Better Late Than Never

November 8, 2013

In a matter of minutes online or a matter of an hour in a bookstore, we can locate dozens of magazine articles and full-length books that describe either the blessings or burdens of all the technology that is now at our fingertips at home, at work and in play.

Every problem we have (and many we had no idea we have) seems to have a technology solution. And, it seems every solution creates new problems: from invasions of personal privacies to compromised security of children, companies and countries. And sometimes the technology breaks down altogether.

The latest and largest failure is the government’s inability to deliver on its promised online health care marketplace. Before that, we’ve seen “glitches” close down Wall Street’s NASDAQ exchange. Technology troubles recently crippled the reservation systems of 11 airlines simultaneously. Even Internet “expert” Facebook mishandled the technology for its own initial public offering.

So it has surprised few of us that the launch of ArbiterGame to solve the scheduling issues of MHSAA member schools has had many of its own issues. But we are certain of this: ArbiterGame will be successful in providing member schools the safest, most efficient and reliable electronic athletic department management system that is available, and the least expensive, anywhere.

As we began this journey in the second half of 2011 in response to a crescendo of complaints from administrators about the then-available scheduling software, we anticipated the effort to complete the project could take twice as long and cost twice as much as projected and, even if that pessimistic prediction would turn out to be true, the result would still be worth it. It is taking twice as long, and it will be worth the work and wait.

The value will be in the low cost and high convenience for school administrators, and a platform – MHSAA.com – that presents the data in an environment that promotes the highest ideals of school sports.

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.