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.
Leadership Impressions - #3 (Embracing Interruptions)
June 15, 2018
I was once told that “the job is the interruptions” – to look at an interruption not as something that detracts from my work but rather is the work. But there are two types of interruptions that have gotten my special attention over the years.
One type happens often, perhaps twice a week when averaged over the course of a year. It happens when the assistant directors of the Michigan High School Athletic Association are asked a novel Handbook question, one of first impression in their experience, and there is a difference of opinion among their colleagues as to the correct answer.
I expect to be involved in answering such questions; and sometimes I determine that the question needs MHSAA Executive Committee attention – for ultimately under the MHSAA Constitution, it is the Executive Committee’s responsibility to interpret what is not clear in Handbook Regulations and Interpretations.
The other type of interruption happens not twice a week but about twice a year, when a legal challenge confronts the MHSAA. It has been our practice to keep other staff focused on the daily business of the MHSAA, helping to make tournaments and other programs operate without distraction; while the executive director (as well as the associate director in more recent years) deals with litigation, which is usually a three- to six-month sprint but can also be a three- to six-year marathon.
I expect to insulate other staff from these diversions that can suck time and energy out of a forward-looking staff.
We anticipate that every day will bring us questions that were not on that day’s to-do list. We try to treat those interruptions as an important part of our work.