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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.

Membership Renewal

May 23, 2017

Unlike classroom courses of our schools, the interscholastic athletic program requires opponents; and to help promote a level playing field for competition, the interscholastic athletic program requires some organization to provide a forum to assist in developing competitive standards and to help assure they are maintained. For many years, many schools have worked through the Michigan High School Athletic Association to establish a common set of rules, for the orderly administration of an interscholastic athletic program, which promotes academic integrity and competitive equity. 

According to Michigan Attorney General Opinion #4795 of 1977, any local board of education that desires to do so may voluntarily join the MHSAA by adopting the rules of the association and agreeing to enforce those rules with respect to its schools. Institutional control remains the key to this organization.

MHSAA membership is free of charge, and there is no entry fee to participate in MHSAA tournaments. But while MHSAA membership is free of costs, it’s not free of responsibilities. The expectations of member schools include:

  • Educating student-athletes, staff and other involved personnel about MHSAA rules and procedures.

  • Monitoring compliance year-around.

  • Investigating possible violations and reporting findings.

  • Administering penalties.      

Each school district that agrees to these responsibilities must say so by means of an annual board of education resolution. The resolutions have just been mailed to all superintendents for the 2017-18 school year.

Each school district that wishes one or more schools to participate in MHSAA tournaments and benefit from MHSAA services must schedule on its board of education agenda the adoption of the MHSAA Membership Resolution. The Resolution should be signed in sufficient time to prevent a lapse in membership (before August 1). A lapse in membership, even though for only a week, can create unnecessary problems should there be claims under the $1,000,000 accident medical insurance plan or the concussion care gap insurance or if eligibility rulings are to be made during that period.