Prevention Progression
June 28, 2015
The starting point for concussion care is prevention; and when we talk about prevention of concussions we must include education, equipment and enforcement.
Education is a shared responsibility of all who conduct and coach athletic programs; and the vital information about prevention, recognition, after-care and recovery needs to reach every player, their parents and all coaches.
Equipment is mainly the responsibility of those who make the protective gear and of those who make the rules specifications for that gear, but there are important responsibilities at more local levels. For example, to make sure what schools purchase and provide to players meets rules requirements, gets reconditioned as needed and fits properly. In football, for example, the fit of the helmet is much more important than its price ... fit at the start of the season and checked throughout the season.
As with education and equipment, enforcement is also a shared responsibility. In football it includes local enforcement of the 2014 football practice rules that have reduced collision practices; and in contests it means contest officials’ enforcement of the strongest set of safety rules in the game’s history.
In all sports, officials are to err on the side of safety; and when they do, the MHSAA will have their backs. Local school administrators and coaches should too.
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.