War Stories

May 25, 2012

I recently returned from a national meeting of my counterparts – an annual gathering where legal and legislative topics are on the agenda. With increasing frequency, the business aspects of the gatherings are sidetracked by “war stories,” as my colleagues relate the latest attacks on their organizations by media, legislators, lawyers, parents and others as these good leaders assist their member schools in regulating interscholastic athletics. 

It is well known that respect for authority figures and organizations of all kinds has been slipping for decades; and there are many reasons for it.  What has made the decline even more apparent is the Internet where people can communicate with more speed and less consequence than before.

It is well studied that appropriateness of tone and language diminishes as one moves from face-to-face meetings, to telephonic conversations, to traditional letters, to emails, texts and Twitter.

People will usually research topics and learn more about the complexities of an issue before meetings and use dialogue to come to consensus during conversations.  They will be more circumspect and contemplative in correspondence (which means, literally, an exchange of letters).  But they will not hesitate to make assertions and cast aspersions without any factual basis in brief, one-sided email or social media comments; which usually adds nothing but acrimony to the issue.

Perhaps by being the No. 1 user of social media among the nation’s state high school associations, the MHSAA has made the problem worse.  Perhaps by being the only state high school association executive director in the country to blog, I’ve also added to the problem.

Sports, after all, is not a subject that often suffers from too little communication.  Perhaps, at least sometimes, it suffers from too much quantity and too little quality.

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.