The End is Near

December 10, 2013

From time to time we are confronted with print or broadcast media reports, or articles in scholarly publications, that criticize schools’ sponsorship of competitive athletic programs. Some authors have gone so far as to predict that the day is coming when schools are forced by the strength of intellectual argument or the shortage of resources to disassociate from competitive sports and to discharge that responsibility to local community groups and private clubs, as is the custom of most other nations.

For 50 years the “end is near” prophecy has been present among our critics. Today the prediction also can be overheard among cash-strapped school administrators, especially if they ascended to leadership without involvement in school sports.

It’s my sense that these dire predictions are not likely to come true for the reasons usually cited – e.g., that the programs dilute focus or divert funds of schools from their core mission. What is more likely is that these predictions will come true because those in charge ignore basic human needs and responses, and they fail to implement programs that meet those needs.

Our response should not be to lower sports’ profile in schools and offer less to students. It should be just the opposite. We should even more boldly proclaim the value of competitive athletic programs; we should provide more sports and levels of teams for high school students; and we should provide junior high/middle school students with more and longer contests, beginning at earlier ages.

We need to go on offense, as my next postings will prescribe.

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.