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.

Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.
The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.
Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.
But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.
Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.
We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.