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Transfer Impasse

February 21, 2017

Transfers by students for athletic reasons is a chronic, nationwide, reputation-damaging nuisance for high school sports.

It’s not a new issue. The Michigan High School Athletic Association has been toughening transfer rules repeatedly for 35 years. Unfortunately, many schools do not use the tools that already exist to delay or deny athletic eligibility to students who transfer for athletic-motivated or related reasons.

It’s not unique to Michigan. Every state we contact – whether it has the same rules, tougher or weaker – cites transfer troubles. Unfortunately, some states which pushed their rules too far have lost them altogether because of pushback from lawyers and legislators and the growing school choice movement that advocates transfers any time to any place for any reason.

Statistically, total transfers are few, and student-athlete transfers are a very small percentage of those. But when the extremely few high-profile athletes in high-profile sports switch schools for sports, and those schools experience increased success, it grabs headlines, generates social media chatter and batters the brand of educational athletics, which is supposed to put school before sports and promote competitive equity between school teams.

Over the past decade, in response to concerns similar to ours, our counterpart organization in Ohio has seen its transfer rule come and go and return again. The current rule is tougher on those who have participated in school sports in 9th grade or beyond, as opposed to those students who have not; but the list of exceptions to the one year of ineligibility for past participants is now up to ten categories. The result is a rule in Ohio that differs little from our own in Michigan.

Our counterpart organization in Indiana averages about 4,200 students who transfer each year out of approximately 160,000 students who participate on interscholastic athletic teams each year. That’s just 2.6 percent. For the current school year, through Jan. 31, 2017 ...

  • 680 transfers never played school sports before and were eligible immediately;

  • 944 transfers made a bona fide change of residence and were eligible immediately;

  • 14 transfer students were ruled ineligible at any and all levels.

While the perception may be of an epidemic, the actual percentage of transferring student-athletes is a small fraction of a small fraction. Of course, that percentage may increase, and the perception get even worse, as the team-hopping, non-school sports mentality further infects school sports.

Still, reluctance remains among leadership here and in our counterpart organizations across the country toward adoption of tougher rules to govern such small percentages of students when there is at least as much clamor for more exceptions to existing rules, and significant reluctance to use the tools that current rules provide to clamp down on athletic-motivated and related transfers.

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.