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.
No Shortcuts
November 28, 2017
Last Tuesday at the office building of the Michigan High School Athletic Association, 49 athletic directors gathered for training. All are first-year ADs, and 38 of them were attending their second training session at the MHSAA.
It was the fourth session for new athletic directors the MHSAA has hosted since late July. A total of 113 different first-year ADs attended.
That’s a typical number of new ADs. And we’re experiencing the typical problems with mistakes and oversights that turn into ineligibilities and forfeits that come not just from new ADs but also from more veteran ADs who have had many new duties added to their days, but with less time and help to do everything that needs to be done.
At one school, an overwhelmed AD resigned after his school’s football and soccer teams had both used ineligible players. The school posted the job opening to replace him with the salary set at 50 percent above the previous pay. It has learned that cutting the budget for sports administration can do a lot more harm than good.
Full-time, continuously trained athletic administrators are essential to the conduct of safe and successful interscholastic athletics. There are no shortcuts to success, and a competent leader who is hungry to keep learning about policies, procedures and best practices is the starting point.