Different Treatment
February 25, 2014
But educators who have been conducting interscholastic programs in every state across the country have determined that “one size doesn’t fit all.” One single rule, with no exceptions, doesn’t work. It’s either too lenient in some cases or it’s too limiting in others.
So every state high school association has developed a general policy – that students who are new to a school are not immediately eligible for interscholastic athletics; and every state high school association in the country has made exceptions to that general rule for certain students and modified the period of ineligibility for other students.
Different treatment for different students is inherent in every state association’s transfer rule. Different treatment is not only reasonable; it’s inescapable.
It is not unfair to treat some students differently than others. Very often it’s the only way to promote and protect fairness in school-sponsored sports.
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.