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.

Bathroom Breaks

April 29, 2016

Restrooms and locker rooms have become the front line of the latest civil rights battle in America, with collateral damage to school sports possible.

The laws of the land (local, state and federal) are presently conflicting and unclear; but ultimately, they are likely to be liberally construed. In the meantime, it will be discouraging to observe litigation that pits one person’s rights to access against another person’s right of privacy.

What we advocate is a safe and supportive environment for all students, with as many decisions as possible made at the most local level possible where resources can be best assessed and allocated.

We take no political or religious position; we are on the side of students, facilitating opportunities for gender questioning or confirming students while promoting a fair and level playing field in competitive athletics for all students.

To preserve opportunities for females and consistent with state and federal statutes and a long history of case law, Michigan High School Athletic Association rules do not allow boys on girls teams in MHSAA postseason tournaments. Therefore, the only time the MHSAA is directly involved is when a male student is transitioning to female and desires to play on an interscholastic team designated only for females in MHSAA tournaments. We decide about eligibility only; local schools make the necessary accommodations.

If a student’s gender preference of male is disputed by facts, that student may not be allowed on tournament teams designated for females only. Each decision is made on a case-by-case basis, balancing the objectives of promoting both opportunity and fair play.