Our Drop in the Ocean

December 18, 2015

It has been difficult, recently, for us to get too worked up over the complaints submitted to this office about officials’ calls, coaches’ decisions, students’ ineligibilities and tournament times and venues. All of this seems petty in light of the terrorism in Paris and other places, and the worldwide refugee crisis as innocent people flee from atrocities in their homelands.

Try to imagine the pain in Paris and other places of recent mass execution. Try to imagine the horror that refugees have faced in their native countries and their ongoing agony in the camps that contain them for years while more “civilized” nations struggle politically and economically with decisions that define their humanity.

But now, as often before, we remind ourselves that the job we are paid to do requires our focused attention and best efforts as we try to make our small niche in the world of sports – our drop of water in the ocean of the world’s concerns – a little bit better each day.

And also now, as often before, we try to interpret how the worldwide human condition affects us and might be affected by us. Affects us, for example, with the need to improve tournament venue security. Is affected by us, for example, by delivering programs that help create in young athletes those qualities that will make them good citizens of their future world – adults who are respectful, tolerant and compassionate.

When I traveled in Northern Africa recently, I encountered immense admiration for the United States – what our hosts always referred to as “America.” People elsewhere look past the shallow or spiteful political rhetoric of our so-called leaders and candidates for leadership to see a disciplined freedom exercised by the citizens of our country that is still, in spite of our shortcomings, the world’s best hope for peace and prosperity.

This country is unique in the world. And school-sponsored sports exist in this country like no other place on earth. There just might be a connection. Which is why – even when the world’s problems seem too large for us to impact – by doing our best every day to deliver these programs, we actually may be performing a vital role.

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.