Standards Promote Value

October 29, 2012

I can’t speak for every state, but it is probably true for most states, that (1) no school is required to provide a program of interscholastic activities – such are not curricular activities; and (2) participation in voluntary interscholastic competitive activities is a privilege offered to those who meet standards of eligibility and conduct of the school and standards of ability for the activity involved.

It is not a liability but an asset of competitive interscholastic activities that they are not co-curricular, but extracurricular – voluntary programs with extra standards, extra requirements, extra expectations.

We don’t need to sell the public on the value of participation; they desperately want their children to participate, and they will even sue us for the opportunity.  What we have to do is sell the public on the value of the standards we maintain for participation.

Much of the value of school activities results from the standards of school activities.  Many of the benefits of school activities accrue from the requirements of school activities.  Raise the bar, raise the value.  Lower the bar, lower the value.

Activities are much less capable of doing good things for kids and good things for schools and their communities where there are lower standards of eligibility and conduct.  It’s the difference between interscholastic and intramural, between tough and easy.  It is because schools have raised the bar for interscholastic activities that these programs have value to students, schools and communities.

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.