Regulation with Roots
December 3, 2015
By Jack Roberts
MHSAA Executive Director
The following is an excerpt from “History, Rationale and Application of the Essential Regulations of High School Athletics in Michigan.”
Throughout the years, schools of this and every other state have identified problems relating to school transfers.
There is recruitment of athletes and undue influence. There is school shopping by families for athletic reasons. There is jumping by students from one school to another for athletic reasons because they couldn't get along with a coach or saw a greater opportunity to play at another school or to win a championship there. There is the bumping of students off a team or out of a starting lineup by incoming transfers, which often outrages local residents. There is the concentration of talent on one team by athletic-motivated transfers. There is friction between schools as one becomes the traditional choice for students who specialize in a particular sport. There is imbalance in competition as a result. And there is always the concern that the athletic-motivated transfer simply puts athletics above academics, which is inappropriate in educational athletics.
All states have developed rules to address the problems related to school transfers. In some states it is called a transfer rule and in other states a residency rule, because linking school attendance to residence is one of the most effective tools for controlling eligibility of transfers. None of the state high school association rules is identical, but all have the intention of preventing recruiting, school shopping and jumping, student bumping, friction, imbalance and overemphasis, as well as the intention of promoting fairness in athletic competition and the perspective that students must go to school first for an education and only secondarily to participate in interscholastic athletics.
The transfer/residency rule is a legally and historically tested but still imperfect tool to control athletic-motivated transfers and other abuses. It is a net which catches some students it should not, and misses some students that should not be eligible. This is why all state high school associations have procedures to review individual cases and grant exceptions; and why all state high school associations have procedures to investigate allegations and to penalize violations where they are confirmed.
Over the years, state high school associations have considered four options to handle transfers. The first two options are the easiest courses: either (1) let schools decide themselves about transfers, as Michigan once did, but this leads to inconsistent applications and few states now subscribe to such an approach; or (2) make no exceptions at all, rendering all transfer students ineligible for a period of time, but this becomes patently unfair for some students and no state high school association subscribes to that extreme, although it would be easy to administer.
The third option – the ideal approach perhaps – would be to investigate the motivation of every transfer and allow quicker eligibility or subvarsity eligibility to those which are not motivated by athletics, but this is very time consuming if not impossible to administer. No state high school association has sufficient staff and money to consider every detail of every transfer.
This is why a fourth option has been most popular with most state high school associations. This is a middle ground which stipulates a basic rule, some exceptions (15 exceptions in Michigan), and procedures to consider and grant waivers (a primary role of the MHSAA Executive Committee).
It is certain that the MHSAA transfer rule is imperfect. However, whatever few imperfections exist are remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee's opinion, the rule fails to serve any purpose for which it is intended or in its application creates an undue hardship on the student. In a typical year, the Executive Committee will receive approximately 250 requests to waive the transfer regulation, approving approximately 60 percent of those requests.
The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 5, 2015:
- The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.
- The rule tends to prevent students from “jumping” from one school to another.
- The rule prevents the “bumping” of students who have previously gained eligibility in a school system by persons coming from outside the school system.
- The rule tends to prevent interscholastic athletic recruiting.
- The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.
- The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and team work expectation fulfillment.
- The rule is designed to discourage parents from “school-shopping” for athletic purposes.
- The rule is consistent with educational philosophy of going to school for academics first and athletics second.
- It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).
- It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
- It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.
Following the adoption of a more standardized statewide transfer rule in 1982, there were multiple legal challenges. However, in 1986, the Michigan Court of Appeals determined that a rational basis exists for the transfer regulation and that the rule, with its exceptions, is not overbroad and is neither arbitrary nor capricious, noting that neither a fundamental right nor suspect classification is involved. Berschback v. Grosse Pointe Schools 154 Mich App 102 (1986). That decision is also noteworthy for this statement which has halted or decided subsequent legal challenges: “This Court is not the proper forum for making or reviewing decisions concerning the eligibility of transferring students in interscholastic athletics.”
There were two major changes in the MHSAA transfer regulation during the 1980s. The first, the athletic-motivated transfer rule, led to the busiest period of litigation in the MHSAA’s history. The other major change, arguably of equal impact, was implemented without any controversy.
This second subtle but substantial change occurred in 1987 when language was adopted to limit eligibility after a transfer to the non-public school closest to the student’s residence, as opposed to any non-public school in whose service area the student lived. “Service area” did not have a consistent definition and created unnecessary concern that non-public schools had the advantage of huge, undefined attendance areas, compared to public school districts at that time.
Some high school associations prescribe geographic boundaries or mileage limitations for students transferring to non-public schools. Michigan simply says it’s only the non-public school closest to the student’s residence, where eligibility may be immediate.
PHOTO: The MHSAA Transfer Regulation dates back to the early 1980s when the Association building stood on Trowbridge Road in East Lansing.
Forsythe Honorees Give All to Educational Athletics
By
Geoff Kimmerly
MHSAA.com senior editor
April 6, 2021
At one time during his four tenures as a Michigan high school athletic director, Leroy Hackley Jr. hosted MHSAA Finals in tennis and track & field and Districts in baseball, softball and soccer – all on the same day.
Another time, a neighboring athletic director hosting a Regional basketball game called because a dunk had just broken a backboard. An hour after Hackley took the call, the entire game had been moved to his school and play resumed.
Patti Tibaldi moved to Traverse City in 1995 already a high school and college basketball coaching legend and with district-wide administrative duties her next mission after also having served as a college assistant athletic director.
But with West High School set to open for the 1997-98 school year, and the most experienced applicant for the girls basketball varsity job having no more than seventh-grade experience, she stepped in again to build another program and make sure that generation of students received a great experience as well.
For nearly the entirety of their careers, and in multiple roles, Hackley and Tibaldi have been immersed in improving educational athletics. To celebrate their continued dedication and contributions over the years, they have been named honorees for the Michigan High School Athletic Association’s Charles E. Forsythe Award for 2021.
The annual award is in its 44th year and named after former MHSAA Executive Director Charles E. Forsythe, the Association's first full-time and longest-serving chief executive. Forsythe Award recipients are selected each year by the MHSAA Representative Council, based on an individual's outstanding contributions to the interscholastic athletics community.
Tibaldi spent 40 years in educational athletics at Comstock Park, Grand Rapids West Catholic and Traverse City West and also Aquinas College in Grand Rapids, serving as a coach, athletic director and physical education specialist. Hackley has spent the last 22 years of more than 40 in sports as an athletic director at Byron Center, Jenison, Grant and currently Muskegon Orchard View, as well as serving as an MHSAA-registered game official for 37 years. Both are recognized statewide among the best in their various fields.
“Patti Tibaldi has given more to athletics in our state at the small college and high school levels than perhaps anyone over the last 40 years,” MHSAA Executive Director Mark Uyl said. “She was a pioneer in small-school college basketball at Aquinas College, and my wife Marcy played against her there, and 30 years ago you could see that passion for women's sports that was unmatched. During her time at Traverse City West, her passion for kids was unchanged, and most of her students had no idea she had been that pioneer. She was a trailblazer for women in leadership positions in coaching and administration.
“Leroy and I were first-year athletic directors together in the same conference in 1999, and it's been a pleasure to watch him grow into one of the most respected voices over the last 22 years,” Uyl said. “At its core, athletics is a people business, and Leroy is all about those relationships. He's a guy who genuinely enjoys going to work every day.
Hackley has served as an athletic director first at Byron Center for five years, then Jenison for seven, Grant for three and Muskegon Orchard View for the last seven. Before those stops he served as director of health, recreation & wellness at Grand Valley State University for 14 years after serving as assistant director of recreation/intramurals for four years at Eastern Michigan University. His first administrative experience came while as a graduate assistant at the University of Iowa serving as supervisor of officials for the recreational services department. He’s also served as an adjunct professor in physical education at GVSU, Aquinas College and Muskegon Community College.
As well as hosting numerous postseason events, Hackley has served on eight MHSAA committees over the years and four years on its Representative Council. He’s been a registered MHSAA official in boys and girls basketball, softball, baseball, swimming & diving, volleyball, cross country and track & field over 37 years and has officiated every collegiate level of women’s basketball including Division I in the Mid-American Conference. He has officiated three MHSAA Basketball Finals and NCAA Division III and NAIA national championship games.
Just this week he changed his spring break plans to step in and host a Boys Basketball Quarterfinal and serve as a manager at MHSAA Semifinals on Wednesday and Thursday at Van Andel Arena in Grand Rapids.
“I’ve always wanted to step in because I know what it’s like when you need help. I’m one of those guys who doesn’t like to say no. I try to find a way to lend a hand wherever I can,” Hackley said. “I’ve always enjoyed sports; all my free times has been spent watching sports or playing sports, and I’ve been fortunate enough to have a wife who enjoys watching sports. Pretty much my whole live has been centered around recreation and athletics. Coming from a big family (as one of 13 children), that’s one of the things we always did.”
Tibaldi spent 40 years in education and athletics at the high school and college levels, beginning first at Comstock Park from 1973-75 before spending the next six years at Grand Rapids West Catholic where she led the girls basketball team to the Class B championship in 1979 and the softball team to four league titles.
Simultaneously for the final three years at West Catholic, Tibaldi also served as women’s basketball coach, then also softball coach at Aquinas College, where she also became assistant athletic director in 1981. While at Aquinas she led the Saints to a 340-136 record on the court and the National Catholic Basketball Championship in 1984.
Tibaldi then moved to Traverse City Area Public Schools, first as the district’s K-12 physical education coordinator but eventually in multiple physical education specialist roles. She also was named the first varsity girls basketball coach at the new Traverse City West High School from 1997-2011 and served as West’s athletic director from 2004 until retiring in December 2014. As coach, she led the Titans to multiple league and District championships and the final few hundred wins of more than 800 total on high school and college basketball courts.
She’s also played a prevalent role in helping make MHSAA policy over her decades. She’s served on a variety of MHSAA committees, including the Basketball Committee, and served in multiple roles with the Basketball Coaches Association of Michigan including as president. She also served at the collegiate level on the NAIA Executive Committee, the Wolverine-Hoosier Athletic Conference (WHAC) Executive Council and as part of NAIA Women in Sports Leadership program and the Michigan Women’s Foundation Tribute to Women Athletes Committee.
Tibaldi has received various honors for her coaching and administrative contributions, including the MHSAA’s Women In Sports Leadership Award in 2011. She was The Associated Press’ Class B Coach of the Year in 1981 and twice earned special mention, and she’s a member of the BCAM Hall of Fame. She also was named state Coach of the Year for basketball by the National Federation of State High School Associations (NFHS) in 2004, and named Regional Athletic Director of the Year by the Michigan Interscholastic Athletic Administrators Association (MIAAA) in 2011. She also was named BCAM’s College Coach of the Year in 1988 and is a member of the NAIA’s National Coaches Hall of Fame. She earned multiple NAIA District Coach of the Year awards for both basketball and softball and was the WHAC Coach of the Year four times.
“To me, teaching life lessons is everything,” Tibaldi said. “I had great kids, and it makes me proud to see where they’re at – the things they’re doing are mind-boggling, and it makes me really proud. The thing they all tell me is they learned what hard work was, about teamwork and persistence, and resilience. That to me is what’s valuable.”
Tibaldi also co-authored and was granted a $1 million federal grant as part of the Every Step Counts program to provide the Traverse City community with funds to fight obesity, and wrote and coordinated a USDA-funded Michigan Fitness Foundation grant for promotion of healthy school environments in five high-needs schools. She’s been an active volunteer with the Boys and Girls Club and presented at the annual Girl-Tech Conference to encourage young women to choose non-traditional careers. She continues to do work with the Michigan Fitness Foundation.
Tibaldi is a graduate of the former Redford St. Mary’s High School in Detroit and earned her bachelor’s degrees in English and physical education from Aquinas in 1973. She was named Aquinas’ Outstanding Alumni of the Year in 1995 and is a member of that school’s Hall of Fame as well as Grand Rapids West Catholic’s and the Grand Rapids Sports Hall of Fame.
Hackley is a graduate of Culpeper County High School, located southwest of Washington, D.C. He earned his bachelor’s degree in recreation administration from Bethany College in Kansas and his master’s in recreation education from Iowa.
A member of the West Michigan Officials Association (WMOA) and National Association of Sports Officials (NASO), Hackley was co-founder and has been co-director of the Michigan Intramural and Recreation Sports Association (MIRSA) basketball officials camp and served on six committees as part of the National Intramural and Recreation Sports Association (NIRSA). He also was appointed to the Board of Directors of the West Michigan Sports Commission.
He’s also volunteered with Michigan Special Olympics, Georgetown Little League, National Kidney Foundation and Habitat for Humanity, served three years on the Board of Directors for the Downtown Metro YMCA in Grand Rapids and nine years on the Board of Directors at Bethany College.
Hackley was named WMOA Athletic Director of the Year in 2011 and an MIAAA Regional Athletic Director of the Year in 2018. He also has received MIRSA’s Tom Jones Service Award.
Past recipients of the Charles E. Forsythe Award
1978 - Brick Fowler, Port Huron; Paul Smarks, Warren
1979 - Earl Messner, Reed City; Howard Beatty, Saginaw
1980 - Max Carey, Freesoil
1981 - Steven Sluka, Grand Haven; Samuel Madden, Detroit
1982 - Ernest Buckholz, Mt. Clemens; T. Arthur Treloar, Petoskey
1983 - Leroy Dues, Detroit; Richard Maher, Sturgis
1984 - William Hart, Marquette; Donald Stamats, Caro
1985 - John Cotton, Farmington; Robert James, Warren
1986 - William Robinson, Detroit; Irving Soderland, Norway
1987 - Jack Streidl, Plainwell; Wayne Hellenga, Decatur
1988 - Jack Johnson, Dearborn; Alan Williams, North Adams
1989 - Walter Bazylewicz, Berkley; Dennis Kiley, Jackson
1990 - Webster Morrison, Pickford; Herbert Quade, Benton Harbor
1991 - Clifford Buckmaster, Petoskey; Donald Domke, Northville
1992 - William Maskill, Kalamazoo; Thomas G. McShannock, Muskegon
1993 - Roy A. Allen Jr., Detroit; John Duncan, Cedarville
1994 - Kermit Ambrose, Royal Oak
1995 - Bob Perry, Lowell
1996 - Charles H. Jones, Royal Oak
1997 - Michael A. Foster, Richland; Robert G. Grimes, Battle Creek
1998 - Lofton C. Greene, River Rouge; Joseph J. Todey, Essexville
1999 - Bernie Larson, Battle Creek
2000 - Blake Hagman, Kalamazoo; Jerry Cvengros, Escanaba
2001 - Norm Johnson, Bangor; George Lovich, Canton
2002 - John Fundukian, Novi
2003 - Ken Semelsberger, Port Huron
2004 - Marco Marcet, Frankenmuth
2005 - Jim Feldkamp, Troy
2006 - Dan McShannock, Midland; Dail Prucka, Monroe
2007 - Keith Eldred, Williamston; Tom Hickman, Spring Lake
2008 - Jamie Gent, Haslett; William Newkirk, Sanford Meridian
2009 - Paul Ellinger, Cheboygan
2010 - Rudy Godefroidt, Hemlock; Mike Boyd, Waterford
2011 - Eric C. Federico, Trenton
2012 - Bill Mick, Midland
2013 - Jim Gilmore, Tecumseh; Dave Hutton, Grandville
2014 - Dan Flynn, Escanaba
2015 - Hugh Matson, Saginaw
2016 - Gary Hice, Petoskey; Gina Mazzolini, Lansing
2017 - Chuck Nurek, Rochester Hills
2018 - Gary Ellis, Allegan
2019 - Jim Derocher, Negaunee; Fredrick J. Smith, Stevensville
2020 - Michael Garvey, Lawton
PHOTOS: Muskegon Orchard View athletic director Leroy Hackley Jr., left during his time at Jenison High, and retired Traverse City West athletic director and basketball coach Patti Tibaldi are the 2021 Charles E. Forsythe Award honorees. (Hackley photo by Rob Kaminski; Tibaldi photo courtesy of Traverse City Record-Eagle.)