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.
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.