Suspicious Solutions

January 17, 2017

Fifty-two weeks ago yesterday I had hip replacement surgery on my right side. My recovery was so speedy that most people outside the offices of the Michigan High School Athletic Association never noticed, and I was back to my normal activities and workouts very quickly.

But gradually during late summer and then dramatically in early November, my body reacted. It has been giving me pain from hip to foot on my left side, a limp I can’t disguise, and a metaphor for this message.

It appears that correcting one thing adversely affected another thing; and the second problem is much more painful than the first one was.

So-called solutions often have unintended consequences, worse than the original problem. For example:

  • Every expansion of the MHSAA Football Playoffs has had an effect opposite of what was intended. Each has added additional stress on local scheduling and league affiliations; and each expansion has increased the likelihood of repeat champions.
  • Seeding MHSAA Basketball Tournaments, seen by some people as a solution so that the best teams will square off later in the tournament trail, will have those same consequences – stress on scheduling and leagues, and more repeat champions.

  • Relaxing requirements for cooperative programs once seemed like a good thing, but now it is more frequent that schools take the easy route – sending their students off to play on another school’s team – rather than doing the hard thing – providing and promoting the sport themselves. The former provides far fewer participation opportunities than the latter – the opposite of the intended purpose for cooperative programs.

  • Charter schools and School of Choice policies were supposed to force schools to improve through competition, but this “solution” devastated neighborhood schools. These policies didn’t “empower” parents, they created estrangement between schools and communities.

I could go on. The point is, my limp is a reminder to be on the lookout for the new problems inherent in so-called solutions.

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.