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It’s a Blizzard

March 18, 2015

Like the good people in Boston and other eastern cities and towns who couldn’t find anywhere to put all the snow they were getting this past winter, those in charge of school sports can’t find anywhere to put all the advice and expertise pouring down on us. We are well beyond the tipping point between too little and too much information regarding concussions.

In one stack before me are different descriptions of concussion signs and symptoms. I could go with a list as short as five symptoms or as long as 15.

In a second stack before me are different sideline detection solutions – tests that take 20 seconds to more than 20 minutes, some that require annual preliminary testing and others that do not.

In a third stack are a variety of return-to-play or return-to-learn protocols, ranging from a half-dozen steps to more than twice that number.

When I read that the National Football League, with all of its resources, was “overwhelmed by all of the expert opinion right now,” I was not comforted.
We have to cut through the clutter and provide our constituents clear and concise recommendations for the efficient education of coaches, student-athletes, parents and others; for electronic sideline detection solutions that are not only quick and effective in assessing injuries but also provide immediate reports and permanent records of concussions; and for protocols that place return to play well behind return to practice and further behind return to learn.

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.