The Problem with Exceptions
November 22, 2011
Picking up where my last blog left off, this posting presents two more of six lessons that experience has taught me during my enriching years with the MHSAA.
Lesson No. 2: Beware of bad precedent.
An exception today that doesn’t seem to matter much is almost certain to be recalled and used against you tomorrow when it really does matter. People have poor memories for most things, but they have long memories for exceptional things, like making an exception to a rule.
A corollary to this lesson is that “no good deed goes unpunished.”
Lesson No. 2 is closely related to Lesson No. 3: The path of least resistance usually is not.
Making an exception for a squeaky wheel will likely lead to more noise, not less.
One corollary to this lesson is that there will be more fallout when people believe you have ignored rules than when people believe you have been heartless in applying the rules as stated.
A second corollary to this is that following the rules is the safest harbor during stormy seas.
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.