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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.

5 Questions for 8-Player Football

April 10, 2017

The 2017 8-Player Football Playoffs will be conducted over four weeks in two divisions of 16 teams each for the 60-plus teams sponsored by Michigan High School Athletic Association Class D schools.

That much was decided by the MHSAA Representative Council on March 24.

There are five questions (at least) that the Council still must answer:

  1. How should teams qualify? Since the first 8-player tournament in 2011, teams have qualified by playoff point averages – the 16 highest qualified for the tournament. Should this be changed to a system of automatic qualifiers on the basis of wins, plus additional qualifiers on the basis of playoff points to complete the field – like the 11-player tournament operates?

  2. When should divisions be determined? Should it be in late March when division breaks for other “equal divisions” tournaments are set? Or should divisions be determined nearer the start of the season – say, September 1 – so all late additions, deletions, and cooperative program changes can be factored in before the two divisions, based on enrollment, are determined?

  3. Where will the championship games be played? Should the Council designate a doubleheader at the Superior Dome in Marquette so the MHSAA can focus all its resources on one climate-controlled facility? Or should two sites be designated now (perhaps the Superior Dome in Marquette and Legacy Field in Greenville), and the specific games and times assigned as the playoffs progress in an attempt to reduce travel times for teams and spectators?

  4. Should the maximum enrollment for the 8-player tournament be the moving target of the Class D maximum (203 in 2017) or a fixed number – for example, 215, the Class D maximum in 2011 when the 8-player tournament began? This decision could be deferred to the Council’s meeting in December.

  5. Should there be a “grace period” for schools that are eligible for the 8-player tournament one year but have enrollments that exceed the 8-player limit the next year – for example, eligible only the following year and only if the enrollment does not exceed the 8-player enrollment limit by more than 12 students? This decision could also be delayed to the December meeting of the Council.

As our excitement builds for the expanded 8-player tournament, so do the questions.