Shortcomings
April 1, 2014
A student was badly hurt in an Ice Hockey Regional Tournament game last season. A split second after dropping the puck to a teammate, and still looking in that direction, this player received the shoulder of an opposing player just seconds after coming on the ice as a legal substitute. The hit did not appear to target the head, nor seem excessively aggressive; but it was delivered to an unsuspecting and exposed player.
No penalty was called; but when the veteran and highly rated official saw video of the play, he didn’t hesitate to say, “I missed it. A penalty should have been called.”
There were other shortcomings in the delivery of this tournament experience that we regret, including that the game was managed in more partisan fashion than the MHSAA prescribes and that the on-call ambulance was slow to arrive on scene.
Within the leadership of the schools involved there has been a sense of understanding that there can be injuries in sports, especially collision sports; and that sometimes they occur on legal plays and sometimes occur during illegal plays that were not penalized.
In these circumstances, the MHSAA does not seek the punishments that a few incensed adults call for. Rather than looking backward at retribution, the MHSAA’s legal role and moral responsibility requires a more forward look toward remedies.
For example:
- How can we use this excellent official’s “no-call” as a teachable moment for other officials on a subject that is already a point of special emphasis in the NFHS Ice Hockey Rules?
- How can we use this situation as a teachable moment in preparation of coaches and players?
- How can we use this situation to improve the environment at this and all other Ice Hockey Tournament venues?
We know with certainty that both the content and the delivery of our online and face-to-face communications for 2014-15 will be affected by this very uncommon and unacceptable experience.
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.