The MHSAA Model
December 30, 2015
At the conclusion of every school sports season – fall, winter and spring – I sign stacks of checks to MHSAA member schools for their hosting of or participation in MHSAA season-ending tournaments. Some are very small checks, some are very large amounts, and none is quite enough.
Each time I perform this task, I am reminded how differently school sports operates in Michigan compared to non-school sports.
Unlike most non-school organizations, the MHSAA does not require teams to pay membership dues.
Unlike most non-school organizations, the MHSAA does not require entry fees to its postseason tournaments.
Unlike most non-school organizations, we try to reimburse tournament hosts and participating teams for at least a portion of their necessary tournament expenses.
Parents may shell out hundreds and even thousands of dollars for their children to join non-school teams and to enter non-school events; but that’s not the MHSAA model.
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.