Resilience

November 8, 2011

Several seasons ago, University of Florida Men’s Basketball Coach Billy Donovan was asked what, after a necessary amount of player talent, is the key to a successful season.  Coach Donovan responded:  “Resiliency.”

Building on that, Harvey Gratsky, publisher of Association Convention and Facilities magazine, wrote:  “Resilience, flexibility, persistence and the wisdom to take lessons learned and apply them are all characteristics of successful people.”

Mr. Gratsky continued with broadened remarks:  “Resilient associations that dig deep and find ways to leverage the new normal have been rewarded.”  He added, these organizations show “a real sense of urgency to reinvigorate . . .”

This publisher was addressing associations and the convention business that depends on healthy, vibrant associations; but he could have been describing the MHSAA these past three years.  For even before the recession’s effects on associations generally, the MHSAA was dealing with a potentially lethal fee judgment in the sports seasons litigation.

But in what could have been our bleakest years, we’ve had our best.  We accelerated our learning and expanded our services.  Expenses went down and revenues went up, without increasing our basic tournament ticket prices.

We were resilient and felt urgency to reinvigorate our operations and programs; and we’ve been rewarded with the best three years in the organization’s financial history, poised now to serve our constituents in unprecedented ways.

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.