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.
Football Scheduling
December 23, 2014
The major complaint about the MHSAA Football Playoffs is not that too few teams qualify or too many, or that a five-week playoff is too long or should become six weeks, or that some worthy teams miss out while some less worthy teams get in. No; most people find a five-week, 11-player tournament after a nine-game regular season is the best that our late start to fall classes and our early start to winter weather will allow us in Michigan.
Many people appreciate being able to complete our 14-week season in the warmth of Ford Field on the Friday and Saturday of Thanksgiving weekend. Most people think that nearly 45 percent of 11-player schools is a sufficient tournament field. Many people like the excitement that the six-win threshold creates for teams that had been eliminated earlier from league championships.
The most serious and legitimate complaint about the season-ending playoffs is the stress it has placed on conferences and the struggles many schools have in building nine-game regular-season schedules. Some critics want to mess with the Football Playoffs because of the mess they believe it makes for regular-season schedulers.
Having the MHSAA provide every school a nine-game regular season schedule of the most nearby teams of the most nearly equal enrollments would shift scheduling headaches from the local level to the MHSAA.
I’m not suggesting that this solution to local problems doesn’t create new, large headaches for the MHSAA. But in fact, that is the tradition of school sports: when an issue is large enough in scope and common enough among member schools, the state high school association is asked to be the problem-solver. That’s how we got transfer rules, defined sports seasons and competitive cheer tournaments, for example. Just about every policy and procedure and program of the MHSAA arises from a common local problem looking for a statewide solution.
The 2014 Update Meeting Opinion Poll indicates that 70 percent of responding administrators do not favor the solution of the MHSAA making all schools’ regular-season varsity football schedules. Maybe the question should be narrowed to having the MHSAA complete member schools’ non-conference scheduling.
Meanwhile, we will keep watching as high school associations in other states move to statewide scheduling. For if scheduling is the problem, then scheduling itself needs to be the focus of the solution.