Collateral Damage
August 17, 2015
Whenever something unusually crazy happens at the college level that may adversely affect high school athletics, there are calls that the MHSAA do something to stop the stupidity. I can count on these requests whenever a Division I college program offers a scholarship to a pre-teen; and when it happened recently in Michigan, the MHSAA heard more complaints than ever.
What the critics do not appreciate is that the MHSAA has zero authority for NCAA recruiting rules and grant-in-aid policies. If we did, things might be much different. For example:
- There would be no recruitment in any form allowed before a student has completed 11th grade. There would be no offers or promises of scholarships prior to this date.
- Then, there would be no in-person recruitment allowed that does not occur at the student’s school and arranged through that school’s administration.
- When scholarships are offered, they would be for four or five years, irrevocable if the student maintains academic eligibility, whether or not the student plays a single minute.
All the commentary regarding the cesspool of college recruiting is wasted air or ink if it doesn’t focus on those who have the authority to change that environment. It’s the college coaches themselves, the administrators of those intercollegiate programs and the presidents of those institutions. Any corrective measures they suggest to high schools miss the point that they caused their problems and they alone can solve them. We are just collateral damage.
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.