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Future Actions

February 19, 2016

MHSAA committees have prepared not quite two dozen recommendations for Representative Council action later this spring. Once again this is a smaller than average number of proposals, and again they are modest in scope and significance. What has been different in recent years, and especially this year, is the length and depth of discussions by some of the committees.

Slowly, we are changing committee focus from tournament tweaks and other strictly transactional business to more strategic, even transformational issues.

Several committees talked longer than ever about health and safety issues, with attention to concussion and sports specialization, and how to accommodate and appeal to younger grade levels (6th, 7th and 8th).

I look forward to the day when these long discussions turn into provocative proposals. For example, I would love to hear that ...

  • The MHSAA Football and Junior High/Middle School Committees recommend MHSAA sponsorship of flag football at the 6th- through 8th-grade levels.

  • The MHSAA Soccer and Junior High/Middle School Committees recommend practice and game policies that reduce heading at the 6th- through 8th-grade levels.

  • The MHSAA Golf Committee recommends MHSAA sponsorship of coed, Ryder Cup format golf.

  • The MHSAA Tennis Committee recommends MHSAA sponsorship of coed team tennis.

There is so much more we could be doing to transform school sports for the 21st Century. New sports and formats, with increased attention to health and safety and the junior high/middle school level. This is our future, when talk turns to action.

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.