Tracking the Transfer Rule

September 19, 2017

We are not the first generation of school leaders to be concerned about athletic transfers in secondary school sports.

Lewis L. Forsythe, in his 1950 book Athletics in Michigan High Schools, described his era and earlier this way: “... there were enough who transferred for advantage, as they thought, in athletic opportunities to give wide currency to the term ‘tramp athletes.’ These were usually students who became ineligible in schools in which they had first enrolled, or became otherwise disaffected in their home situation and went elsewhere to continue school. It was possible, for example, for a boy to play football at Ann Arbor one season, drop out of school until the next March first, and then enter Jackson High school. Here he could make himself eligible for baseball and track by merely ‘passing’ in ten hours (later twelve hours) of work from time to time according to the reporting methods of the school, and then leave without taking final examinations. The next semester he might enroll in Detroit High School, and, by satisfying eligibility requirements for the current semester, play football in that school. With no age limit and no required check-up on eligibility in another school, this could go on for at least five years.”

Mr. Forsythe, writing in 1950, cited concerns as early as 1901, which led the state athletic committee to adopt the first transfer rule for school sports in Michigan. It required a student going from one secondary school to another to present a certificate from administrators of the school left that the student was eligible under the athletic rules of the time. The issue of the time was that students who were performing poorly in the classroom of one school would attempt to escape ineligibility due to academic deficiencies by transferring to another school

Two years later, a rule was adopted to address undue influence (recruiting) that required all schools to sever all relationships with a school that attempts to influence any athlete to change schools.

A year later (1904), this proposal was debated: “A student who has played on a football team, or on a baseball team, or who has taken part in any track events, going from one school to another, shall be ineligible to enter any secondary athletic contest for one year, unless the parents of such student move from one school district to another ...”

It took 20 years for a rule change to actually be made in this direction: “No student who has been enrolled as a high school student in any high school shall be permitted to participate in any interscholastic contest as a member of any other high school until he has been enrolled in such school for one full semester, unless the parents of such student actually change their residence to the second school district. In the latter case, the student will be as eligible as he was in the school from which he withdrew.”

There, in the first code of rules promulgated by the Michigan High School Athletic Association in 1924, is the core of our 2017 rule ... ineligible for one semester, with the exception for an actual change of residence.

Today we debate that the period of ineligibility is too short and the residency exception is too lenient.

As for the period of ineligibility, across the U.S., one year is more common than one semester. As for the residency exception, it exists everywhere. In fact, in some places the “transfer” rule is referred to as the “residency” rule.

Law and Order

June 9, 2017

I have no knowledge of the rumored wrongdoing associated with the athletic department at Baylor University except what I’ve read in leaks and news reports for well over a year. One thing I’ve noticed is the different approach the NCAA is taking now compared to its high-profile involvement when the scandalous wrongdoing at Penn State began to surface just a few years ago.

In both situations, we are not talking about violations of rules directly related to the conduct of an intercollegiate athletic program. Apparently in both cases, there are crimes involved, for which society has a system to adjudicate guilt and, if found, to assess penalties.

In the earlier case, the NCAA jumped ahead of the judicial system to find guilt, and it vaulted over its own Handbook to fix penalties. Some of those penalties have since been modified or vacated. They were based on public opinion more than the published policies and procedures for governing NCAA operations.

Perhaps the NCAA’s lower profile now indicates it has learned from its earlier overreach that, however heinous the behavior, some things are beyond the authority and regulatory responsibility of a voluntary, nonprofit athletic association – no matter how powerful it may seem.

While I’m not aware of anything remotely resembling these situations in Michigan high schools, it is not infrequent that the Michigan High School Athletic Association is asked by a well-intentioned person to terminate the athletic eligibility of a student who has broken a public law but not a published rule of his or her local school or the MHSAA. We can’t.

The MHSAA does not have rules that duplicate society’s laws or seek to exceed them. Even with a budget 1,000 times that of the MHSAA, the NCAA has discovered it doesn’t have policies and procedures to do so consistently or well.

We already know that the MHSAA must allow local schools, law enforcement agencies and courts to deal with transgressions away from school sports. Our job is to stay focused on sports and a sub-set of issues that address participant eligibility and safety as well as competitive equity between contestants.

The MHSAA is an organization that cares about young people but recognizes its limitations, both legal and practical. The MHSAA has neither the legal authority nor the resources to be involved in regulating young people and coaches for all things, at all times and in all places. In the area of sports, and especially within the limits of the season and the boundaries of the field of play, the MHSAA does have a role, and it’s to help provide an environment that is sportsmanlike, healthy and consistent with the educational mission of schools.