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."
Going to the Mat
October 4, 2016
Somewhere I heard a speaker say: “The most exciting thing in life is to be shot at ... and missed.”
In a real sense, I wouldn’t know; but metaphorically, that’s somewhat how we’ve felt after a federal district court judge tried unsuccessfully to cripple the Michigan High School Athletic Association in the aftermath of a lawsuit over the placement of sports seasons in Michigan.
Plaintiffs wanted the high school sports seasons for boys and girls to coincide and to mirror the seasons the National Collegiate Athletic Association established after our high school seasons were adopted. With the urging of its member schools, the MHSAA battled for nine years to attempt to retain a sports seasons schedule that allowed schools to use their resources (facilities, coaches and officials) in ways that they could demonstrate promoted higher participation rates by both genders.
Plaintiffs did not get all that they sought in the case, and neither did schools; but the judge ordered the MHSAA to pay $7.9 million, much more than the organization’s assets at that time.
But rather than being the death knell for the MHSAA, these events breathed exciting new life into the organization, the positive effects of which continue today.
The judgment – reduced significantly through negotiations, early payment incentives and insurance and paid off in 18 months – set in motion a review of internal operations that reduced expenditures by $600,000 over 12 months, while sponsorship and broadcast revenue grew by a combined $600,000 during those 12 months.
Eight years later, many of the operational savings continue, and non-tournament revenue is now more than double what it was in the first year following the judgment.
While complaints still come to us from students and citizens in local communities regarding the court-ordered changes for sports seasons, and participation has declined significantly in several of the affected sports – especially girls basketball, girls volleyball and boys tennis – the MHSAA office still continues to enjoy many efficiencies, as well as some euphoria, from the shot-at-but-missed experience.
This comes from the knowledge that we went to the mat for what our schools wanted, fought long and hard, paid a high cost, and came out of it with schools’ respect. In the aftermath, the MHSAA staff and Representative Council came together, and came through it stronger.