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.
Summer Football Safety
July 23, 2018
(This blog first appeared on MHSAA.com on June 23, 2017.)
Across the U.S. this summer, school-age football players are flocking to camps conducted by colleges and commercial interests. They get outfitted in full gear and launch themselves into drills and skills work.
Unlike the start of the interscholastic football season, the players usually do this without several days of acclimatization to avoid heat illness, and without limits on player-to-player contact to reduce head injuries.
Required precautions of the school season are generally ignored at non-school summer camps.
One notable exception to this foolish behavior is found in Michigan where the Michigan High School Athletic Association prohibits member schools’ student-athletes from using full equipment and participating in full-contact activities outside the high school football season. This is not a recent change; it’s been the MHSAA’s explicit policy for more than four decades.
And it’s a policy that has never been more in style and in favor than it is today.