Logo

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.

Large Topics for the Lower Level

December 22, 2017

Editor's Note: This blog originally was posted May 21, 2013, and the topic continues to be of prime concern today.

Sometimes our meeting agendas give the impression that junior high/middle school programs are unimportant or an afterthought; but that was not the case during the MHSAA Representative Council meeting May 5 and 6, and it will not be the case at many meetings throughout the next 12 months at least.

Here are just two of the tough multi-faceted topics that the Representative Council has asked to be addressed at constituent meetings from now through next February and will be studied by the MHSAA Junior High/Middle School Committee, Classification Committee and many of the MHSAA’s separate sport committees:

  • Are current season limitations for contests and limitations on the lengths of contests appropriate for the junior high/middle school level? Do the current limits reflect the correct philosophy for sports at this level? Do they accommodate the four-season approach many schools encourage? Do the limits drive some students to non-school programs? Do they cause some schools to not join the MHSAA?

  • Should the MHSAA provide rules, programs and services for 6th-graders who, in nearly 80 percent of situations, are located in the same buildings with 7th and 8th-graders? Does the MHSAA’s lack of involvement encourage the same by schools, and allow non-school programs to fill the resulting void; and does this drive those students away from school-based sports permanently? Or would the MHSAA’s involvement at this level pressure school districts to add sixth grade programs and services at a time of dwindling resources for the 7-12 grade program?

    • to benefit both kids and their schools at the junior high/middle school level as at the high school. Our agendas for the

We have always maintained that there is at least as much potential for school-based sports next year will have that belief as its foundation as these tough topics get the time they deserve.