Rush to Ridicule
February 5, 2016
Last month the statewide high school athletic association of a neighboring state sent to its member schools a reminder of its sportsmanship standards. From almost all media reports you would have thought the association did a terrible thing.
In fact, the athletic association did nothing wrong – nothing that it and similar organizations have not done many times before to point people away from declining standards of sportsmanship prevalent in other programs and point people toward behavior that is more appropriate for an educational setting – i.e., in programs sponsored and conducted by educational institutions.
Then one of that athletic association’s schools did an unsurprising thing – and what dozens of schools, perhaps hundreds of schools, have done many times before. It distributed the athletic association’s message to its students and coaches.
Where this good work went bad was an isolated incident where one student-athlete at one school posted a profane reaction on social media, criticizing the message; and the student’s school suspended the student from a few contests.
That’s the story. But it’s been mangled by most professional and social media which have rushed mindlessly to ridicule the athletic association.
The association was not wrong to promote positive cheering sections and mutual respect during athletic events. And the association is taking an amazingly high (sportsmanlike?) road to say that it will use this media fiasco as an opportunity to review its sportsmanship guidelines.
We have proven in this state through our Battle of the Fans, a contest conceived by our Student Advisory Council, that cheering sections can be larger and louder by encouraging positive behavior; fun that is also respectful. We prohibit no specific cheers, but we promote positive cheers and the schools where that is the norm.
In a society where standards of all kinds appear to be slipping, this is praiseworthy work.
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.