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.

Tracking the Transfer Rule

September 19, 2017

We are not the first generation of school leaders to be concerned about athletic transfers in secondary school sports.

Lewis L. Forsythe, in his 1950 book Athletics in Michigan High Schools, described his era and earlier this way: “... there were enough who transferred for advantage, as they thought, in athletic opportunities to give wide currency to the term ‘tramp athletes.’ These were usually students who became ineligible in schools in which they had first enrolled, or became otherwise disaffected in their home situation and went elsewhere to continue school. It was possible, for example, for a boy to play football at Ann Arbor one season, drop out of school until the next March first, and then enter Jackson High school. Here he could make himself eligible for baseball and track by merely ‘passing’ in ten hours (later twelve hours) of work from time to time according to the reporting methods of the school, and then leave without taking final examinations. The next semester he might enroll in Detroit High School, and, by satisfying eligibility requirements for the current semester, play football in that school. With no age limit and no required check-up on eligibility in another school, this could go on for at least five years.”

Mr. Forsythe, writing in 1950, cited concerns as early as 1901, which led the state athletic committee to adopt the first transfer rule for school sports in Michigan. It required a student going from one secondary school to another to present a certificate from administrators of the school left that the student was eligible under the athletic rules of the time. The issue of the time was that students who were performing poorly in the classroom of one school would attempt to escape ineligibility due to academic deficiencies by transferring to another school

Two years later, a rule was adopted to address undue influence (recruiting) that required all schools to sever all relationships with a school that attempts to influence any athlete to change schools.

A year later (1904), this proposal was debated: “A student who has played on a football team, or on a baseball team, or who has taken part in any track events, going from one school to another, shall be ineligible to enter any secondary athletic contest for one year, unless the parents of such student move from one school district to another ...”

It took 20 years for a rule change to actually be made in this direction: “No student who has been enrolled as a high school student in any high school shall be permitted to participate in any interscholastic contest as a member of any other high school until he has been enrolled in such school for one full semester, unless the parents of such student actually change their residence to the second school district. In the latter case, the student will be as eligible as he was in the school from which he withdrew.”

There, in the first code of rules promulgated by the Michigan High School Athletic Association in 1924, is the core of our 2017 rule ... ineligible for one semester, with the exception for an actual change of residence.

Today we debate that the period of ineligibility is too short and the residency exception is too lenient.

As for the period of ineligibility, across the U.S., one year is more common than one semester. As for the residency exception, it exists everywhere. In fact, in some places the “transfer” rule is referred to as the “residency” rule.