Unjustified

December 11, 2015

The MHSAA has taken some unjustified criticism about the last-minute cancellation or relocation of several boys basketball games scheduled for the University of Detroit-Mercy earlier this week.

Unjustified because we would have liked the event to have been successful for our schools involved and a venue (Calihan Hall) we use often for MHSAA events.

Unjustified because the failure to follow interstate sanctioning rules was not our fault.

Unjustified because those who were in charge failed to respond to several outreaches well in advance of the event that were intended to inform or remind the organizers to seek and obtain proper approvals.

Unjustified because those approvals are a required part of the sanctioning policies and procedures of the national organization to which we belong, and which applied as much to the out-of-state schools as to our own.

Unjustified because critics now blame the problem on travel distance restrictions, which was not the issue at all. The travel was well within the generous limitations that exist.

What was at issue was the requirement that interstate events that are sponsored or co-sponsored by entities other than member schools must have the prior approval of each of the state high school associations involved, as well as the approval of the National Federation of State High School Associations (NFHS). This flows from the original purpose of the NFHS which was to bring accountability to interstate events at the high school level operated by colleges and commercial organizations.

We expect our schools to follow established rules of their state association, and we try to model that expectation by following the rules that apply to the MHSAA within its national organization.

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.