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.

Five Fewer Volleyball Days?

December 12, 2017

When 90 percent of one of our key constituent groups has the same opinion, it’s worth talking about – even if the topic is a sacred cow.

This fall, 89.6 percent of 580 survey respondents told the Michigan High School Athletic Association they favor a week earlier end to the girls volleyball season.

Even more – 91.7 percent – favor starting practice two days earlier in August, the same day practice starts for football.

More than 98 percent of those respondents were local athletic directors, and each class (A, B, C and D) was almost equally represented.

If girls volleyball ended a week earlier, it would always conclude before the start of firearm deer hunting season and have a weekend largely to itself, in contrast to the current calendar that sees the Girls Volleyball Finals competing with the Girls Swimming & Diving Finals, the 8-Player Football Finals and 16 Semifinal games in the 11-Player Football Tournament. It’s a weekend of 100 audio and video broadcast hours, among the MHSAA’s very busiest weekends of the entire school year.

The MHSAA’s Girls Volleyball Tournament is the latest finishing high school association Girls Volleyball Tournament in the country, sharing that distinction with nine other states. Compared to our neighbors, the tournament in Michigan ends a week later than the Girls Volleyball Tournament ends in Illinois and Ohio, and two weeks later than the same tournament ends in Indiana and Wisconsin. Michigan’s girls volleyball season is currently one day shorter than in Ohio but four days longer than in Indiana, eight days longer than in Illinois, and 12 days longer than in Wisconsin.

Whether or not girls or boys basketball seasons eventually move up or back or flip-flop, the start and end of girls volleyball season are ripe for review, according to a large portion of local-level administrators. The opposite position is taken by the Michigan Interscholastic Volleyball Coaches Association, which has countered the online survey with a position paper that points out how much the girls volleyball season was shortened after girls volleyball moved from the winter season to the fall.

The Representative Council’s recent decision to switch the starting dates for girls and boys basketball seasons in the 2018-19 school year diminishes the urgency to decide between these different points of view.