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.
Internal Medicine
March 20, 2018
When I express concerns for the health of high school basketball, I’m not confusing our problems with the corruption of major college men’s basketball that is under investigation by the Federal Bureau of Investigation. Yes, there are some tentacles that reach us, and taint us; but the problems that plague us most are more basic and local.
The concerns I have for high school basketball are captured in scenes that play out much too often across the membership of the Michigan High School Athletic Association. For example:
- Declining participation, with JV and varsity rosters too small to practice 5-on-5 at either level.
-
Increasing forfeits.
-
Ugly mismatches, with scores so lopsided that it is hard to imagine much teaching or learning can occur.
-
Starters transferring; reserves dropping out.
-
Confrontations between parents and coaches.
-
Faculty coaches becoming a vanishing breed.
These kinds of concerns do not flow from the top down – we can’t blame these issues on the NCAA and NBA. No, our more persistent and perplexing problems percolate up from the youth level.
Often the students who come to our programs have participated in youth sports programs for five to 10 years before they join a school team. They arrive with expectations that often differ from what is intended for school-based programs. They’ve been in a different environment; they have different expectations.
And much of what is coming with youth sports begins to infect school sports.
There is no vaccination that will be 100 percent effective in immunizing us. There is no single solution that can quickly reverse these negative trends in school-based basketball and other school sports. The efforts must be systemic and long-term. And among the efforts that must be made are these
- More attention to coaches education – every coach, every year – where the ethics of educational athletics and the meaning of success in school sports provide the core of the curriculum; and
-
More attention to junior high/middle schools – more opportunities for 6th- through 8th-graders to sample school sports and to savor an experience that puts team before individual and learning ahead of winning.