The Problem with Exceptions
November 22, 2011
Picking up where my last blog left off, this posting presents two more of six lessons that experience has taught me during my enriching years with the MHSAA.
Lesson No. 2: Beware of bad precedent.
An exception today that doesn’t seem to matter much is almost certain to be recalled and used against you tomorrow when it really does matter. People have poor memories for most things, but they have long memories for exceptional things, like making an exception to a rule.
A corollary to this lesson is that “no good deed goes unpunished.”
Lesson No. 2 is closely related to Lesson No. 3: The path of least resistance usually is not.
Making an exception for a squeaky wheel will likely lead to more noise, not less.
One corollary to this lesson is that there will be more fallout when people believe you have ignored rules than when people believe you have been heartless in applying the rules as stated.
A second corollary to this is that following the rules is the safest harbor during stormy seas.
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.