![](/sites/default/files/imported/DirectorSig2H.jpg)
On the Hook
March 12, 2013
The over-arching theme of interscholastic athletic administration today is the health and safety of our student participants. It’s always our most important concern but now, by both self-serving and serious advocates, it’s being made a political football – actually more like a soccer ball being kicked back and forth and back again, resulting in about as much chance of scoring any positive goals as a World Cup soccer game will have in scoring any goals at all.
We are daily being distracted, and taken off our tasks, by symbolic more than substantive proposals to require this, that or the other thing to protect children from the risk of injury – regardless of grassroots input and without regard to grassroots resources. Zealous advocates for child safety wish to protect children from any risk of physical exertion, while in the next breath they complain of youth inactivity and obesity. And those who are trying to increase participation AND the quality of that experience – that’s us – become the targets of criticism. Often, those who have never done anything, blame those who have done a lot, for not doing enough.
Our frustration is flowing from the health and safety “idea du jour” to which we must respond, knowing that every time we fail to gush over some legislator’s or advocate’s notion, we invite the characterization that we are uncaring, lazy or arrogant, or all of the above. What we are doing is protecting schools from ubiquitous, onerous mandates which no one else in the school community is taking notice of because, appropriately, they are focused on the impossible task of providing an ever-expanding list of required services to an ever-increasing percentage of school-aged children with an ever-increasing list of problems, with the expectation that all of them will perform at ever-improving levels of achievement.
But even with all these disclaimers, I can’t let us off the hook. There are some things we can do and must do to better meet our highest calling in educational athletics which, if we’ve lost sight of it in the confusing clutter of challenges, is not only to do no harm physically to students but also to help instill in them healthy habits for the rest of their lives. Consistent with this high calling, we have obligations to do some critically important things – sometimes in spite of outside interference and sometimes beyond that interference – and do so without delay. It is about those things that I have been commenting most these past few months, and will continue to address.
![](/sites/default/files/imported/DirectorSig2H.jpg)
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.