A Map for Getting Lost
April 21, 2014
“It’s just another step in the wrong direction.”
That’s the brief response I’ve been giving to the frequent questions I’m receiving from people wanting to hear my opinion about unionizing college athletes.
When I’m pressed to elaborate, I provide these antecedents:
- Establishing the “athletic scholarship” – allowing athlete performance or potential to replace financial need as the basis for grants in aid.
- Removing intercollegiate coaches from the requirement that they be tenure track faculty members of the university.
- Removing the budget for the intercollegiate athletic department from the overall budget of the university.
- Splitting NCAA governance into divisions so that the more educationally-based programs of the smaller colleges could no longer keep the larger, educational-lost intercollegiate programs in check.
Certainly it has been the escalating and then exploding revenues of broadcast media that helped to ignite, or inflame the impact of, these developments over the past 50+ years.
Treating intercollegiate athletes as employees is a natural but still misguided next step on this road in the wrong direction. It provides a map to where interscholastic sports must not go.
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.