Not the Critic

February 22, 2014

It is predictable; and it’s petty, not profound. Almost without exception, when a rule is enforced in one situation, the MHSAA will be criticized for not pursuing a similar penalty in other cases.

Of course, the critic is apt to draw parallels where they don’t exist. The critic is likely to assume facts that are not correct, and likely to call for the MHSAA to apply rules that the critic misunderstands, and to assess penalties that are in no one’s authority to impose. The critic can be unbothered by truth, accuracy and accountability. We cannot.

To be honest, MHSAA staff members have often been frustrated that the rules as they are written have no way to stop a particular transfer, or that people will not give testimony to enable a finding of undue influence. The reality is that rules cannot be written to stop everything bad without interfering with very much that is not bad.

And it is equally true that many people who have condemning information do not have the courage to share that information. And that some school administrators are too busy to get involved in such messiness. And that other school administrators are only too happy to have a malcontent athlete or parent move to another school.

Even at risk of irritating member school colleagues, the MHSAA ignores no allegations of violations by its member schools, their personnel or their students, even though we know that very many will be without merit – sometimes an innocent misunderstanding, other times a personal vendetta. And we know there may be just as many situations going unnoticed by or unreported to MHSAA staff.

And we also know that even when we do our job and we get it right – which is almost all the time – we may still be criticized by those who either have a personal agenda or do not have all the facts.

What is also true but unknown to the critic is the frequency with which MHSAA staff works proactively with schools to avoid problems, and how often MHSAA staff works privately with schools which self-report and quickly penalize their own constituents. A high percentage of violations have little publicity because we are intentional in efforts to keep a low profile for the unsavory side of educational athletics, and to keep the spotlight on the achievements of young people.

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.