Troublesome Transfers
September 8, 2011
The athletic eligibility transfer regulation adopted by MHSAA member schools, which states that all transfer students are ineligible for approximately one semester unless the student’s situation meets one of 15 stated exceptions, is an imperfect tool. It’s a wide and generally effective net that nevertheless catches some student transfers it should not and misses some transfers it should catch.
To release those students who should not have been snared there is a procedure by which schools may request a waiver from the MHSAA Executive Committee. During the 2010-11 school year, 320 requests to waive the transfer regulation were made by schools, and 219 waivers were approved by the Executive Committee.
The most troublesome aspect of the transfer regulation is that it does not stop or penalize all transfers that are primarily for athletic reasons. If a student is eligible under one of the stated exceptions, that student is immediately eligible regardless of the motivation behind the change of schools.
If, however, a student changes schools and that student’s circumstances do not meet one of the 15 stated exceptions that would provide immediate eligibility, there is a provision by which the school which lost the student may challenge that the change was primarily for athletic reasons. If that school alleges that this was an athletic-motivated transfer and documents its allegations on a timely basis, the MHSAA is authorized to investigate. If the MHSAA agrees, the student is ineligible for an additional semester.
The school which lost the student has the keys in its pocket. By rule, only that school can start the process.
The mere presence of this provision has discouraged many athletic-motivated transfers; and the more it is utilized, the more it will discourage these most troublesome transfers.
Undue Hardship
January 20, 2017
When appeals are made to the Executive Committee of the Michigan High School Athletic Association to advance the eligibility of a student for school sports, the argument is often made that application of the rule creates a hardship for a student who is not permitted to participate in competitive school sports.
Across the country when issues like these move beyond the appeals processes of state high school associations to courts of law, judges will sometimes opine that the student will suffer an undue hardship if he or she cannot play for a season, school year or career.
Given what is happening in our world, it always strikes me as absurd that anyone would allege or any court of law would rule that not being able to participate immediately or even at all in school sports is an undue hardship. There is hardship in the world, but sitting out school sports shouldn't appear on a list of hundreds of hardships being endured around the globe.
Consider, as I do regularly in one of my chief activities apart from my daily occupation, the hardships that are being endured by those who are fleeing a growing list of war-torn countries, by those who have been confined to refugee camps for many years, even by those who are fortunate enough to be resettled from those camps to far-away countries with different languages and customs.
These are real hardships that should embarrass those who suggest that sitting out school sports for a single contest or an entire career is a hardship. And the heroes are not those who challenge athletic eligibility rules but those who are being resettled in new nations, accepting work that is beneath their skills and experiences, and raising families who want nothing more than for their families to live in peace and security.