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.
Grabbing Game-Changers
October 6, 2017
The Michigan High School Athletic Association has not been standing still while the athletic transfer situation has devolved into an eyesore for educational athletics.
Twenty years ago (1997), the association adopted a rule that extended from one semester to 180 scheduled school days the period of ineligibility in all sports for a student whose primary reason for changing schools is alleged and confirmed to be athletics.
In 2014, dissatisfied with the infrequency of that rule’s use and the difficulties it created between schools, the association adopted the “links” rule – the athletic-related transfer rule. This extended ineligibility from one semester to 180 scheduled school days in a particular sport when a non-school experience in that sport links the student to the school team to which he or she is transferring.
The newer rule has been easier to use. It doesn’t require that an allegation be made by the administration of the school from which the student is transferring. It has been less likely to pit one school against another, but more likely to pit parents against the MHSAA.
The new rule has been best used as a deterrent before a student transfers ... a warning. But the rule is of no use if one of the 15 exceptions that provides for immediate eligibility applies – for example, if there was a full and complete change of residence.
That is a gap that gnaws at those who want to nab the “game changers” – those transfers who add to the status of one team while dashing the dreams of another.