Logo

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.

Storm Surge

September 29, 2017

We have all been glued to our video devices for gruesome scenes from hurricane-ravaged portions of this hemisphere. In terms of scope and duration, the devastation is unlike anything any of us can remember so close to home; and it’s hard to say this ... including Hurricane Katrina in 2005.

Within a few weeks of destruction in Louisiana and Mississippi in 2005, the Michigan High School Athletic Association had established procedures for expediting the consideration of athletic eligibility of students who had evacuated uninhabitable areas and arrived in our communities without the usual records required to establish athletic eligibility in MHSAA member schools.

On Sept. 6 of this year, the MHSAA Executive Committee revisited the 2005 experience and set a course for making eligibility decisions for evacuees from Texas, Florida and other locations, should they arrive in Michigan communities. Key elements for making favorable eligibility decisions are:

  1. The student’s previous school has ceased to operate.

  2. The student’s previous residence is uninhabitable. Dwellings are presumed to have been uninhabitable for at least a brief time in specific zip codes to be designated.

  3. The student has been ordered to evacuate from his/her previous community.

  4. The student has relocated to Michigan in a permanent type of housing (not hotel) with his/her parents or only living parent and has enrolled at the public school serving that residence, the closest public school academy to the residence, or the closest nonpublic school to the new residence, pursuant to Interpretation 62.

Should Michigan schools receive a surge of storm victims this fall, we are prepared to act quickly on athletic eligibility.