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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.

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.