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.

Sweating the Small Stuff - #3

June 5, 2018

I’m sure it discouraged some of our state’s high school football coaches to learn that the Representative Council of the Michigan High School Athletic Association did not approve at its May 6-7 meeting what some people refer to as the “enhanced strength of schedule proposal” for determining 256 qualifiers to the MHSAA’s 11-player football playoffs.

There was desire among some Council members to appease those who keep trying to reduce the difficulties that a football tournament causes for regular season scheduling and conference affiliations. Others noted that the proposal, as presented, could cause as much harm to some schools and conferences as it would help others, that it did not solve the scheduling problem but shifted it.

During spirited discussion, some Council members resurrected two ideas that have been rejected previously, such as (1) doubling the playoffs once again (and shortening the regular season to eight games), and (2) coupling a six- or seven-win minimum with the revised strength of schedule criteria. The pros and cons of each idea flowed freely.

And therein is the problem. If one digs down into the details of proposals, both old and new, there are both positive and negative aspects apparent, both intended and unintended consequences likely.

There can be paralysis in analysis; but when we are dealing with more than 600 high school programs and a physically demanding sport with fewer regular-season contests permitted than in any other sport, one cannot be too careful. Eliminating one of just nine regular-season games? Increasing first-round tournament mismatches? Disadvantaging larger schools locked in leagues or areas of the state where smaller schools predominate? These are not minor matters.

And until there are sensible answers, these are not trivial questions.