The Usual Suspects

December 30, 2016

It is difficult to find a year when the 11-player Football Finals of the Michigan High School Athletic Association involved more teams from southeast Michigan than appeared at Ford Field in 2016. In fact, just two counties (Oakland and Wayne) produced seven finalists. But then two counties on Michigan’s west side (Kent and Muskegon) supplied four of the 16 finalists.

Four of Michigan’s 83 counties producing 11 of 16 finalists in the 11-player championship games doesn’t’ feel like a statewide event; but one team from the Upper Peninsula, another from the Leelanau Peninsula in the northwest portion of the Lower Peninsula, and a team located along the Michigan/Ohio border remind us how large and diverse our state really is.

The 2016 MHSAA 11-player Football Finals consisted of many of the “usual suspects,” including two teams pursuing their fourth straight titles and one team seeking its third consecutive championship. Four of the eight 11-player champions from 2015 returned in the attempt to defend their titles in 2016, and two of the runners-up in 2015 were back to try to reverse their fortunes from 12 months earlier.

What is being demonstrated here in Michigan high school football is the trend seen in many other states. That is, as the number of classes or divisions of tournaments expands, the more often you see the same teams in the final rounds.

The surest way to have the “usual suspects” on championship day is to put them in tournaments with fewer schools. And of all MHSAA tournaments, the football playoffs have the most divisions with the fewest schools in each. The result is predictable.

This is a cautionary tale for those who desire that the number of classifications and divisions be expanded in MHSAA tournaments for other sports.

Meanwhile, we are keeping an eye on the tournament format in a neighboring state that places schools into divisions for larger schools after they are too successful over consecutive years in the classification that fits their enrollment. Those in Michigan who have been assigned to review such policies have complained that such “success factors” penalize future students because of the achievements of previous students and/or because such factors do nothing about “chronic success” by schools in the largest classification.

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.