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."

By The Book

January 16, 2018

The Michigan High School Athletic Association is unfairly criticized by the uninformed for inconsistently administering the Transfer Rule.

That some students are eligible and others not after a change of school enrollment is the result of 15 stated and necessary exceptions within the Transfer Rule that can cause some students to be immediately eligible while others have to wait about one semester before they become eligible to participate for their new school. The rule, as written, with 15 pretty cut-and-dried exceptions, is consistently applied.

Some students have their ineligibility extended from one semester to two because an athletic-motivated transfer was alleged by the student’s previous school and confirmed by the MHSAA, OR because one of the listed athletic-related links was found to be present by the MHSAA without any school needing to make a written allegation of an athletic-motivated transfer. Some students have their eligibility extended further – up to four years – because they transferred as a result of undue influence (athletic recruitment).

So, if you read that one student transferred without any loss of eligibility, and another transfer lost one semester of eligibility, and another lost two semesters of eligibility, and another student lost even more, it is a function of the specific rules involved and their application to the specific facts of the different students’ situations.  

It’s not bias, but the book (the Handbook that all member schools adopted); it’s not favoritism but how the rule applies to the facts of each case.