Storm Surge
September 29, 2017
We have all been glued to our video devices for gruesome scenes from hurricane-ravaged portions of this hemisphere. In terms of scope and duration, the devastation is unlike anything any of us can remember so close to home; and it’s hard to say this ... including Hurricane Katrina in 2005.
Within a few weeks of destruction in Louisiana and Mississippi in 2005, the Michigan High School Athletic Association had established procedures for expediting the consideration of athletic eligibility of students who had evacuated uninhabitable areas and arrived in our communities without the usual records required to establish athletic eligibility in MHSAA member schools.
On Sept. 6 of this year, the MHSAA Executive Committee revisited the 2005 experience and set a course for making eligibility decisions for evacuees from Texas, Florida and other locations, should they arrive in Michigan communities. Key elements for making favorable eligibility decisions are:
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The student’s previous school has ceased to operate.
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The student’s previous residence is uninhabitable. Dwellings are presumed to have been uninhabitable for at least a brief time in specific zip codes to be designated.
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The student has been ordered to evacuate from his/her previous community.
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The student has relocated to Michigan in a permanent type of housing (not hotel) with his/her parents or only living parent and has enrolled at the public school serving that residence, the closest public school academy to the residence, or the closest nonpublic school to the new residence, pursuant to Interpretation 62.
Should Michigan schools receive a surge of storm victims this fall, we are prepared to act quickly on athletic eligibility.
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.