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.

Attending to Football

November 29, 2013

The interscholastic football season comes to an end this weekend with the MHSAA Finals at Ford Field, but the most talked about sport in high schools today will continue to make headlines for many months into the future.

Some of the headlines will introduce topics that are merely footnotes compared to what is really most important, that being the efforts to keep school-sponsored football the safest and sanest brand of football in America.

At the center of these efforts has been a task force appointed by the MHSAA to work throughout 2013 to advance these two objectives:  “To promote the value of interscholastic football and to probe for ways to make the sport safer in Michigan.”

The tangible results of the task force’s four meetings are these:

    • A proposal to the MHSAA Representative Council to revise football practice policies to improve acclimatization of players and to reduce head trauma. The proposal goes to the Representative Council Dec. 6 for discussion, then to the Michigan High School Football Coaches Association and MHSAA Football Committee in January and to the MHSAA League/Conference meeting in February, before returning to the Representative Council for action on March 22.
    • Three proposals to the NFHS Football Rules Committee to modify playing rules to promote player safety.

    • A variety of print, online and broadcast promotions on behalf of the value of interscholastic football and its safety record and to encourage healthier out-of-season activities by students in all sports.

MHSAA research informs us that participation in 11- or 8-player football in member high schools this fall was down 3.0 percent compared to 2012, and down 7.63 percent since the 2008 season. The biggest reasons cited by those surveyed are, in declining order, safety issues, declining enrollment, athletes playing other school or non-school sports, cultural changes and pay-to-participate.

It is important to note that participation is not declining everywhere, not even everywhere where enrollments are down and participation fees are up. It is important to note also that some other sports are in much greater decline than football in terms of high school participation.

It is difficult for me to imagine my life without football as a part of it. It’s difficult to imagine schools and communities without football. I very much doubt that the absence of football would have improved my life or the schools and communities I’ve been a part of. It’s a sport that needs our attention, not its extinction.