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.

Sold Out

December 13, 2016

We are sometimes criticized for limiting the scope of school sports – for restricting long-distance travel and prohibiting national tournaments; but there is no question that we are doing the correct thing by protecting school sports from the excesses and abuses that characterize major college sports.

Across the spectrum of intercollegiate athletics, but especially in Division I football and basketball, there exists an insatiable “keep-up-with-the-Joneses” appetite.

Universities are building increasingly extravagant facilities. They are sending their “students” into increasingly expansive scheduling. But it’s never enough.

There is always another university somewhere building a bigger stadium, a fancier press box or more palatial dressing rooms, practice facilities and coaches quarters.

So-called “students” are sent across the US and beyond to play on any day at any time in order to generate revenue to keep feeding the beast.

The Big Ten knows it’s wrong, admits it, but schedules football games on Friday nights to attract larger rights fees from television.

Feeling used or abused, some of the athletes of Northwestern and then at the University of Wisconsin, talk of creating a union to protect themselves from the obvious, rampant exploitation.

And then occasionally, some college coaches dare to suggest that high schools are wrong to have regulations that reject the road that colleges have traveled, a road that has distanced athletics very far from academics in intercollegiate sports.

The intercollegiate model is not and must not be the interscholastic model. We who are sold out for educational athletics have nothing good to learn from those who have sold out for broadcast revenue.