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A Solutions Approach

July 13, 2015

I had not been to New Orleans since Hurricane Katrina devastated the city, and I expected to see much change since my several visits before the flooding. What I discovered when I attended national meetings there recently was little change ... including most of the same sights, sounds and smells of years before. I expected the same of the national meetings ... “same-ol’ same-ol’.”
It has become tradition that the executive directors of the 50 statewide high school athletic associations meet twice during the annual summer meeting of the National Federation of State High School Associations in sessions separate from all other delegates to that large convention. It has also been customary for me to leave those sessions depressed as problem was heaped upon problem by the directors, with little attention to solutions.
However, between the two sessions this year, a small group of the executive directors talked about strategies to redirect the conversation; and the result of the second session in New Orleans was to develop a strategy for identifying and prioritizing the most significant problems of school-based sports, and then identifying and prioritizing the resources and alliances currently available, as well as those that could be developed through cooperative effort and strategic partnerships, to attack the most pressing problems.
The expertise to solve such problems has been in our room for years. What has been lacking is the commitment to a process that could move us from a group accomplished in citing problems and suggesting reasons for them to a group accomplished in working together to solve the most significant problems.
So, the “Big Easy” is and may remain pretty much as it always has been. But maybe future meetings of the National Federation, wherever they may be, will be undergoing substantive change.

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.