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.
Sweating the Small Stuff - #1
May 29, 2018
I would prefer that the 51 organizations which make up the membership of the National Federation of State High School Associations would not waste another breath talking about the NFHS conducting national athletic events. But just about as frequently as U.S. presidential elections, the topic returns to NFHS meeting agendas.
About a third of NFHS member associations are somewhat in favor of national events, another third are strongly opposed, and a final third won’t offer an opinion until they are provided more details of what a national event would look like.
Most of this undecided group will reject anything that is in the nature of a national high school championship ... anything that would follow or extend seasons and diminish their own state high school championships. Most of this undecided group will reject anything involving team sports.
That has led to talk of a summertime track & field invitational event. Like dozens of other such events available to individual students without any time or expense for their schools.
Even then, there would be hours of debate about who would be invited and how, what specific track & field events would be contested, as well as when and where the event would be held. And who would pay. And what would be the fate of state associations’ existing policies which limit when, where and how much their member schools’ students may compete.
Even if the planners choose a path of least resistance for a national event, the devil will be found in the details.
While many will be busy sweating the small stuff, this association will focus on a more fundamental question: “How could the NFHS ever presume to conduct events that would cause some of its member high school associations’ schools and students and coaches to violate existing rules of their state associations?”