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.
Tough Love
October 9, 2015
A young Korean woman has lived with my wife and me for two years and will for two years longer. Grace is a graduate of the international school in China where our son and his wife were her teachers; and since living with us, she has graduated from Lansing Community College and moved on to Michigan State University.
Having this student in our home and a son and daughter-in-law as educators in China, living with my wife who once was in charge of refugee resettlement for a large agency in mid-Michigan, and my serving for seven years as president of the board of the Refugee Development Center in Lansing, makes me understanding of and sympathetic to international students.
However, I expect that is not the reputation I enjoy among those who work for student exchange organizations and even among some in our schools who work with the increasing number of international students who are enrolling in Michigan’s secondary schools. They probably view me as an advocate for more restrictive transfer rules for international students, especially regarding F-1 visa students and nonpublic schools.
Guilty as charged. Indeed, I do advocate for higher standards for exchange programs, more vigorous oversight of student placements and more equal application of rules, regardless of the type of visa the student has or the type of school in which that student enrolls.
It is because I see great value in our interaction with people from other nations that I want to assure international student exchanges remain popular in our schools. Nothing jeopardizes the future of international student exchange more than sloppy or shady placements of international students, including last-minute dumping of students by agencies, athletic-related direct placements by agents, and school districts loading up on international students as backfill for declining local enrollments.
As some youth escape brutal hardship in war-torn or impoverished countries and more well-off foreign students stampede to the U.S. to attend U.S. secondary schools, colleges and universities, it will require high doses of tough love. If problems related to athletics increase, so will the chances that all international students will lose all opportunities to participate in varsity level sports in this state.