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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.

Seeking Serious Solutions

April 13, 2018

Too much time is being spent on season-ending tournaments, and too little time on the regular season, and practice, and making sports heathier, and promoting student engagement, and the role of sports in schools.

There are exceptions, of course.

  • The Michigan High School Athletic Association Soccer Committee is a rarity, expressing that there may be too much competition and not enough practice and rest in school-based soccer.

  • The MHSAA Competitive Cheer Committee is constantly looking for the right balance of athleticism and safety – a blend that will challenge the best and grow the sport among the rest.

  • The MHSAA Junior High/Middle School Committee is tackling large, tough topics and beginning to make culture-changing proposals to carry the brand of school sports to younger students.

These are examples of the conversations of which all school-based sports leaders must have much more.

Because our standing committees have often failed us and spent too much time on matters of too little consequence, the MHSAA has often resorted to special task forces or work groups to help get necessary things done.

  • This is how Michigan got ahead of the curve on the length of football practices and the amount of contact. A task force was appointed when the football coaches association and the MHSAA Football Committee were ineffective.

  • Years ago, it wasn’t a standing committee but a work group that brought us the eligibility advancement provision for overage 8th-graders.

  • That’s how cooperative programs came to our state.

  • That’s how we got coaches education started, and it’s how we extended coaches education to apply to more coaches on more topics.

  • This is how we are making progress now – a Task Force on Multi-Sport Participation, and a Work Group on the Transfer Rule.

We need more of this – small groups diving deeply into topics over multiple meetings. Educational athletics has significant problems that require serious solutions, and new strategies for seeking those solutions.