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.

Scheduling Controversy

November 14, 2017

A dozen years ago, I asked our counterpart organizations in other states if they scheduled their schools’ regular-season varsity football games. Very few did so.

More recently, I’ve realized that I didn’t ask enough questions. It turns out that few statewide high school associations tell schools who they play each week of the regular season. However, many more give schools the group of opponents they may schedule. They place schools in leagues and/or districts and/or regions and instruct schools to schedule from among those schools only or predominantly.

I have been waiting for the tipping point where a sufficient number of high schools in Michigan are sufficiently stressed over scheduling football games that they would turn to the MHSAA to solve the problem.

I’m anticipating this might occur first among schools playing 8-player football, and that success there will lead to our assistance for 11-player schools.

One approach – the simpler solution – would work like this:

  • All 8-player schools within the enrollment limit for the 8-player tournament would be placed in two divisions on the basis of enrollment in early March. About 32 schools in each, based on current participation.

  • At the same time, each division would be divided into four regions of about eight schools.

  • In April, the schools of each region would convene to schedule seven regular season games for each school.

  • Based on current numbers, schools would still have two open weeks to fill, if they wish, for games with schools in other regions or of the other division or in neighboring states.

A second option – the date-specific solution – would provide every school its weekly schedule for all nine dates, or weeks 1 through 8, or weeks 2 through 8, depending on local preferences. This would not be difficult in concept once there is agreement on what criteria would be used and what value each criterion would have.

For example, one important criterion would be similarity of enrollment; another of great value would be proximity. Perhaps league affiliation would be a factor with some value. Perhaps historic rivalries would be another factor with a value. Then the computer spits out schedules for each school for every week for two years, home and away.

I don’t campaign for this task because, frankly, it will produce complaints and controversy. But if this organization exists to serve, then this is a service that today’s chronic complaints tell us we should begin to provide soon.

I suggest we do this for 8-player football for the 2019 and 2020 seasons (with a paper trial run for 2018). If it proves successful, we could expand the service to 11-player schools as soon after as they are satisfied with our efforts for 8-player schools.