Upon Further Review
November 6, 2015
Michigan was among the first dozen statewide high school associations in the U.S. to reduce the amount of contact during football practices. Since Michigan acted prior to the 2014 football season, the National Federation of State High School Associations has adopted recommendations, and all remaining state high school associations have adopted new restrictions.
The task force that acted early in Michigan to make the proposals that were supported by this state’s football coaches association and the MHSAA Representative Council wanted policies that could be clearly understood and easily enforced. The task force concluded that counting minutes of contact during a practice or a week was not the best approach.
Who would track the minutes for each and every player? Does the minute of contact count for a player who is only observing and not actually participating in the contact drill or scrimmage?
In limiting Michigan teams and players to one collision practice a day prior to the first game and two collision practices per week the rest of the season, the task force recommendation avoided the need to have coaches and administrators track and record the minutes of each and every player on each and every team each and every day and to determine what types of activities and what degree of involvement counted against 30- or 60- or 90-minute maximums.
It is anticipated that the MHSAA Football Committee will review in early 2016 what other states have done since the MHSAA acted in early 2014, but it is not assumed that changes are needed to existing practice policies. Further review may confirm earlier judgments about policies that are both protective of players and practical for coaches and administrators.
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.