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.
Transfer Rule Rationale
March 6, 2018
It is certain that the Michigan High School Athletic Association transfer rule is imperfect. However, whatever imperfections exist are effectively remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee’s opinion, the rule fails to serve any purpose for which it is intended or, in its sole discretion, the Executive Committee determines that application of the rule creates an undue hardship on the student.
In a typical year, the Executive Committee will receive approximately 290 requests to waive the transfer regulation, approving approximately 60 percent of those requests.
The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 2, 2017:
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The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.
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The rule tends to prevent students from "jumping" from one school to another.
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The rule prevents the "bumping" of students who have previously gained eligibility in a school system by persons coming from outside the school system.
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The rule tends to prevent interscholastic athletic recruiting.
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The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.
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The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and teamwork expectation fulfillment.
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The rule is designed to discourage parents from "school shopping" for athletic purposes.
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The rule is consistent with educational philosophy of going to school for academics first and athletics second.
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It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).
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It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
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It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.