Shared Responsibility
March 26, 2013
My counterpart in Georgia has a nice way with words, and recently used that talent to add his perspective to topics like those we’ve been addressing here in Michigan. In the March 2013 Georgia High School Association newsletter, under the title “All of Us Must ‘Pay the Price’ for Student-Athlete Wellness,” GHSA Executive Director Ralph Swearingin writes:
“In ‘History and Philosophy of Education’ courses many of us learned that an early concept in the American educational system involved the school operating ‘in loco parentis’ – in the place of the parent. During those early days, that concept was applied to the authority of school personnel to regulate the behavior of students. Over time, however, the application of that concept to school discipline has diminished.
“It is interesting to note that school personnel are called upon to fulfill parental roles in ways that were not prevalent in the past. Over time there has been an evolution of responsibilities placed on the educational system to provide services that used to be provided by the family. One such area involves the responsibility to be the ‘health and safety guardians’ of our students. Debates about whether it is the school’s responsibility are non-productive. This responsibility has been thrust upon member schools and state association staff members, and it is doubtful that this trend is reversible . . .
“The very nature of athletics makes it impossible to guarantee the safety of every student in every sport. The goal is to minimize the risk to these students with prudent preparation and vigilant supervision. While the American culture may be thrusting this responsibility on the school personnel, there are productive ways to send some of that responsibility back to the students and their families.
“. . . Students and their families need to be informed about all of these issues. Preseason meetings with players and parents or guardians should involve the dissemination of information about relevant health and safety considerations . . .
“But education of players and their families is not enough. Coaches must be certain to teach techniques that minimize risks, and to be certain that all equipment used in the sport are in good repair and are being used properly. School personnel need to be certain that published guidelines and protocols are being followed. Doing these things involves the expenditure of time and money, but the well-being of our students dictates that we ‘pay the price.’ ”
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.