Transfer Tools
February 7, 2014
On Oct. 15 I used this space to talk about “Transfer Trends”; and I took that topic on the road, including it in MHSAA Update meetings throughout the state. I described an “epidemic.”
As I have said and written before (including in this space on Sept. 27, 2011), our transfer regulation is an inadequate tool for the fight ahead of us. It has failed to slow the growth of athletic-motivated transfers even after adoption of a rule for that purpose in 1997. Too few schools have wanted the hassle of alleging and documenting that a transfer was primarily for athletic reasons. In 2012, the leadership of the basketball and wrestling coaches associations, observing that current rules permitted several high-profile transfers in their sports, asked for a much tougher transfer rule – one that would subject most transfer students to a full year of ineligibility. Recognizing its legal responsibility to enforce the most narrow proscriptions possible, the Representative Council responded with more precision.
The new athletic-related transfer rule adopted last May extends the period of ineligibility from one semester to two for those students whose circumstances do not fit one of the existing 15 exceptions to the transfer regulation and where the student has engaged in certain activities during the previous 12 months that link the student to the new school’s athletic program.
If a student played high school sports during the previous 12 months and did one of the activities that linked that student to the new school athletically, the new rule doubles the period of ineligibility. If, for example, this transfer student attended an open gym at the new school, played summer or non-school sports on a team coached by one of the coaches of the sport at the new school, or received instruction in strength or conditioning from a personal trainer who coaches at the new school, then the period of ineligibility would double.
In addition to narrowly tailoring the new rule to the most obvious and egregious examples of an athletic-motivated or -related transfer, the Representative Council also provided necessary notice. The rule has not been “sprung” on students who may have done things before the rule change that would have made them ineligible. Because the rule has a 12-month run-up to consider, the Council provided almost 15 months’ notice. The rule takes full effect Aug. 1, 2014.
This is another example of defining a problem and designing the policy with precision. It’s both most educationally sound and judicially defensible.
Adult Errors
February 26, 2016
Every month, the MHSAA Executive Committee considers requests to waive eligibility rules for students. In very many cases, the student has become ineligible largely as a result of actions by others, most often a transient, broken or otherwise dysfunctional domestic environment.
While the Executive Committee starts the consideration of every case with a bias toward helping the student, the Executive Committee does not accept as a blanket excuse, “It wasn’t the student’s fault.” That alone will not win a waiver for the student.
When schools utilize an ineligible player in competition, resulting in forfeiture of the contest, it is almost always an inadvertent violation, often an administrative oversight. Once again, there is an inclination for people to appeal the required forfeit because, “It wasn’t the kids’ fault.”
Every third year or so, a school team will participate in more than the maximum number of contests or days of competition permitted during the regular season, and lose its MHSAA postseason participation privileges in that sport. Again, this is almost always an administrative misunderstanding ... “an adult’s error which shouldn’t penalize the team.” Again, “It wasn’t the kids’ fault.”
If every rule was unenforceable when it was an adult’s error, not a student’s fault, there would be few enforceable rules in school sports, and increasing disregard for rules. It has been encouraging to have so many people contact the MHSAA office in support of that message.