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.
Anticipating Collateral Damage
March 23, 2018
When major college sports sneezes, high school sports usually catches a cold.
Throughout history, the National Collegiate Athletic Association has made changes in response to problems in college sports that have resulted in harm to high school sports.
Who can argue that relieving college coaches from the burden of being members of the instructional faculty did anything but weaken the connection between intercollegiate athletics and the educational mission of the sponsoring institutions? That major college football and men’s basketball coaches are the highest paid employees at many universities demonstrates the disconnection.
Who can argue that the creation of athletic grants in aid – scholarships – did anything but raise the pressures on college programs to win and to recruit hard at the high school level? Who can argue that this process got any more upright and above board when NCAA rules were changed to push most of the recruiting process to non-school venues and corporate concerns?
Who is surprised now that the corruption has moved beyond the NCAA’s ability to control and has resulted in investigations by the Federal Bureau of Investigations and indictments followed by player ineligibilities and coach firings?
The worry now is that the NCAA and the National Basketball Association will strike again. Aiming to solve their problems, they likely will add to ours.