Fantasy Land

March 8, 2013

Advocating at the national level for unachievable ideals not only diminishes the importance of those achieving reasonable accomplishments at the grassroots level, it also threatens the future of organized sports for the masses; and few organizations in a position to know better are doing as much to create these unintended consequences as the National Athletic Trainers Association.

It is a NATA-driven “Youth Sports Safety Alliance” that has developed a six-page manifesto for youth sports, including NATA’s “Secondary School Student Athletes’ Bill of Rights” which is mostly beyond the means of youth sports sponsors, and has marched to Capitol Hill to urge the federal legislature’s action to pursue those goals, among which is the conveniently unstated objective of advancing job opportunities and security for athletic trainers themselves.

MHSAA surveys indicate that, conservatively, fewer than 20 percent of Michigan high schools and junior high/middle schools have a full-time certified athletic trainer on staff.  In fact, only a minority of schools think such a full-time position is necessary, given other cheaper options available to them in the form of contracted services of medical groups and the volunteered services of many other medical professionals.  An even smaller minority has the means to pay for a full-time certified athletic trainer, given all the cuts in state aid to schools; and many schools – urban, suburban, rural and remote – wonder where in their communities they would find a certified athletic trainer if such were mandated everywhere.

NATA’s earlier recommendations in the extreme for acclimatization of players at the start of the football season have already resulted in a state law in Maryland that football coaches there criticize for leading to a less safe sport now that they have less time to teach technique and prepare players for first-game contact.  In theory, NATA’s notions are nice ideas; but in practice, they are less safe for the participants.  And anything that is less safe for the participants not only endangers today’s players, it also jeopardizes the future of the game.  Which, by the way, does nothing to enhance employment opportunities for trainers.

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.