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.
Broadening the Scope
September 8, 2017
There are two categories of projects that deserve most of our attention in school sports, no matter where or on what level we work. They are important either because they deal with chronic problems or because they address core principles.
Among many, the chronic problems include declining numbers of registered officials and increasing numbers of athletic transfers, as well as football scheduling. It is mostly because these are persistent problems for many at the local level that they have become priorities for MHSAA management’s time and attention.
Addressing chronic problems can often feel like walking a treadmill. We can work up a sweat, but get nowhere. Arrive at no new and better place. But the effort is important and may keep things from getting worse. Which is why many hours are being spent on these three chronic problems this year: officials, transfers and scheduling.
Of potentially greater value and lasting impact are the projects most directly addressing core principles of educational athletics, such as sportsmanship, health and safety and the scope of our programs. Backsliding on these topics can be most damaging to school-sponsored sports, and the damage – or missed opportunity – can have devastating future effects.
So, while we deal with the chronic issues of the day, we are devoting ourselves daily to more effective sportsmanship resources, even more enhancements for promoting participant health and safety, and increasing the scope of school sports in ways that are consistent with the core values of educational athletics.
School sports does not need longer seasons and travel. It does not need more games and hype. In these ways, the scope of school sports is just fine ... consistent with the objectives of the sponsoring organizations – schools – which is to educate young people. Academics before athletics.
Where school sports must consider a larger scope is in who the programs are serving. There is both need and opportunity to reach younger students and provide more service and support to junior high/middle school sports – the feeder system of educational athletics.
There is both need and opportunity to reach students with athletic interests outside the 14 MHSAA tournament sports the MHSAA provides girls and the 14 for boys. Many thousands more students want to participate in other sports – the sports of their passion – under their school’s banner and in MHSAA tournaments. There may also be both need and opportunity to involve more students with disabilities in school-sponsored sports programs.
The scope is just fine for the sports we sponsor. Broadening the scope of whom we serve is a core principle project that deserves our attention.