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.
The First Time
April 3, 2018
I remember as clearly as if it were yesterday the first time I had to determine a student was not eligible under rules of the Michigan High School Athletic Association.
At that singular moment, it did not matter that I had been able to advise a dozen previous callers that the students they were inquiring about were eligible under the rules. All I could see in my mind’s eye was this one student who would not be able to participate as a full-fledged member of a team in a sport he enjoyed.
I assumed, as I have in almost every case since, that this was a “good kid,” and one who needed sports more than sports needed him.
But the facts made him ineligible and there were no compelling reasons to look beyond the facts. I knew it would be hard on the student to miss a season, but I also knew this was not in any sense an “undue hardship.” I could see that if the rule was not enforced in this case, I would be undermining its enforcement in other cases, and effectively changing the rule.
And I recognized that I did not have the authority to change a rule which the MHSAA Representative Council and each member school’s board of education had adopted to bring consistency and control to competitive athletics.
Many years have passed, and I’ve had to consider the eligibility of countless students to represent their schools on athletic teams. But I still see each situation as an individual student, balancing his or her individual needs and desires against the need to protect the integrity of the rules and the desire to promote competitive equity within the program.