The Definition
July 25, 2017
This question was posed to me by a colleague last fall: “How does your state association define education-based athletics and activities?”
My response was as follows:
“Defining and defending educational athletics is one of the MHSAA’s four focus topics of 2016-17. We are striving to encourage and equip our core constituency to ‘blow their own horns’ about the values of school sports, the benefits of multi-sport participation and the meaning of success in educational athletics.
“To us, educational athletics is school-sponsored and student-centered, where the concern is for the whole child. It is local and inexpensive for both participants and spectators. It is amateur. It is inclusive, with as much potential to provide physical, mental and emotional lessons at the junior high/middle school level as the high school level, and in subvarsity programs as varsity programs, and in low profile sports as high profile sports.
“The programs are extracurricular: after the school day is when they should usually occur, and they are after academics in importance. They support the academic mission of schools.
“Educational athletics is not a right but a privilege available to students who meet the standards of eligibility and conduct established by the sponsoring school.”
I hope you agree.
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.