In Others’ Words

August 22, 2014

I’ve read and heard multiple times – so I’ve come to believe it’s at least partly true – that one of the techniques that marketing departments or agencies use when developing campaigns to promote a product or service is to look at it from the consumer’s, customer’s or client’s perspective.
The point is often brought home that if management would use this technique as much as marketers, then management would be more effective and would label itself, rather than marketers, as the “creative team.” It chafes me to hear a CEO say he or she wants to know what “creative” has to say about a sponsorship initiative before the CEO will offer an opinion.
Thinking about what our customers want doesn’t require that leaders suspend their personal beliefs or reverse experience-based opinions. It merely asks that we look at things from a different and sometimes even opposite point of view. And to be truly revealing, it asks that we try to put into words where other people stand on a particular topic.
It asks us to actually try to describe what our customers see from where they stand and what they say they want. For example, in our work, it would ask administrators to think about and actually describe what coaches want, and vice versa. And it asks both coaches and administrators to think about and put into their own words what student-athletes want, and what their parents want.

This has been an ongoing part of my life, provoked I suppose by my marriage of 42 years to a woman whose political views often point 180 degrees from my own. And this approach has been especially enlightening on school sports’ most troublesome topics, some of which we are tackling at this time, like ...

  • Out-of-season coaching rules
  • Junior high/middle school programming
  • Health and safety mandates

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.