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Adult Errors
February 26, 2016
Every month, the MHSAA Executive Committee considers requests to waive eligibility rules for students. In very many cases, the student has become ineligible largely as a result of actions by others, most often a transient, broken or otherwise dysfunctional domestic environment.
While the Executive Committee starts the consideration of every case with a bias toward helping the student, the Executive Committee does not accept as a blanket excuse, “It wasn’t the student’s fault.” That alone will not win a waiver for the student.
When schools utilize an ineligible player in competition, resulting in forfeiture of the contest, it is almost always an inadvertent violation, often an administrative oversight. Once again, there is an inclination for people to appeal the required forfeit because, “It wasn’t the kids’ fault.”
Every third year or so, a school team will participate in more than the maximum number of contests or days of competition permitted during the regular season, and lose its MHSAA postseason participation privileges in that sport. Again, this is almost always an administrative misunderstanding ... “an adult’s error which shouldn’t penalize the team.” Again, “It wasn’t the kids’ fault.”
If every rule was unenforceable when it was an adult’s error, not a student’s fault, there would be few enforceable rules in school sports, and increasing disregard for rules. It has been encouraging to have so many people contact the MHSAA office in support of that message.
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Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.