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.
Mountaintop Experience
May 15, 2018
Thinking that I’m younger than my almost 70 years, many people assume that I have another job lined up after my retirement in August. My response has been that if I needed or wanted to work full time, I would not leave the employment of the Michigan High School Athletic Association. It’s the best job – at least for me – in America.
Strong staff, supportive board, comfortable conditions, good benefits and – most of all – great mission. I’ve been at the top of the mountain; why would I ever go anywhere else?
And speaking of mountains ...
I depart for Peru next week to hike the Inca Trail. It’s not a long trek – 31 miles over four days – but there’s thousands of feet of up and down to deal with at very high altitude.
For a brief time I’ll be trading one mountaintop experience – serving the MHSAA – for another – hiking to Machu Picchu.