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Time for Tough Topics

February 28, 2014

The daily deluge of calls and emails about issues that matter that day tempt us to take our eye off other issues that matter today, tomorrow and for many years. Good service requires that we respond promptly and pleasantly to the daily details, but good leadership requires that we give adequate attention to matters more fundamental to the mission of school-sponsored sports, and more critical to the future of educational athletics.

No matter how many times we’re contacted about today’s programs and problems, we must create our own time to dive deeply into the core philosophies and cornerstone policies of voluntary competitive interscholastic athletics.

We have attempted to do this with the “Four Thrusts for Four Years” campaign to address health and safety issues, especially but far from exclusively focusing on increased acclimatization and decreased head-to-head contact in football practices. The practice proposals of the 2013 Football Task Force – developed over a series of meetings by serious people, appear to have widespread support and should receive an affirmative vote by the Representative Council next month.

Similarly, we have appointed a task force to work throughout 2014 on junior high/middle school issues. Theirs is the difficult challenge of locating the sweet spot – the policies that protect the multi-sport experience in a learning environment for our younger students while still providing more competition, and for younger grades, to attract and hold the interest of junior high/middle school students and their parents who are seeking much more competition much earlier in life than the MHSAA’s current policies allow.

Out-of-season contact by high school coaches with their high school students is another of the topics that is often discussed and occasionally studied, and the rules governing out-of-season coaching are frequently tweaked. The result is a mammoth section of the Handbook that is difficult to read and follow, and invites widespread disrespect. MHSAA staff is conducting a series of two-hour sessions to try to reframe the discussion and present to the membership by next fall a new (and briefer) set of rules and interpretations. The goal will be to respect both the guiding principles of educational athletics as well as society’s changes since the current rules were first developed.

That’s the goal for all of this these tough, timeless topics.

Transfer Trends

January 23, 2015

One of the responsibilities that schools have asked our organizations like the MHSAA to execute is the management of transfer student eligibility. Historically, many associations have linked eligibility to residence ... thus, for some the regulation has been called the "Residency Rule" or "Transfer/Residency Rule," not merely the "Transfer Rule."
Over the years, as society became more mobile and families less stable, these rules became more and more complicated; and now, for most state high school associations, this is the regulation that consumes the most (or second) most pages of their Handbooks. Over the years, this has also been the regulation most frequently challenged in court.
Over the years, some states have relaxed their transfer rule and others have refined their transfer rule. In either case, the transfer rule remains an imperfect rule, an imperfect net. Sometimes this net snags students who should not be made ineligible, and for those situations all associations have arranged some kind of waiver or appeal process. 
And sometimes, and much less easily solved, the net fails to catch the situations it really should ... the transfers that are not hardship related or the result of some very compelling educational need, but those that are obviously for athletic reasons. It is those that we have been most focused on in Michigan.
Our first effort to get at the most problematic transfers was the adoption for the 1997-98 school year of what we called the "Athletic MOTIVATED Transfer Rule" ... Regulation I, Section 9(E). Examples of an athletic motivated transfer are included in the rule. The rule only applies to transfer students who do NOT meet any of the stated exceptions for immediate eligibility and are ineligible for one semester under our basic transfer rule. They become ineligible for 180 scheduled school days if there is a finding that the transfer was more for athletics than any other compelling reason.
This effort has not been successful enough because it requires a school that loses a student to another school to promptly allege to the MHSAA office, with supporting documentation, that the transfer was more for athletic reasons than any other compelling reason. The receiving school then must respond to those allegations. Then the executive director makes the decision. The unfortunate result of applying this rule is that it usually causes hard feelings between the schools, and hard feelings toward the executive director by the school decided against. In 17 years, schools have invoked this rule only 41 times.
Our more recent effort to address the most egregious athletic transfers resulted from requests from the coaches associations for wrestling and basketball which were watching too many students change schools for athletic reasons, usually related to an out-of-season coaching relationship. The new rule – the "Athletic RELATED Transfer Rule" -- is Regulation I, Section 9(F). The difference between Section 9(E) and the newer Section 9(F) is that in 9(F) one school does not have to make and document allegations before staff can act. If MHSAA staff discover or are informed of any of the circumstances listed in 9(F), we can act. Again, the rule only applies to those transfer students whose circumstances do NOT meet one of the automatic exceptions. It applies only to students who are ineligible for a semester under the basic transfer rule. If there is a finding that one of the athletic related "links" exists (usually an out-of-season coaching relationship), then this transfer student who would be ineligible for one semester is made ineligible for 180 scheduled school days.
So far, it appears that 9(F) may be a better deterrent than 9(E). It has been referenced when students are rumored to be transferring, and it has stopped many of those transfers before they occur. 
We have said that if this latest effort does not succeed in slowing athletic transfers, then the next step is 180 days of ineligibility for all transfer students who do not qualify for an exception that permits immediate play. I fear that would catch far too many students who should not be withheld so long from competition and could lead to a period like the early 1980s when the MHSAA, at the request of the state principals association, adopted the core of the transfer rule we have today and which resulted in a period of busiest litigation for the MHSAA when, at one time, the association had more than a dozen cases in court simultaneously on transfer matters. We’ve got to make the current rules work.