Straight Talk on Head Trauma

May 6, 2013

Bill Heinz is the handsome square-jawed, plain-speaking medical orthopedist from Maine who chairs the Sports Medicine Advisory Committee of the National Federation of State High school Associations.  Here, in my words, is what Dr. Heinz had to say about concussions last month in Indianapolis in a ballroom full of staff members and attorneys for statewide athletic associations from across the United States.

About Prevention –

  • No equipment can prevent concussions in any sport.  What can reduce such head trauma is to diminish the frequency and severity of contact to the head.

  • In football, that requires officials’ strict enforcement of current rules, coaches’ teaching of blocking and tackling consistent with those rules, and rules makers’ continuing search for ways to reduce the frequency of the game’s most dangerous situations.

About Aftercare –

  • No pharmaceutical remedy exists for concussions.  The remedy is time.  Only complete rest – from both academic and athletic activity – begins the recovery process; and then return to such activity must be gradual, and under the care of trained health care professionals.

That has been and will continue to be our message to our constituents in Michigan.

(Click here for our recent communication reinforcing the state laws that take effect in Michigan on June 30, 2013.)

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.