Show of Hands
July 12, 2017
Four dozen years ago, my boss, the executive director of the National Federation of State High School Associations, expressed to me his disappointment that one of the characteristics of NFHS national meetings was the much too frequent “show of hands.” That is, someone from one state would rise to ask for a show of hands on a topic: “How many states do this? ... How many states don’t? ... How many do that?”
My mentor’s point was that the time would be much better spent on a qualitative analysis of the topic, rather than a quantitative one ... a discussion of the merits of a particular policy or procedure, rather than a head count.
His message to me is recalled every time a proposal comes to the Michigan High School Athletic Association to change this or that policy and is accompanied by the meager rationale that it’s what 25 or 35 or 45 other states might do. That stat holds only mild interest for me.
Before we do anything here to be like anybody elsewhere, we need to measure the pros and cons in our place and time ... how it fits our culture or our climate, for example.
When we consider change in the start or end of seasons; or the number of interscholastic scrimmages or contests in a day, week or season; or the number of exceptions to the transfer rule or the length of ineligibility when no exception applies; or the number of classes or divisions for tournaments; or the existence or extent of seeding for a tournament; when we consider any of these things in Michigan, we need much better rationale than a show of hands.
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.