What We Do

August 16, 2012

It is not infrequent that suggestions are made that the MHSAA do something it is not presently doing, the something being a project or problem that conforms to the special interest of the one making the suggestion. That person will usually be incredulous when we respond that the project or problem is beyond the authority of the MHSAA or beyond the capacity of the MHSAA’s resources. The criticism is at least implied that if the MHSAA really cared about kids, it would do this thing that is important to the critic.

So, how does the MHSAA decide what it will do?

  • The first criterion is to determine if the subject matter is a school district-wide concern or is sport-specific. If the former – like sexual harassment sensitivity training – then it is school districts’ responsibility to provide the service for all their faculty, including athletic personnel.  If the subject matter is sport-specific – like weight control in wrestling – then the MHSAA should consider the possibility that it is the organization uniquely positioned to assist by providing leadership and support services to its membership in this narrow area of athletic-related concern.
  • The second criterion is to determine if there are any other agencies, institutions or organizations better positioned or more capable to provide the service.  For example, the American Red Cross is already in place with programs and personnel to provide first aid, CPR and sports safety training to athletic personnel throughout Michigan.  So even though it is sports-related, it might create wasteful duplication for the MHSAA to start doing what the American Red Cross is fully capable of, prepared to do and already doing.

  • The third criterion for determining what the MHSAA will do is to ascertain what its member schools want the association to help with. Schools have asked for assistance in establishing a minimum rule for the eligibility of transfer students; therefore, the MHSAA has promulgated such a standard for local adoption.  But school districts have not asked for assistance in establishing rules regarding eligibility after tobacco and alcohol use or after allegations or convictions for crimes or misdemeanors; therefore, no MHSAA minimum standards exist.

The MHSAA provides services in the sports sub-set of issues with which schools must deal, and only after the MHSAA membership identifies the need and the MHSAA leadership prioritizes all of the identified needs and provides the resources necessary to address the needs of highest priority.

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.