Consequences
September 28, 2012
In “the good ol’ days” order was kept, not just because people prayed in school or taught morality (if that’s possible), but because students understood there were consequences for breaking rules. Practical consequences. If you do this, that will happen. Definitely. And no fancy footwork by your folks or their lawyer would get you out of it.
It would have been unheard of for the parents of a boy or girl who was disciplined out of one school to petition the administration of another school to waive the transfer regulation to allow the youngster to participate in athletics immediately at that school, and then to engage an attorney and go to court when the second school performed its responsibility by saying “No, not for one semester.”
This student could have learned a tremendous lesson for life: you’ve got to live with the consequences for your actions. Instead, what the youngster learned was that if you don’t like the consequences of your actions, then sue.
I don’t think we do the MHSAA, schools, or – most importantly – our students any good if we keep bailing them out of the boat of consequences.
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.