what could be a similar scenario for the National Basketball Association. Its commissioner moved quickly to impose a lifetime ban and other sanctions after racist public statements by an NBA team owner. While most people have praised the speed and severity of the commissioner’s actions, some people note that the recent racist remarks were not something new for this owner and the unprecedented penalties may be the subject of a lifetime of litigation.
The lesson of these situations for leaders in other places and on other levels is to be especially cautious about using power in popular ways. No matter how horrible the transgression, no matter how angry it makes you personally, follow the established rules of procedure and keep within the limits of your explicit authority.
I confess that this can be frustrating and that I have sometimes felt paralysis more than power when performing the role as MHSAA investigator and penalizer. But some of that frustration may be my own fault. If such frustrations are too common, we should be reworking the organization’s Constitution and rules, with the members’ agreement, to streamline process and strengthen penalties.
Significant steps in this direction have been occurring. For example, in May of 2013, the Representative Council adopted the athletic-related transfer rule; and on May 4, 2014, the Council increased the maximum penalty for undue influence from one year to four years for both students and adults.