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.
Adult Errors
February 26, 2016
Every month, the MHSAA Executive Committee considers requests to waive eligibility rules for students. In very many cases, the student has become ineligible largely as a result of actions by others, most often a transient, broken or otherwise dysfunctional domestic environment.
While the Executive Committee starts the consideration of every case with a bias toward helping the student, the Executive Committee does not accept as a blanket excuse, “It wasn’t the student’s fault.” That alone will not win a waiver for the student.
When schools utilize an ineligible player in competition, resulting in forfeiture of the contest, it is almost always an inadvertent violation, often an administrative oversight. Once again, there is an inclination for people to appeal the required forfeit because, “It wasn’t the kids’ fault.”
Every third year or so, a school team will participate in more than the maximum number of contests or days of competition permitted during the regular season, and lose its MHSAA postseason participation privileges in that sport. Again, this is almost always an administrative misunderstanding ... “an adult’s error which shouldn’t penalize the team.” Again, “It wasn’t the kids’ fault.”
If every rule was unenforceable when it was an adult’s error, not a student’s fault, there would be few enforceable rules in school sports, and increasing disregard for rules. It has been encouraging to have so many people contact the MHSAA office in support of that message.