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.

Striking A Balance

January 23, 2018

This past fall, the feature topic of the seven Update Meetings of the Michigan High School Athletic Association was the Transfer Rule ... its history, rationale and reasons why it should and shouldn’t be altered to counter the transfer epidemic that school of choice laws and the youth sports travel team culture have infected upon school-sponsored sports in this and other states.

The Update Meeting presentation included cautions that, while the vast majority of school administrators and coaches want a tougher and tighter transfer rule with longer periods of ineligibility and fewer exceptions that permit immediate eligibility, many people outside of school sports believe such changes would infringe upon their individual choices; and even some people involved in school sports at the local level lose interest in supporting the rules already in place when they are applied to their own situation.

The Update Meeting concerns have been legitimized during more recent months in both high and low profile situations.

There are suggestions that the MHSAA should have an investigations department to search for and penalize athletic-oriented transfers and unscrupulous acts by coaches, parents and others. Which is a foolish notion. The MHSAA does not have subpoena power, can’t perform wiretaps, and cannot devote the personnel and other resources that an investigations department would require. Even with hundreds of millions of dollars in resources, the NCAA has not been able to execute that function for intercollegiate sports, and recently the FBI stepped in to do the difficult work. 

As has been its long-standing and generally effective practice, the MHSAA relies heavily on its member schools to help enforce its rules, which schools agree to do as a condition of their voluntary membership.  

At the other extreme are suggestions to do away altogether with transfer eligibility rules. Let anything and everything go. Which is what we call the AAU, an incompatible approach to student-centered, school-sponsored sports. 

Striking a balance is a difficult, but worthwhile endeavor. To that end, the MHSAA Representative Council works tirelessly on behalf of member schools to establish the proper set of rules to create competitive equity.