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.
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.