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The Safe Play Game Plan

April 21, 2015

On Feb. 10, bills were introduced into both the United States Senate and United States House of Representatives, together called the “Safe Play Act,” which addresses three of the four health and safety “H’s” described in my last posting: Heat, Hearts and Heads.
For each of these topics, the federal legislation would mandate that the director of the Centers for Disease Control develop educational material and that each state disseminate that material.
For the heat and humidity management topic, the legislation states that schools will be required to adopt policies very much like the “MHSAA Model Policy to Manage Heat and Humidity” which the MHSAA adopted in March of 2013.
For both the heart and heat topics, schools will be required to have and to practice emergency action plans like we have been promoting in the past and will be distributing to schools this summer.
For the head section, the legislation would amend Title IX of the 1972 Education Amendments and would eliminate federal funding to states and to schools which fail to educate their constituents or fail to support students who are recovering from concussions. This support would require multi-disciplinary concussion management teams that would include medical personnel, parents and others to provide academic accommodations for students recovering from concussions that are similar to the accommodations that are already required of schools for students with disabilities or handicaps.
This legislation would require return-to-play protocols similar to what we have in Michigan, and the legislation would also require reporting and record-keeping that is beyond what occurs in most places.
This proposed federal legislation demonstrates two things. First, that we have been on target in Michigan with our four Hs – it’s like they read our playbook of priorities before drafting this federal legislation.
This proposed federal legislation also demonstrates that we still have some work to do.

Law and Order

June 9, 2017

I have no knowledge of the rumored wrongdoing associated with the athletic department at Baylor University except what I’ve read in leaks and news reports for well over a year. One thing I’ve noticed is the different approach the NCAA is taking now compared to its high-profile involvement when the scandalous wrongdoing at Penn State began to surface just a few years ago.

In both situations, we are not talking about violations of rules directly related to the conduct of an intercollegiate athletic program. Apparently in both cases, there are crimes involved, for which society has a system to adjudicate guilt and, if found, to assess penalties.

In the earlier case, the NCAA jumped ahead of the judicial system to find guilt, and it vaulted over its own Handbook to fix penalties. Some of those penalties have since been modified or vacated. They were based on public opinion more than the published policies and procedures for governing NCAA operations.

Perhaps the NCAA’s lower profile now indicates it has learned from its earlier overreach that, however heinous the behavior, some things are beyond the authority and regulatory responsibility of a voluntary, nonprofit athletic association – no matter how powerful it may seem.

While I’m not aware of anything remotely resembling these situations in Michigan high schools, it is not infrequent that the Michigan High School Athletic Association is asked by a well-intentioned person to terminate the athletic eligibility of a student who has broken a public law but not a published rule of his or her local school or the MHSAA. We can’t.

The MHSAA does not have rules that duplicate society’s laws or seek to exceed them. Even with a budget 1,000 times that of the MHSAA, the NCAA has discovered it doesn’t have policies and procedures to do so consistently or well.

We already know that the MHSAA must allow local schools, law enforcement agencies and courts to deal with transgressions away from school sports. Our job is to stay focused on sports and a sub-set of issues that address participant eligibility and safety as well as competitive equity between contestants.

The MHSAA is an organization that cares about young people but recognizes its limitations, both legal and practical. The MHSAA has neither the legal authority nor the resources to be involved in regulating young people and coaches for all things, at all times and in all places. In the area of sports, and especially within the limits of the season and the boundaries of the field of play, the MHSAA does have a role, and it’s to help provide an environment that is sportsmanlike, healthy and consistent with the educational mission of schools.