We Must Do Better

July 16, 2012

Everybody is expressing opinions about the US Supreme Court’s various written opinions regarding the Patient Protection and Affordable Care Act of 2010.

However, my mind goes back to the heated debate the previous year, to a passage about this topic in a July 13, 2009 Businessweek column co-authored by Benjamin E. Sasse, US Secretary of Health and Human Services from 2007 until taking a teaching position at the University of Texas in Austin in 2009, and Kerry N. Weems, an independent consultant who previously served 28 years in federal government, most recently as the head of Medicare and Medicaid.

Sasse and Weems wrote:  “. . . passionate certainty that things are broken is not the same as dispassionate clarity about how to fix them.”  They were critical of people on both sides of the health care debate who were “still campaigning on the issue when what’s needed is a detailed conversation.”

What bothered Sasse and Weems on July 13, 2009, seven months into President Obama’s first term, has only gotten worse on July 13, 2012, four months prior to the next election.  Many are campaigning – on health care, as well as the economy, the environment, education and every other pressing issue of our times and our children’s times – but few are truly leading on those issues.

Borrowing from the title of Bill Bradley’s latest book, which he borrowed from Abraham Lincoln’s second inaugural address, "we can all do better."  In fact, we not only can, we must.  It’s a matter of will more than it is of wisdom.

Penalty Points

August 26, 2016

The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.

The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.

Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.

It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.

While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.