One More Call

November 23, 2011

This blog continues with lessons learned on my highly motivating but sometimes hot seat at the MHSAA.  It’s Lesson No. 4:  Make one more call.

Not 100 percent of the time, but well over 50 percent of the time, if I had made one more call before making or communicating a tough decision, either the decision would have been different or, more often, the decision would have been received better.

Obviously there are limits to this. There always could be one more call.  But it has become a “Roberts Rule of Order” anyway to make one more call. For I can trace an inordinate percentage of wrong decisions, or bad reactions to correct decisions, to not making one more call.

More often than not on difficult decisions, I work in tandem with other MHSAA staff and especially Associate Director Tom Rashid who now routinely makes that one more call. It has improved both our decisions and communications.

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.