People Serving People
September 14, 2012
It is at this time each year, especially, that I’m made more aware of the harm and heartache that exists in our students’ homes, if they are lucky enough to have a home.
Every day our staff receives dozens of calls about the terrible circumstances children are in because of dysfunctional home life, medical issues or myriad other upsetting situations; and every day MHSAA Associate Director Tom Rashid is preparing for Executive Committee consideration more requests from schools to waive eligibility rules for their students whose circumstances do not fit a transfer exception or are not compliant with other regulations.
During the 2011-12 school year there were 506 requests for waiver submitted to the Executive Committee, compared to 462 the year before. The record is 524 in 2007-08.
By far, there are more requests to waive the transfer regulation than any other: 352 in 2011-12 compared to 320 the year before. The record is 372 in 2007-08.
There are so many requests for waiver today that the Executive Committee exceeds the MHSAA Constitution that requires a minimum of three meetings each year. The Executive Committee has scheduled 12 meetings during each year for the past half dozen years.
And the Executive Committee front loads the calendar, this year with three meetings over five weeks at the start of the school year (Aug. 8, Aug. 28 and Sept. 11) so that the large number of situations that arise at the beginning of the new school year can be addressed before too much of fall season competition has occurred.
Last school year the MHSAA Executive Committee approved 352 of the 506 requests for waiver, including 265 of the 352 requests to waive the transfer regulation. The five-member committee of school administrators serves without monetary compensation, but with a commitment to treat schools and students as fairly and consistently as humanly possible. They are compassionate, caring people making difficult decisions.
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.