Transfer Trends
October 15, 2013
A glance at the handbook of any statewide high school athletic association informs you that transfers have been the most problematic eligibility issue across the country over the years. In the MHSAA Handbook there are 12 high school athletic eligibility regulations covered over 25 pages, and one-fourth of these pages are devoted to one rule: the transfer regulation.
The MHSAA’s transfer rule casts a broad net over the turbulent waters of school sports . . .
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Waters stirred by the inherent nature of athletics where people often look for competitive advantage, and sometimes look for it in inappropriate places;
- Waters made more choppy by the domestic discord in which increasing numbers of students reside; and
- Waters made rougher still by economic hardships in which more families seem trapped.
Add to this bullying, cyber bullying and hazing from which students seek to escape, and transfers seem epidemic.
Because the transfer regulation catches some “fish” in its wide net that it should not snare, schools have a mechanism to request waivers from the Executive Committee. Last school year, 352 waiver requests were made and 265 were approved.
It is readily admitted that the net fails to snatch some fish that it should catch and withhold from competition for a semester or longer. The most obvious and egregious of those occur when a student changes schools for reasons related to sports and without compelling medical or family reasons. More of those will be snared beginning in 2014-15, and those that are will face a period of ineligibility that is twice as long as other students who are ineligible under the basic transfer rule.
The new rule (click here and go to Appendix B in the Summary of RC Action) links extended ineligibility after a transfer to certain activities before the transfer. If a student played high school sports during the previous 12 months and did one of the “linking” activities to the new school, and if that student is ineligible for one semester under the basic transfer rule (none of the 15 automatic exceptions applies), then the period of ineligibility is doubled in the sport in which the links exist: two semesters instead of one.
This is not the end of the story, but merely the next chapter to develop and administer a transfer rule that facilitates quick eligibility for more deserving situations and extended ineligibility for more athletic related changes.
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.