The Rules We Use
February 9, 2016
The MHSAA Handbook of 90 years ago consisted of merely 21 pages, a diminutive 3½ x 6 inches in size.
The proposals for just the changes in the Handbook for 2016-17 require almost as many words as the entire Handbook of 1925-26.
The Handbook has grown to 130 full-sized, 8½ x 11-inch pages not just because we serve more sports and students than 90 years ago. It also grows because life is much more complicated. Society, schools and sports have much broader concerns today.
Every policy described in the current Handbook got there as a response to people wanting more rules or recommendations – sometimes to treat students better and other times to promote competitive equity, both of which are worthy objectives and should continue to be the rationale for proposals.
Occasionally I hear my colleagues in other states say we need to modernize our rules, to be sure we are not trying to apply 20th century rules to 21st century problems. I don’t disagree with that populist refrain.
However, before any rule is removed, those in charge must ask and answer: “How will school sports look without this rule? Will the problem this rule was created to solve return if we remove the rule? Will doing so create even worse problems?”
Rarely has the adoption of a new rule by our organization been a mistake. I cannot say the same for the removal of rules.
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.