Undue Hardship
January 20, 2017
When appeals are made to the Executive Committee of the Michigan High School Athletic Association to advance the eligibility of a student for school sports, the argument is often made that application of the rule creates a hardship for a student who is not permitted to participate in competitive school sports.
Across the country when issues like these move beyond the appeals processes of state high school associations to courts of law, judges will sometimes opine that the student will suffer an undue hardship if he or she cannot play for a season, school year or career.
Given what is happening in our world, it always strikes me as absurd that anyone would allege or any court of law would rule that not being able to participate immediately or even at all in school sports is an undue hardship. There is hardship in the world, but sitting out school sports shouldn't appear on a list of hundreds of hardships being endured around the globe.
Consider, as I do regularly in one of my chief activities apart from my daily occupation, the hardships that are being endured by those who are fleeing a growing list of war-torn countries, by those who have been confined to refugee camps for many years, even by those who are fortunate enough to be resettled from those camps to far-away countries with different languages and customs.
These are real hardships that should embarrass those who suggest that sitting out school sports for a single contest or an entire career is a hardship. And the heroes are not those who challenge athletic eligibility rules but those who are being resettled in new nations, accepting work that is beneath their skills and experiences, and raising families who want nothing more than for their families to live in peace and security.
The First Time
April 3, 2018
I remember as clearly as if it were yesterday the first time I had to determine a student was not eligible under rules of the Michigan High School Athletic Association.
At that singular moment, it did not matter that I had been able to advise a dozen previous callers that the students they were inquiring about were eligible under the rules. All I could see in my mind’s eye was this one student who would not be able to participate as a full-fledged member of a team in a sport he enjoyed.
I assumed, as I have in almost every case since, that this was a “good kid,” and one who needed sports more than sports needed him.
But the facts made him ineligible and there were no compelling reasons to look beyond the facts. I knew it would be hard on the student to miss a season, but I also knew this was not in any sense an “undue hardship.” I could see that if the rule was not enforced in this case, I would be undermining its enforcement in other cases, and effectively changing the rule.
And I recognized that I did not have the authority to change a rule which the MHSAA Representative Council and each member school’s board of education had adopted to bring consistency and control to competitive athletics.
Many years have passed, and I’ve had to consider the eligibility of countless students to represent their schools on athletic teams. But I still see each situation as an individual student, balancing his or her individual needs and desires against the need to protect the integrity of the rules and the desire to promote competitive equity within the program.