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.
RESPECTING RULES
November 20, 2015
For nearly a full century, the high schools of Michigan have stood in opposition to national high school athletic championships. As they existed in the early years of school sports, and even today, such events have very often exploited students and benefited commercial sponsors most. Such events are beyond the limited resources of most local schools; and allowing one school to participate tends to require other schools to go to the same extremes to remain competitive, creating the kind of arms war in school sports that now drives college sports further and further from their academic mission.
A decade ago, Michigan school districts added the following language to permit participation in national scope tournaments by individuals and groups of young people who had no connection to or similarity with a school team on which they had participated during the school season. The full and complete rule states:
A national high school championship includes any athletic event, regardless of title, which attempts to draw to it or its qualifying rounds only the top place winner or winners from more than one state high school association championship meet or is based upon high school regular-season or postseason tournament performances. A student may participate without loss of eligibility if all of the following conditions are met:
a. The event is not called or promoted as a national high school championship;
b. Qualification is not based on performances in the high school season or MHSAA tournament results;
c. The event is open to all non-school teams or individuals who qualify directly through one or more non-school events, or the event is without qualifying standards and is open to any individual who pays the entry fee;
d. If a team event, teams are not to be made up of students from a single MHSAA member school;
e. Teams and individuals do not represent an MHSAA member school; and
f. No MHSAA member school uniforms, transportation, funds or coaches are involved.
It is important to note that included in the universe of unapproved events are those tournaments, regardless of what they are named or for which there are qualifying rounds, which ATTEMPT to draw the best performers from the high school season. Whether or not this attempt is successful ... whether the event attracts the best performers or only the second-, third-, fourth- or worse performers ... the student-athletes of Michigan school districts may only participate if there is compliance with ALL SIX elements listed.
The intent of part "d" of the rule is to help assure that the participating teams from Michigan really and truly are NOT school teams, and to assure that no school team is masquerading as a non-school team but really extending the season beyond the limits agreed to by all school districts, thus undermining the fairness that other schools expect.
This 10-year old rule has been applied to every circumstance brought to the MHSAA's attention and to countless more where school districts knew and followed the rule without guidance from the MHSAA. It is such respect for rules that we honor and encourage, even as the organization facilitates a thorough vetting of rules prior to school districts joining the MHSAA by local board of education action each year.