Undue Hardship
January 20, 2017
When appeals are made to the Executive Committee of the Michigan High School Athletic Association to advance the eligibility of a student for school sports, the argument is often made that application of the rule creates a hardship for a student who is not permitted to participate in competitive school sports.
Across the country when issues like these move beyond the appeals processes of state high school associations to courts of law, judges will sometimes opine that the student will suffer an undue hardship if he or she cannot play for a season, school year or career.
Given what is happening in our world, it always strikes me as absurd that anyone would allege or any court of law would rule that not being able to participate immediately or even at all in school sports is an undue hardship. There is hardship in the world, but sitting out school sports shouldn't appear on a list of hundreds of hardships being endured around the globe.
Consider, as I do regularly in one of my chief activities apart from my daily occupation, the hardships that are being endured by those who are fleeing a growing list of war-torn countries, by those who have been confined to refugee camps for many years, even by those who are fortunate enough to be resettled from those camps to far-away countries with different languages and customs.
These are real hardships that should embarrass those who suggest that sitting out school sports for a single contest or an entire career is a hardship. And the heroes are not those who challenge athletic eligibility rules but those who are being resettled in new nations, accepting work that is beneath their skills and experiences, and raising families who want nothing more than for their families to live in peace and security.
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.