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.

Bet On It

May 22, 2018

In 1991, Michigan became the first state in the nation to pass legislation to prohibit a state-sponsored lottery from including games based on the results of sporting events. A bill introduced by Representative Keith Muxlow of Brown City passed both the Michigan House and Senate without a dissenting vote and was signed by Governor Engler Dec. 18, 1991.

The effort was assisted by the Michigan Coalition to Ban Legalized Sports Betting, a broad-based group of athletic, educational, religious and civic organizations which then turned its attention to helping pass federal legislation needed to fully protect Michigan’s professional and amateur sporting events from the influences of gambling in other states.

The federal legislation that resulted, on the books for 25 years, was ruled unconstitutional by the U.S. Supreme Court on May 14, 2018.

There are currently eight bills pending in the Michigan Legislature that would expand gambling in the state of Michigan, including several that would legalize sports betting or fantasy sports wagering and allow the Michigan Lottery to handle those bets.

It is impossible to know all the consequences – positive and negative – of expanding legalized gambling in our society generally and on sports particularly. However, we can imagine that as every decision and action of players, coaches and officials influences statistics and determines winners and losers of both contests and wagers, fans will become increasingly cynical of individual and team performances where sports betting is allowed.

And, more than ever, school-based sports will stand apart from the charade or corruption of sports on all other levels by all other sponsors. You can bet on it.