It’s Not Where, But How
April 28, 2017
As happens from time to time, but too often, the urgent has crowded out the important for the Michigan High School Athletic Association this spring. For example ...
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A flooded soccer field at Michigan State University has forced relocation of the MHSAA Girls Soccer Finals in June.
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The extravagant demise of The Palace of Auburn Hills following the relocation of the Detroit Pistons to the new Little Caesars Arena in Detroit is forcing relocation of the 2018 MHSAA Individual Wrestling Finals.
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Lack of availability at MSU‘s Breslin Student Events Center on the dates of the three-day MHSAA Girls Basketball Semifinals and Finals in 2018 and boys championships in 2019 is forcing changes for those tournaments.
When, after countless hours of study and discussion, these and other venue changes are announced, they generate many media reports and considerable constituent comment – in fact, much more attention than two years ago when the MHSAA announced three actions that were unprecedented nationally to promote participant health and safety: mandated concussion reporting, free concussion care gap insurance, and two sideline concussion detection pilot programs.
Where MHSAA championships are staged is not inconsequential, but it is infinitely less important than how interscholastic athletic programs are conducted during practices and contests at the local level all season long.
When we are consumed with where we play, we divert valuable time and energy away from necessary attention to what we should be doing and how we should be doing it.
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.