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.

Taking Our Half in the Middle

September 22, 2015

When there is a rule that is as frequently criticized for being too weak as for being too harsh, it’s likely the rule is just about right. 

For every administrator and coach who complains that the transfer rule misses a situation where there is no question the student transferred for sports participation, there are as many administrators and coaches – and many times more parents – who plead for leniency under the transfer rule.

For every congested community in Michigan that offers students multiple school options, and some of those who participate in interscholastic athletics shop for the situation that best fits their needs or desires, there are many more communities in Michigan where few options exist, and transfers by student-athletes are both low in number and logical in nature.

For every call for a mandatory year-long, no-exceptions period of ineligibility to penalize athletic-motivated transfers, there are dozens of transfers by low-level, low-profile student athletes who do not deserve such draconian consequences.

For every statewide high school association in the U.S. that has a tougher transfer rule than Michigan, there are as many that have a weaker transfer rule; or, they have no rule at all because the state’s legislature intervened, usurped the association’s authority and overturned its over-reaching regulation.

The MHSAA transfer rule is not perfect and likely never will be, which is why it is among the two most reviewed and revised rules of the MHSAA Handbook. But the MHSAA transfer rule is on the right path. A dramatic detour will serve school sports badly.

What most negatively affects the administration of the existing transfer rule is the reluctance of administrators and coaches to report directly the violations they observe personally. If these people won’t do their part, they have no right to critique the rule or to criticize the rule makers.