New World, New Needs

October 3, 2017

The core of our current transfer rule was debated by a predecessor organization 20 years before the Michigan High School Athletic Association existed, in 1904. The MHSAA’s first handbook stated the rule in 1925: a one-semester wait to play after a change of schools, unless accompanied by a residential change by the student and parents or guardians. A one-semester wait, with one exception.

In 1971, the number of stated exceptions went from one to twelve.

It’s in 1981 when sentiment seemed to shift toward a harder line when the exception from a “broken home” approved by both school principals was toughened to require a completed divorce decree and a form signed by both principals and the MHSAA executive director.

When the transfer rule was adopted, the world was different than today. In 1904, 1925, 1971, even 1981, it was both a different society and youth sports landscape.

There were many more three-sport athletes then than today and many more three-sport coaches. There were many fewer non-school youth sports programs then than now, and many fewer nonfaculty coaches. And, of course, there was no school of choice.

Increasing year-round single-sport specialization by both students and coaches; ubiquitous specialized sports camps, clinics, trainers, travel teams and leagues – where both students and parents are making friends; more reliance on drop-in, nonfaculty coaches for school teams; and expanding open enrollment laws have combined to change our world.

And they combine to suggest the need for more changes in the MHSAA transfer rule.

Penalty Points

August 26, 2016

The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.

The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.

Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.

It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.

While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.