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.
Beyond Fairness
April 11, 2017
One of the lessons I learned decades ago when I was employed at the National Federation of State High School Associations (NFHS) is that sometimes the playing rules are not fair.
The NFHS is the publisher of playing rules for most high school sports, and its rule books govern competition for most of the contests for most of the high schools in the U.S.
But the NFHS doesn’t publish the most fair rules. On purpose.
The rules for the high school level attempt to do much more than promote competitive equity, or a balance between offense and defense; they also attempt – without compromising participant health and safety – to simplify the administration of the game.
Unlike Major League Baseball, where umpires officiate full-time, and professional basketball, football and ice hockey where they officiate nearly full-time, the officials at the high school level are part-timers. They have other jobs. This is their avocation, not their vocation.
So the NFHS develops and publishes rules that minimize exceptions to the rules. In football, for example, there are fewer variables for determining the spot where penalties are enforced.
At the high school level, the rule makers intend that the rules be – for players, coaches and officials alike – quicker to learn, simpler to remember, and easier to apply during the heat of contests.