Seal of Approval

February 12, 2016

“Sanction” is an interesting word. Sometimes it is used in a negative way, as in penalties, like the U.S. trade embargoes recently lifted on Iran and Cuba. Other times, to sanction something is to endorse it or at least approve its existence.

It is in this second, more positive sense that school sports uses the word “sanction” with respect to athletic events. And with respect to interstate meets and contests, the MHSAA adheres to the Sanctioning Bylaws of the national organization to which it belongs, the National Federation of State High School Associations (NFHS).

Without getting into the policies and procedures, here is what the NFHS says about the philosophy of sanctioning interstate athletic events:

Interscholastic programs should serve educational goals. To this end, schools have an obligation to conduct certain threshold inquiries about events in which their students may participate. On occasion, additional inquiries and oversight may be appropriate at the conference, district, state or national levels. In order to perform their “inquiry and oversight” functions fairly and efficiently, decision-makers at various levels have developed sanctioning procedures. The specific purposes served by event-sanctioning procedures include the following:

1) Sanctioning enhances the likelihood that events will adhere to sound and detailed criteria which meet the specific requirements of a school or a group of schools based upon experience and tradition.

2) Sanctioning serves to promote sound regulation of the conditions under which students and teams may compete.

3) Sanctioning is a means of encouraging well-managed competition.

4) Sanctioning adds an element of “due diligence” that encourages compliance with state association rules and regulations.

5) Sanctioning protects the welfare of student-athletes.

6) Sanctioning protects the existing programs sponsored by member schools and thereby promotes the opportunity for larger numbers of student-athletes to gain the benefits of interscholastic competition.

7) Sanctioning helps reduce the abuses of excessive competition.

8) Sanctioning promotes uniformity in obtaining approval for events.

9) Sanctioning helps protect students from exploitation.

Interstate event sanctioning at the NFHS level promotes financial transparency and equivalency of treatment of participating high schools. NFHS sanctioning forms are available on the NFHS website (www.nfhs.org).

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.