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.
Transfer Rule Rationale
March 6, 2018
It is certain that the Michigan High School Athletic Association transfer rule is imperfect. However, whatever imperfections exist are effectively remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee’s opinion, the rule fails to serve any purpose for which it is intended or, in its sole discretion, the Executive Committee determines that application of the rule creates an undue hardship on the student.
In a typical year, the Executive Committee will receive approximately 290 requests to waive the transfer regulation, approving approximately 60 percent of those requests.
The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 2, 2017:
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The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.
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The rule tends to prevent students from "jumping" from one school to another.
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The rule prevents the "bumping" of students who have previously gained eligibility in a school system by persons coming from outside the school system.
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The rule tends to prevent interscholastic athletic recruiting.
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The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.
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The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and teamwork expectation fulfillment.
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The rule is designed to discourage parents from "school shopping" for athletic purposes.
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The rule is consistent with educational philosophy of going to school for academics first and athletics second.
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It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).
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It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
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It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.