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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.

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:

  1. 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.

  2. The rule tends to prevent students from "jumping" from one school to another.

  3. The rule prevents the "bumping" of students who have previously gained eligibility in a school system by persons coming from outside the school system.

  4. The rule tends to prevent interscholastic athletic recruiting.

  5. 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.

  6. The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and teamwork expectation fulfillment.

  7. The rule is designed to discourage parents from "school shopping" for athletic purposes.

  8. The rule is consistent with educational philosophy of going to school for academics first and athletics second.

  9. 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).

  10. It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.

  11. It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.