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.
Thinking of Don Quixote
October 10, 2017
The athletic transfer problem is not confined to high schools alone. Recently, the National Collegiate Athletic Association has had a work group studying the NCAA transfer rule for Division I institutions.
The problem has been of particular concern in Division I men’s basketball where more than 20 percent of scholarship players changed schools between last season and this.
The work group appeared to have narrowed its study to two options: Make every transfer student ineligible for one year; OR, Allow every transfer student immediate eligibility. And the second option seemed to have had the early momentum.
But last Wednesday, the work group announced that the proposal to grant immediate eligibility to transfer students who meet certain academic standards will not advance during the current NCAA legislative cycle. Two days later the report was corrected: there's still a chance for change by 2018-19.
Major college conference commissioners and NCAA leadership have surveyed the landscape. They see athletes arriving on their college campuses from an environment where, if they weren’t happy with a team, they changed teams.
Apparently, the non-school, travel team attitude is bigger than the NCAA may want to battle.
Yet here we are, thinking of how to wage war on athletic transfers in high schools.