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.
Counterpoint
February 13, 2018
There is a segment of those who are interested in public education who believe it is their privilege and responsibility to educate their children however and wherever they wish. Some parents believe they should be able to enroll their children anywhere, subsidized by taxpayers, and have immediate and full access to all the school’s programs and services.
This is a factor that helps to fuel transfers in school sports. But for every action, there is an equal and opposite reaction.
Watching on the sidelines and wringing their hands are the parents of those students who are displaced from positions and playing time on school sports teams by those who have dropped into their programs after moves from other schools ... moves necessitated not by changes in parents’ employment or other imperatives, but by parents’ changing attitudes about their local school sports team.
Transfer rules are designed in part to protect those who are not unhappy, who are not dissatisfied with a coach or playing time or the offensive system the team is using, or are willing to work through issues and learn from them. Transfer rules are designed for those who have put in their time within a program and are anticipating their opportunity to play.
Within every chorus singing “Let him or her play,” there are many others humming a different tune.