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.
Leadership Impressions- #2 (Plugging Holes)
June 12, 2018
Almost every issue that affects youth is an issue that parents, politicians or the public is asking schools – and especially school sports – to solve.
Already consumed with efforts to promote participant health and safety in terms of heads, heat and hearts, our association is asked also to concentrate on mental health issues.
Having already addressed risks of tobacco, alcohol and performance-enhancing drugs, our association is asked also to campaign against opioid addiction.
State high school associations do not have the luxury to hire as many experienced people as they need to focus expertly on every topic that associations are asked to address.
The effect of this “person-power” shortage is to force the association’s executive director to be a utility player – an employee who can operate competently at many different positions, bringing time and prestige to the cause du jour.
Even the most forward thinking leader must be prepared to roll up sleeves and plug these holes in the team’s roster. This requires, again, that other staff be trusted to administer their assigned tasks without commanding the leader’s ongoing attention.