Counting Concussions

December 9, 2016

Member high schools of the Michigan High School Athletic Association are in the second year of required reporting of concussions that occur during practices and contests in all levels of all sports served by the MHSAA. In year one there were 4,452 confirmed concussions reported. Less than two percent of almost 300,000 participants sustained a concussion, about half of which caused the student to be withheld from activity for between five and 15 days.

Not surprisingly, approximately half of the confirmed concussions were reported by Class A schools, which typically sponsor more sports and have larger squads than smaller schools. Class B schools provided almost 30 percent of the reports; Class C schools nearly 15 percent; and Class D schools less than six percent.

As we transition from fall to winter season, we can begin to make comparisons between years one and two of the mandated reporting. At this point, schools are reporting 1.6 percent fewer concussions this year than last.

This is surprising, because sideline personnel of member high schools have become more alert to the signs and symptoms of concussions. We anticipated that this would lead to more concussions being reported.

It is possible that these early stats are a sign of real progress in reducing head injuries in school sports. And, grabbing our attention most from the early reports is that 11-player football is reporting 3.9 percent fewer concussions as of Nov. 30, 2016 compared to the same week in 2015; and boys soccer is reporting 10.9 percent fewer than on the same date last year.

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.