Boring Impartiality

January 6, 2017

Some people – like our U.S. President-Elect and, apparently, like the NCAA Division I Football Playoff Selection Committee – seem to believe that all publicity, no matter how negative, is good publicity. If it draws attention to your candidacy or championships series, no matter how embarrassing, it’s okay – even good.

That’s not the belief of the Michigan High School Athletic Association. As an organization that must too often do unpopular things, like enforce rules that others don’t and impose penalties that others won’t, the MHSAA prefers to avoid creating controversy where there are options to do so.

The structure of MHSAA tournaments provides some options.

Tournaments which exclude no teams or individuals provoke less controversy than those with a limited field. Tournaments which favor no teams through a seeding scheme cause fewer arguments.

If our only purpose were to increase revenues, there is much we could do to gerrymander MHSAA tournaments in order to shorten, smooth out and straighten the tournament trail for the teams with the best records and biggest crowds during the regular season, like the NCAA women’s and NIT men’s basketball tournaments do.

But if fairness – blind, boring impartiality – is more important to us, then we will not force the teams with the poorest regular season records to face off in bracket rat-tails and we will not provide the teams with the best regular season records a tournament trail that avoids similar teams for as long as possible.

This approach opens us to criticism that we are dumb to be different and stupid to reject the revenue-generating practices of major college and professional sports organizations. But no one can claim we are unfair.

It’s not unfair to treat all schools the same. The unfairness begins – and real controversy follows – when an organization tries to favor some teams over others.

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.