Time for Tough Topics
February 28, 2014
The daily deluge of calls and emails about issues that matter that day tempt us to take our eye off other issues that matter today, tomorrow and for many years. Good service requires that we respond promptly and pleasantly to the daily details, but good leadership requires that we give adequate attention to matters more fundamental to the mission of school-sponsored sports, and more critical to the future of educational athletics.
No matter how many times we’re contacted about today’s programs and problems, we must create our own time to dive deeply into the core philosophies and cornerstone policies of voluntary competitive interscholastic athletics.
We have attempted to do this with the “Four Thrusts for Four Years” campaign to address health and safety issues, especially but far from exclusively focusing on increased acclimatization and decreased head-to-head contact in football practices. The practice proposals of the 2013 Football Task Force – developed over a series of meetings by serious people, appear to have widespread support and should receive an affirmative vote by the Representative Council next month.
Similarly, we have appointed a task force to work throughout 2014 on junior high/middle school issues. Theirs is the difficult challenge of locating the sweet spot – the policies that protect the multi-sport experience in a learning environment for our younger students while still providing more competition, and for younger grades, to attract and hold the interest of junior high/middle school students and their parents who are seeking much more competition much earlier in life than the MHSAA’s current policies allow.
Out-of-season contact by high school coaches with their high school students is another of the topics that is often discussed and occasionally studied, and the rules governing out-of-season coaching are frequently tweaked. The result is a mammoth section of the Handbook that is difficult to read and follow, and invites widespread disrespect. MHSAA staff is conducting a series of two-hour sessions to try to reframe the discussion and present to the membership by next fall a new (and briefer) set of rules and interpretations. The goal will be to respect both the guiding principles of educational athletics as well as society’s changes since the current rules were first developed.
That’s the goal for all of this these tough, timeless topics.
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.