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.
When Seasons Matter
April 6, 2018
There are people who want to fuss with Michigan High School Athletic Association tournament structures because, they say, they “want the regular season to mean something.” We need to guard against that thinking and such talk.
In school sports done right, the regular season always means something, even for a team which loses every game.
In school sports done right, practice means even more, because coaches and athletes interact in practice far more than games.
People who want to provide tournament postseason perks to teams which win more games than others are likely to reward the wrong things, like the teams that gathered transfers from other schools.
They are likely to miss the right things, like the teams that started slowly but improved over a truly meaningful season of practices and contests.
They are likely to miss the fact that some teams lost key players due to ineligibility or injury or gained them late in a season and where, in either case, team records are not a meaningful measure of the season.
Let’s not be fooled. Let’s not be trapped in the mindset of sport models that are more about business than education.
Gerrymandering postseason tournaments does more to undermine the integrity of the postseason than honor the regular season.