We’ve Got This Right
March 1, 2013
This year's Super Bowl was an occasion for an unusual amount of commentary on the state of football safety, especially concussions.
One group called on state high school associations and football coaches associations to eliminate contact outside the defined interscholastic season. That would mean spring football practice, and during summer leagues and camps, and at all-star games.
Michigan is one of a large majority of states where schools do not allow spring football practice. Michigan is one of a minority of states where schools do not allow contact at summer camps, for which we are often criticized by out-of-state camp promoters. And Michigan is one of a smaller minority of states where schools prohibit students, coaches, officials and administrators from being involved in all-star games involving undergraduates.
While we are well ahead of the curve on out-of-season contact policies, we are in the mainstream of state high school associations studying what the appropriate limits should be on contact during early season football practice and throughout the remainder of the season. We have a task force that appears headed toward recommending that the Representative Council prescribe only one contact session per day during early season practice and only two contact practices per week after games begin.
There will be other ideas percolating and then simmering with these before any are proposed to the MHSAA Football Committee and Representative Council.
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.