The Waiver Process
August 21, 2015
Last school year, over the course of 12 meetings, the MHSAA Executive Committee received 467 requests from member schools to waive either a minimum standard for student eligibility or a maximum limitation on competition. Three hundred sixty-two of these requests for waiver were approved. That’s 78 percent.
This was a typical year – neither a record high nor record low in the number of requests, or of waivers approved.
Under the MHSAA Constitution, to at least some degree, every Handbook regulation may be waived by the Executive Committee. However, it is an abuse of authority if there is not a compelling reason for the waiver – that is, a clear case where the rule works an undue hardship (not just any hardship) on a student or school, or the rule fails to perform its intended purpose in the particular and unique circumstances documented.
There are times when school administrators will disagree with an Executive Committee determination, and more times when parents will disagree – and sometimes the difference of opinion leads to unjustified attacks on the MHSAA or individuals. This is unfortunate, but inevitable when critics see their situation alone and not in the context of past and future precedent.
Nevertheless, in recent years, fewer than one in 400 waiver requests that is not approved has been appealed to the full MHSAA Representative Council. I believe this reflects not only that the Executive Committee has been getting the decisions right, but also that those who are making the requests have felt well heard and served.
We work hard to create that atmosphere, even in the presence of emotional, invested parents who are advocating for their children. From a real live receptionist who greets every telephone caller, to our associate director who helps administrators prepare each request to the Executive Committee, we strive to present every request for waiver in its best factual light and every rule involved in its complete educational and historical context.
Penalty Points
August 26, 2016
The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.
The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.
Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.
It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.
While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.