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 Imperative of Institutional Control
March 13, 2018
Of the various criticisms about the MHSAA’s handling of transfers, these three have the ring of some validity:
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The Transfer Rule is too complicated.
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The Transfer Rule is poorly understood at the local level, and thus unevenly administered.
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The MHSAA office is ill-equipped to police the transfer scene.
The language of the Transfer Rule has expanded from a few sentences to many pages over its 90-year lifetime. This is the result of changes in schools, sports and society, as well as people operating at the edges of the rule, which has led to a rule that has attempted to cover more circumstances with more specificity year after year.
This increasingly nuanced rule takes both training and time. The MHSAA does an excellent job of providing training online and in person, but local administrators are not putting in the time – they can’t! They are usually less experienced but given more non-sports duties than athletic directors of 10, 15 and 20 years ago; and they are leaving the profession after shorter careers. They often lack the training and time to do the complicated and potentially contentious tasks, including Transfer Rule administration.
Overwhelmed local athletic directors are not shy about contacting the MHSAA office for assistance in interpreting and applying the Transfer Rule. These incoming questions dominate the time of MHSAA staff who have many other duties, including the administration of MHSAA tournaments in 14 sports for each gender.
Lacking sufficient staff time and subpoena power, the MHSAA must depend on local school administrators to police their own programs, communicate with their neighbors, and report what they believe might be violations within their own and nearby programs.
While we keep working on the language of the Transfer Rule, we harbor no illusions that it will become simpler to understand and enforce. That’s just not how the modern world works ... everything becomes more complicated. Which may only make it more unlikely that schools will dedicate the time and talent necessary to assure that the principle of “institutional control” is practiced by MHSAA member schools.
However, if we give up on that principle, no amount of oversight by the MHSAA office will ever be enough to police school sports in Michigan ... not just to monitor transfers, but also to attend to the dozens of other elements that distinguish educational athletics.