Logo

A Can-Do Response

January 5, 2015

Michigan has a tradition of some of the nation’s most lenient out-of-season coaching rules, especially in the summer; and yet, the few rules we have are sometimes blamed for driving students to non-school programs.
Nevertheless, there is some validity to the criticism. It is observably true that non-school programs seem to fill every void in the interscholastic calendar. The day after high school seasons end, many non-school programs begin. The day a school coach can no longer work with more than three or four students, a non-school coach begins to do so.
The challenge is to balance the negative effects of an “arms war” in high school sports against driving students toward non-school programs. It’s the balance of too few vs. too many rules out of season.
The out-of-the-box compromise for this dilemma could be to not regulate the off season as much as to conduct school-sponsored off-season programs in a healthier way than they normally occur, i.e., to move schools back in control of and in the center of the non-school season. To not merely regulate what schools and coaches can’t do, but actually run the programs they can do and want to do.
Of course, this would require more of what schools have less of – resources. School administrators who may be in agreement that schools should operate off-season programs to keep kids attached to in-season programs still balk because they lack resources. At a time when resources are being cut for basic support of in-season programs, how could they justify spending more for out-of-season outreach?
Ultimately, in discovering the sweet spot for out-of-season interaction between school coaches with student-athletes, we need to give at least as much attention to providing more opportunity for what they can do together as for what they can’t do.

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.