Students of Rules
November 12, 2013
Those who make rules ought to be students of rules. We mean this in at least the two ways this posting and the next will address.
First, rule makers should know the essence of the existing body of rules which they will be responsible for upholding or modifying during the necessary ongoing review of those rules. These rule makers should have a general awareness of when and why each rule was first adopted, how it might have evolved, how it is now applied and what the major compliance problems have been in the past or may be in the future.
This first requirement is as important for those who prepare the rules for the contests – the playing rules – as for those who promulgate the rules that establish the minimum eligibility standards and the maximum limits for competition. In the face of any proposal to eliminate or greatly modify any rule, rule makers must ask what problems may return if they remove the rule that solved those problems.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules, of course, don’t come out of thin air. Legislatures and organizations adopt them usually to proscribe unwanted behaviors but typically in reaction to events. They lower speed limits after automobile accidents become too frequent, regulate pit bulls after a series of dog bites, or institute new expense-tracking procedures after someone is caught trying to get reimbursed for their new iPod. Rules have been established for a reason, but most people are out of touch with the rationale and spirit of why. They don’t read legislative histories and so have a thin, superficial relationship to the rules . . .”
That is not acceptable for those who write, review and revise rules. They have to know where each rule has come from. This is why for the rule makers and for those in our member schools responsible for applying the rules day in and day out, the MHSAA keeps current “The The History, Rationale and Application of the Essential Eligibility Regulations High School Athletics in Michigan."
Gut Check
October 18, 2016
After nearly eight years on the staff of the National Federation of State High school Associations, I accepted the challenge of leading an effort by a private business to consolidate the insurance needs of high school athletic associations and to control their coverages and costs through a self-insuring pool. My assigned goal was to assemble at least half of the 50 states in this fund. The need was so great at that time for comprehensive general liability and directors and officers insurance tailored to the unique needs of state high school athletic associations, that the group was quickly assembled and launched.
My time leading this effort was brief. In spite of the program's immediate success and continued growth, I became uncomfortable. The discomfort was born and grew in the fact that while I was out meeting with states, decisions were being made back at the home office that I was not involved with or aware of. I began to feel used ... my credibility was bringing in business, but changes were being made without my input; and I feared for my reputation. After a year of this, I resigned the position. That was 1981.
Nine years later, the companies' CEO was terminated when it was discovered that he used the construction of a company headquarters office to build himself a new house at the same time, burying his home construction costs into the books of the companies' capital expenses. Seven years after that, the companies' founder and namesake went to jail for operating from 1984 until at least 1993 what was determined to have been a Ponzi-like scheme.
I listened to my gut which, long before my head, knew something was not right. In fact, my gut seemed on alert well before things went wrong. This has happened at other crossroads and dozens of less dramatic moments in my professional and personal lives.
In this time of increasingly complex and difficult decisions, both personal and professional, the gut may be a good guide for us all.