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.

Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.
The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.
Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.
But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.
Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.
We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.