How Much is Too Much?
April 26, 2013
Everybody acknowledges it’s a different world today, that school sports are not the only game in town anymore. Many people also recognize that well-intentioned rules to curb excesses and abuses in school sports not only do that, but also tend to drive student-athletes to non-school coaches and programs.
Every other year or two for the past dozen years or more there has been a tweaking of rules – nothing radical – addressing what can occur out of season between school coaches and their student-athletes.
We’ve been slow to change, worrying that if we go too far too fast, we might change too much of what shouldn’t change and never be able to change it back.
This is a difficult and defining topic we must keep before us. How much activity we allow out of season, or don’t allow, affects the nature of educational athletics in Michigan. Both our actions to date, as well as our inactions, have already shaped our scene, for better or worse; and both will continue to do so.
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.