Predictable Problems

April 9, 2012

A completely predictable theme of this year is that as schools continue to cut support for school sports, they bring more controversy to school sports.

It is impossible to avoid serious problems running a comprehensive interscholastic athletic program involving many participants, lots of spectators, great emotion and some risk of injury, without dedicating competent full-time staff to its supervision.

Two emerging trends since schools have trimmed support for interscholastic athletics are . . .

  1. more mistakes are being made (not because of more deception but because of more distractions – too little time on task); and

  2. more of the oversights are being discovered later in the season.  So late, in fact, that MHSAA tournament brackets are left empty. We had a team claim a Boys District Basketball Tournament trophy one week without playing the District championship game.  The next week another team received a Boys Regional Basketball Tournament trophy without playing the title game. In each case, the opposing team had advanced with an ineligible player, and had to withdraw.

If we reduce time on task, if we minimize training and support, we invite mistakes and oversights, which invites forfeits and injuries, which incites controversy in the school and community.

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.