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.
The First Time
April 3, 2018
I remember as clearly as if it were yesterday the first time I had to determine a student was not eligible under rules of the Michigan High School Athletic Association.
At that singular moment, it did not matter that I had been able to advise a dozen previous callers that the students they were inquiring about were eligible under the rules. All I could see in my mind’s eye was this one student who would not be able to participate as a full-fledged member of a team in a sport he enjoyed.
I assumed, as I have in almost every case since, that this was a “good kid,” and one who needed sports more than sports needed him.
But the facts made him ineligible and there were no compelling reasons to look beyond the facts. I knew it would be hard on the student to miss a season, but I also knew this was not in any sense an “undue hardship.” I could see that if the rule was not enforced in this case, I would be undermining its enforcement in other cases, and effectively changing the rule.
And I recognized that I did not have the authority to change a rule which the MHSAA Representative Council and each member school’s board of education had adopted to bring consistency and control to competitive athletics.
Many years have passed, and I’ve had to consider the eligibility of countless students to represent their schools on athletic teams. But I still see each situation as an individual student, balancing his or her individual needs and desires against the need to protect the integrity of the rules and the desire to promote competitive equity within the program.