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.
A 7’ Tall Tuba Player
October 11, 2016
In countless school and community gatherings all across Michigan, and in more printed pieces than I can remember, I have advocated for students to attempt to sample all of the diverse activities that a comprehensive high school has to offer ... both athletic and non-athletic activities. It is this variety that highlighted my own school experience and enriched that of my two sons.
Because of my outspoken advocacy for speech and debate and music and drama, I have been asked why I do not advocate that the Michigan High School Athletic Association serve and support those activities in the way it does sports.
The first and foremost reason is that those school programs are already well served by existing organizations in Michigan. But more fundamentally, I resist expansion of MHSAA authority to those activities because it would undermine the essential eligibility rules we must have for competitive athletic programs. I have seen this pressure in other states, but sports has regulatory needs that speech and debate and music and drama do not.
While the profile of some of these programs in some of our member schools is as high as any sports program in those schools, the competitive pressures are still different. No one is recruiting tuba players from one school to another. Debaters are not often subject to undue influence. Meanwhile, sports programs are under intense pressures that lead to athletic-motivated and athletic-related transfers, undue influence and other unsavory behaviors.
As I recently explained this rationale to my colleagues in neighboring states, all but one of which is an athletics-only organization like the MHSAA, one of my counterparts chipped in: "Well, we did once have a tuba player be recruited by and transfer to another school in our state. But he was seven feet tall and, in addition to playing in the band, he was the basketball team's highest scorer and most prolific rebounder."