Close Calls
November 22, 2011
The little slip of paper I removed from the fortune cookie read: “Every important call is a close one.” That notion may be more critically important in some aspects of life than others, but nowhere in the fun part of life is it any truer than competitive athletics.
Where the winning margin can be a fraction of a second or inch, observed by hundreds or even thousands of spectators, athletes, coaches and contest officials, we know this to be true: the toughest decisions are the most critical, most defining of all.
School and school sports administrators learn that it is the closest calls – where evidence is least conclusive, opinions most divided or precedent lacking – that have the greatest effect on their school communities and their own careers.
It is at these times – close calls – that leaders show up. That they speak up. That they stand up.
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.