The “Extra” Ingredient

December 20, 2016

Every meeting agenda of the Michigan High School Athletic Association Representative Council opens with the “Ten Basic Beliefs for Interscholastic Athletics in Michigan.” Here’s No. 1:

Interscholastic athletics were begun outside the school day and curriculum and remain there as voluntary, extracurricular programs in which qualifying students earn the privilege of participation.

There are those who prefer to substitute “co-curricular” for “extracurricular.” Their hearts are in the right place. They mean well; but they’re wrong.

Competitive interscholastic athletic programs can be educational without being part of the school’s curriculum. If sponsored by schools and conducted by schools, these programs must be a positive, educational experience. But these programs are outside the academic curriculum, and almost always outside the classroom day; and no student has the right to participate in these programs. It’s a privilege students earn by meeting standards of eligibility and conduct; and often these students have to compete to earn a spot on the team and playing time in contests.

Interscholastic athletic programs are important after-school activities that enrich the lives of participants. No student has the right to participate in these programs, but we are right to fight for the presentation of broad and deep interscholastic athletic programs in our schools.

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.