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.
Seal of Approval
February 12, 2016
“Sanction” is an interesting word. Sometimes it is used in a negative way, as in penalties, like the U.S. trade embargoes recently lifted on Iran and Cuba. Other times, to sanction something is to endorse it or at least approve its existence.
It is in this second, more positive sense that school sports uses the word “sanction” with respect to athletic events. And with respect to interstate meets and contests, the MHSAA adheres to the Sanctioning Bylaws of the national organization to which it belongs, the National Federation of State High School Associations (NFHS).
Without getting into the policies and procedures, here is what the NFHS says about the philosophy of sanctioning interstate athletic events:
Interscholastic programs should serve educational goals. To this end, schools have an obligation to conduct certain threshold inquiries about events in which their students may participate. On occasion, additional inquiries and oversight may be appropriate at the conference, district, state or national levels. In order to perform their “inquiry and oversight” functions fairly and efficiently, decision-makers at various levels have developed sanctioning procedures. The specific purposes served by event-sanctioning procedures include the following:
1) Sanctioning enhances the likelihood that events will adhere to sound and detailed criteria which meet the specific requirements of a school or a group of schools based upon experience and tradition.
2) Sanctioning serves to promote sound regulation of the conditions under which students and teams may compete.
3) Sanctioning is a means of encouraging well-managed competition.
4) Sanctioning adds an element of “due diligence” that encourages compliance with state association rules and regulations.
5) Sanctioning protects the welfare of student-athletes.
6) Sanctioning protects the existing programs sponsored by member schools and thereby promotes the opportunity for larger numbers of student-athletes to gain the benefits of interscholastic competition.
7) Sanctioning helps reduce the abuses of excessive competition.
8) Sanctioning promotes uniformity in obtaining approval for events.
9) Sanctioning helps protect students from exploitation.
Interstate event sanctioning at the NFHS level promotes financial transparency and equivalency of treatment of participating high schools. NFHS sanctioning forms are available on the NFHS website (www.nfhs.org).