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.
Answering Seeding Questions
January 19, 2018
Seeding is a topic on the agenda of several Michigan High School Athletic Association sport committees. Last May, the Representative Council reiterated that its approach is to consider seeding on a sport-by-sport, level-by-level basis, depending on its committees and others to develop specific plans and to demonstrate wide support among schools of all sizes and types.
A recommendation by the Basketball Committee in December of 2016 to seed District and Regional basketball tournaments with one of the systems utilized by the NCAA for its men’s Division I tournament was not adopted by the Council last May, but MHSAA staff was requested to explore alternatives for seeding District level tournaments only.
Subsequently, MHSAA surveys have demonstrated significant support, especially in more populated areas, for an approach that separates on District basketball tournament brackets the top two teams of each District whose teams continue to be assigned on the basis of geography. We’ve found that historically strong programs tend to support this “simple seeding,” while middle-of-the-pack programs tend to see seeding as another obstacle to success and creating more distance between haves and have-nots.
MHSAA staff have demonstrated how similarly the results would have been if any one of the three systems had been used to perform this simple seeding of District basketball tournaments in 2017. In the vast majority of 2017 District tournaments, the team that actually won the tournament would have been the No. 1 seeded team in that District, demonstrating that simple seeding may be less about picking the winners than it is determining which two teams will play in the District championship games.
Many questions would have to be answered before any one of these systems could be adopted. However, even without answering any questions, in December 2017, the Basketball Committee recommended seeding for District tournaments as soon as possible.
At its January meeting, the MHSAA Classification Committee made a recommendation to the Representative Council that attempts to answer one of the questions. That committee agreed that if a plan is approved to separate the top two seeded teams in each geographically determined District of the Girls and Boys Basketball Tournaments, the system used should be completely controlled within the MHSAA office.
Of course, many other questions and logistical details need to be answered. Do we only use games versus member schools? What do we do with unreported scores? When is the data finalized? Should human input be added to the computer ratings? Do seeded teams automatically get a bye? How and when do we assign officials?
Answering such questions must come next.