Data is Due

December 4, 2015

Allow me to wander way outside my expertise for a moment … to quantum physics. I believe this is the discipline where it is said that “something doesn’t exist until it is described and measured.”

This statement embodies one of the reasons the MHSAA has mandated that, beginning this school year, member schools must report all possible head injuries in the practices and events of school sports. We want to get at least a general description and approximate measurement of our story here as we listen to the nationwide narrative about health and safety in school sports.

Early returns – that is, preliminary numbers for fall sports – are being presented to the MHSAA Representative Council today. A public release will follow before the end of the year. A more complete report – based on fall, winter and spring sports – will be provided after the conclusion of the 2015-16 school year. And in the future, year-to-year comparisons of the numbers will provide a more meaningful story.

The MHSAA is also gathering data from two pilot programs that are intended to increase attention on sideline concussion detection and recordkeeping, and also from the concussion care insurance the MHSAA has purchased for all participants in all MHSAA member junior high/middle schools and high schools beginning this school year.

Data from all three initiatives may help those who make the equipment and prepare the rules of play in the ongoing campaign to make our good school sports programs even better.

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.