Representative Governance
November 11, 2014
A man in a hot air balloon, realizing he was lost, lowered the balloon to shout to a fellow on the ground: “The wind’s blown me off course. Can you tell me where I am?”
The man on the ground replied, “Sure. You’re hovering about 90 feet over this wheat field.”
The balloonist yelled, “You must be an engineer.”
“I am,” the man replied. “How did you know?”
“Well, everything you told me is technically correct but of absolutely no use.”
The engineer retorted, “You’re an executive, right?”
“How did you know?” the balloonist responded.
“Well, you were drifting in no particular direction before you asked for my help, and you’re still lost; but now it’s my fault.”
In addition to making me chuckle, that story reminds me that the world is very likely a much richer place when it has both bird’s-eye and on-the-ground perspectives. It is certainly true that our understanding of issues and answers in school sport is better when both views are voiced.
This reasoning is the basis for inviting any representative of a member school to serve on the MHSAA’s governing body, the Representative Council. Unlike many other states, seats at the MHSAA’s table are not limited to superintendents or to principals.
Throughout most of the MHSAA’s history, there has been a nearly equal balance of superintendents, principals, athletic directors and others on the 19-member Representative Council. However, in recent years the balance has shifted decidedly toward athletic directors, as superintendents have become increasingly occupied with keeping school districts afloat financially and principals are increasingly consumed with demonstrating improving student test scores.
The MHSAA’s Constitution provides for an election system that assures good diversity of school size and location on the Representative Council. The Constitution also provides for an appointment process that is intended to improve gender and minority membership on the Council. That provision is also being used to recruit superintendents and principals back to our table. We need policymakers who see things with a wide angle view as much as we need policymakers who see the daily details of school sports up close.
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.