Don’t Look Back
November 23, 2011
In August of 1986, at the end of the one week of overlap between the previous MHSAA executive director, Vern Norris, and the start of my tenure, I found an envelope on my desk from Mr. Norris that read: “No words of advice. Just make your decisions and don’t look back.” That’s Lesson No. 5 of six in this series of blogs.
In our work, time is of the essence. We don’t have the luxury of long deliberations. The next game may be today; the next round of the tournament tomorrow.
In our work, staff is limited. We don’t have subpoena power. We have few staff spread thinly over many responsibilities.
In our work, because it’s in a competitive arena, people are sometimes disingenuous. Some have personal agendas, impure motives sometimes. They care who wins and loses; we don’t.
And most people have miserable memories. I’m skeptical that people recall well the details of events; and people are even worse when recalling details of conversations.
So, in our work, we make one more call and then, with good intentions and reliance on rules, we get on with the decision and try not to look back.
It’s hard to do, but a good deal healthier if we can.
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.