Valuable Victories

June 30, 2014

The 95th annual meeting of the National Federation of State High School Associations occurs June 28 to July 2 in Boston. I wonder if any speaker will say anything as profound as this statement by philosopher/psychologist William James during a lecture in Boston in 1906 (just months after the founding of the National Collegiate Athletic Association): 

“. . . the aim of a football team is not merely to get the ball to a certain goal (if that were so, they would simply get up on some dark night and place it there), but to get it there by a fixed machinery of conditions – the game’s rules and the opposing players.”

Competitive athletics is nothing without a set of rules that opponents must follow. All opponents. Even those with “helicopter parents” who try to provide a parachute to their child after a mistake. Even those who believe their money or connections should give them a free pass. Even for star players; even for substitutes. 

Without rules of eligibility and competition, and opponents playing by the very same rules, there is no validity in moving the ball to the goal. Without rules, there is no value in sinking the putt, making the basket, clearing the bar or crossing the finish line.

Without a regulatory scheme adhered to by all competitors, victory is hollow. Rules are a big part of what gives school sports meaning and value.

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.