Where are the Adults?

February 2, 2016

According to Jim Tucker, a certified financial planner and National Football League Players Association registered player financial advisor, writing for the Jan. 11-17 issue of Street & Smith’s Sports Business Journal: “... university presidents, trustees and athletic directors are failing at their job of upholding the ethical standards of their universities.” They exploit, rather than educate, the so-called “student-athlete.”

He asks the right questions: “Where are the adults at our colleges and universities? Where are the adults to say no to football games on a day other than Saturday? Where are the adults to say no to athletic conferences that crisscross the country? Or adults to say no to a 35-plus-game college basketball season with excessive travel and missed class time?”

Behind the glitz and glamor of major college athletics is a program without, it appears, any rudder but the pursuit of more revenue, and less and less relationship to the educational mission of the sponsoring institutions.

I wouldn’t care about this. Except that the best predictor of what may go wrong in school sports is a look at what already has gone awry in college sports.

Those who pressure school sports to copy the college or AAU model miss the lessons that are all around us. We do not have to make the same mistakes.

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.