Loss of Innocence

May 30, 2014

Last school year we were criticized for not looking before we leapt to the conclusion that some international transfer students at several schools were not eligible, and for ruling them ineligible for the then maximum allowable period of one calendar year.

In several cases – both school employees and others – told us that the students weren’t good basketball players, notwithstanding that it was people with interests in basketball who brought the students to our state, and that those people and others with basketball interests lobbied hard on the students’ behalf.

It turned out, almost without exception, those who appealed most ardently for the eligibility of an international transfer student actually had the least appealing cases. 

In the case of one student, we discovered an online video made a year earlier, taped while the student was still abroad, touting his height and demonstrating his basketball ability. Not about basketball, you say?

In another case where “basketball was not the issue,” a student later committed to play basketball for an NCAA Division I basketball program in 2014-15. He went from “mediocre” to the Mid-American Conference without ever playing his senior season of high school?

We were criticized during 2013-14 for being too suspicious, but the results of 2013-14 will make us even more suspicious in 2014-15.

Fortunately, the MHSAA will have a more complete set of tools to address transfer students this fall than it has had at any time in its history; and after what has been happening in recent years, people seem ready – even impatient – for the MHSAA to be enabled to move with more might when students – either international or domestic – transfer for athletic reasons.

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.