Transfer Culture

March 14, 2017

It is rare when a problem of major college athletics doesn’t eventually become a pollutant of high school athletics. A current issue demonstrates the point.

In 2015, NCAA research reported that about 40 percent of Division I men’s basketball players who had entered an NCAA institution directly from high school as freshmen had departed that institution by the end of their sophomore year.

Approximately 44 percent of the transfers were to other Division I programs, 33 percent to Division II programs, one percent to Division III, and 23 percent to non-NCAA colleges. Nearly 90 percent of all transfers said they changed schools for athletic reasons.

At the 2016 Men’s Final Four, NCAA President Mark Emmert stated that the issue of transfers is one of the most hotly debated in NCAA men’s basketball and football.

The culture that contributes to this is created in youth programs, starting even before students reach high school. There are no rules that govern players’ change from one non-school team to another, year after year. Players, parents and handlers talk with each other about where players can find the coach or team that will give them the best shot for a college scholarship or to fulfill their dreams of a professional career; and they will drive any distance from their homes to connect with that non-school team or coach.

This culture has infected high school sports, as witnessed by what appears to be increasing numbers of students who change schools for reasons more related to their non-school contacts and their college dreams than their high school experience, either athletic or academic.

These pressures will only increase under the current model of major college sports that treats superior athletes as if they were superior human beings and lavishes publicity and perks upon them. Until the major college sports experience is disincentivised, those colleges will have transfer troubles. And so will we.

Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.