Official Treatment

March 7, 2014

A book I quoted in this space three times last November – How: Why HOW We Do Anything Means Everything by Dov Seidman – has me thinking about sports officiating.

One premise of the book is that the Internet era has made the world so transparent and connected that there is no such thing anymore as “private” behavior or a “minor” mistake. Everything can become a public matter – instantly. Anything can become a major problem – overnight. Worldwide.

So, when our local real estate agent, who officiates junior varsity basketball, misses a call that an invested spectator captures with his or her smart phone camera, and sends to his or her relatives and a local media outlet that night, there is no limit to where that video could appear by the next morning.

And while major college and professional officials may now receive four-figure fees to work under those conditions, officials at the junior high/middle school and high school levels – sometimes working for little more than gas money - wonder if it’s worth the hassle. 

There are many obstacles to recruiting and retaining officials for school sports, including poor business practices by assigners and bad sportsmanship by coaches and spectators; but a significant factor not to be overlooked is the adverse potential of immediate worldwide criticism for a call that had to be made in the blink of an eye.

The human factor of sports is now subject to inhuman expectations. In an enterprise that strives for fairness, it appears that it’s the official who is being treated least fairly.

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.