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The Imperative of Institutional Control

March 13, 2018

Of the various criticisms about the MHSAA’s handling of transfers, these three have the ring of some validity:

  • The Transfer Rule is too complicated.

  • The Transfer Rule is poorly understood at the local level, and thus unevenly administered.

  • The MHSAA office is ill-equipped to police the transfer scene.

The language of the Transfer Rule has expanded from a few sentences to many pages over its 90-year lifetime. This is the result of changes in schools, sports and society, as well as people operating at the edges of the rule, which has led to a rule that has attempted to cover more circumstances with more specificity year after year.

This increasingly nuanced rule takes both training and time. The MHSAA does an excellent job of providing training online and in person, but local administrators are not putting in the time – they can’t! They are usually less experienced but given more non-sports duties than athletic directors of 10, 15 and 20 years ago; and they are leaving the profession after shorter careers. They often lack the training and time to do the complicated and potentially contentious tasks, including Transfer Rule administration.

Overwhelmed local athletic directors are not shy about contacting the MHSAA office for assistance in interpreting and applying the Transfer Rule. These incoming questions dominate the time of MHSAA staff who have many other duties, including the administration of MHSAA tournaments in 14 sports for each gender.

Lacking sufficient staff time and subpoena power, the MHSAA must depend on local school administrators to police their own programs, communicate with their neighbors, and report what they believe might be violations within their own and nearby programs.

While we keep working on the language of the Transfer Rule, we harbor no illusions that it will become simpler to understand and enforce. That’s just not how the modern world works ... everything becomes more complicated. Which may only make it more unlikely that schools will dedicate the time and talent necessary to assure that the principle of “institutional control” is practiced by MHSAA member schools.

However, if we give up on that principle, no amount of oversight by the MHSAA office will ever be enough to police school sports in Michigan ... not just to monitor transfers, but also to attend to the dozens of other elements that distinguish educational athletics.

No Easy Fix

February 13, 2015

“If we don’t fix this problem, even our friends and allies may turn against us.”
That was the dire warning one of the MHSAA staff members gave to the rest of us at a weekly staff meeting recently, during which this staff member was receiving emails from people appalled over the mid-season transfer of a basketball player from one school to another.
The “fix” that some people want is a rule that makes every transfer student ineligible for a full year, regardless of the reason for the change of schools or the circumstances of the student. Of course, that rule would never survive judicial scrutiny, and legislators in every corner of the state would be advocating change for the sake of one child or another.
A more moderate remedy is to utilize a rule that applies the full-year period of ineligibility to those students whose circumstances do not fit one of the already established 15 exceptions that make a student eligible without delay following a transfer. That half-measure would not stop many transfers that would still frustrate people, and it would snag many transfers that would continue to anger people.
The rules we already have in place are tools for schools to use to stop many of the transfers that frustrate without snaring those transfers that anger: the athletic-motivated transfer rule and especially the athletic-related transfer rule (or links law).
Before our friends and allies turn their backs on us, they need to turn in the transfer situations where the rules already apply, and the undue influence (recruiting) they can document. They need to give the system a chance to work to the full extent of its potential. We should not make tougher rules if schools fail to utilize the rules they already have.
Adopting rules is usually easy for the organization. Applying rules is often much harder for the schools.