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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:

  1. 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.
  2. The rule tends to prevent students from “jumping” from one school to another.
  3. The rule prevents the “bumping” of students who have previously gained eligibility in a school system by persons coming from outside the school system.
  4. The rule tends to prevent interscholastic athletic recruiting.
  5. 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.
  6. The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and team work expectation fulfillment.
  7. The rule is designed to discourage parents from “school-shopping” for athletic purposes.
  8. The rule is consistent with educational philosophy of going to school for academics first and athletics second.
  9. 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).
  10. It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
  11. 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. 

2017 Bush Awards Honor Trio of Leaders

June 26, 2017

By Geoff Kimmerly
Second Half editor

Three athletic directors who have taken leading roles in important areas of educational athletics – Rockford’s Tim Erickson, Bay City Central’s Morley Fraser and Mattawan’s Ken Mohney – have been named recipients of the Michigan High School Athletic Association’s Allen W. Bush Award for 2017.  

Al Bush served as executive director of the MHSAA for 10 years. The award honors individuals for past and continuing service to prep athletics as a coach, administrator, official, trainer, doctor or member of the media. The award was developed to bring recognition to men and women who are giving and serving without a lot of attention. This is the 26th year of the award, with selections made by the MHSAA's Representative Council.

Among many contributions, Erickson has built a strong reputation in officiating, while Fraser is a hall of fame coach and Mohney is an accomplished instructor of administrators on the state and national levels.

“These three administrators have contributed to educational athletics in a variety of ways, but are especially well-respected in specific areas of expertise – and the quality that binds them together is leadership,” MHSAA Executive Director John E. “Jack” Roberts said. “This award recognizes work behind the scenes, and Tim Erickson, Morley Fraser and Ken Mohney exemplify it. They are worthy recipients of the Bush Award.”

Erickson recently finished his 34th school year at Rockford, where he started his career in 1982 after earning a bachelor’s degree from Central Michigan University; he later added a master’s degree from CMU. He has served as the Rams’ athletic director for the last decade supervising 34 varsity teams and 140 staff members. Erickson also has served as an assistant principal for five years, two years each as student activities coordinator, middle school athletic director and 6-12 intramural director; and taught for 19 years. 

A member of the Michigan Interscholastic Athletic Administrators Association (MIAAA) and National Interscholastic Athletic Administrators Association (NIAAA), Erickson’s vast contributions to educational athletics have stretched far beyond administration. A member of the West Michigan Wrestling Officials Association, he has served as a registered official for 37 years, currently in wrestling but previously as well for basketball, baseball, softball and volleyball. He has officiated an MHSAA Finals in wrestling, and also coached 42 seasons across a variety of sports, including four as the varsity baseball coach and as an assistant on Rockford football teams that won Division 1 championships in 2004 and 2005.

Rockford total has won 32 MHSAA Finals championships across 13 sports during Erickson’s tenure as athletic director. He and his staff also have hosted a variety of MHSAA tournament events at various levels, including 20 Finals. A member of the Rockford High School Athletic Hall of Fame, Erickson also has volunteered locally as a youth sports coach and participates with the Rockford Relay for Life. He’s served as building coordinator for the local United Way and stewardship chairman for his church.

“Tim Erickson continues to provide a wide range of valuable perspectives drawing from his experiences as not only as an administrator, but also as a coach and official,” Roberts said. “Those points of view are especially important as he continues to lead a successful department at one of our state’s largest schools – and as he and his staff continue to provide outstanding leadership as an annual host for a variety of our events, many at the highest levels of our tournaments.”

Fraser this spring completed his 39th year in education and 30th as an athletic director, recently retiring from his administrative duties at Bay City Central although he will continue to coach the football team. Fraser, who earned a bachelor’s degree from Alma College and master’s from CMU, joined the Bay City Central faculty in 1986 and took over as athletic director prior to the start of the 1998-99 school year. He also has served as an assistant principal at Bay City Central.

His Wolves football team returned to the MHSAA Playoffs last fall with a 6-4 record, and Fraser has built a 162-135 record in 31 seasons leading the program. Fraser also coached at Mendon and Bowling Green, Ohio, and was inducted into the Michigan High School Football Coaches Association (MHSFCA) Hall of Fame in 2011. His 1994 Bay City Central team finished Class AA runner-up, and he was named an MHSFCA Regional Coach of the Year that season, 1996 and also in 1978 while at Mendon (and in 1985 earned a similar award at Bowling Green). He was inducted into the Bay County Hall of Fame in 2013.

Also a member of the MIAAA and NIAAA, Fraser has spoken and presented at MIAAA and MHSFCA events and as part of Glazier Coaching Clinics. He’s been a keynote speaker at Rotary Club student leadership summer camps for the last decade and has served in an elementary students and athletes reading program and as part of Habitat for Humanity, assisting with summer projects.

“Morley Fraser has mentored hundreds of his football players over the last four decades, but his mentorship extends beyond the sport he’s coached most,” Roberts said. “Morley Fraser has created a legacy of service, success and stability with his longtime leadership at Bay City Central, and he continues to provide as well a respected voice in the football community across our state.”

Mohney has served as an administrator for 18 years with seven as a teacher and coach after earning bachelor’s and master’s degrees at Western Michigan University and while also serving from 1987-2007 in the U.S. Army. In addition to his work as an assistant principal and athletic director at Mattawan – the school received an MIAAA Exemplary Athletic Program Award in 2005 – Mohney has made significant contributions to his colleagues as a long-serving member of the MIAAA and NIAAA and as an instructor for the MHSAA Coaches Advancement Program.

A contributor to the MIAAA Board of Directors and Executive Board from 2002-14, Mohney served as Executive Board president in 2012-13 and on the NIAAA Board of Directors as Section IV representative (for five states) and as chairperson of the finance sub-committee. He has served on various committees both for the MIAAA and MHSAA, and in addition to his CAP instructor contributions has served on the faculty of the NIAAA Leadership Training Institute providing instruction both in Michigan and nationally. Mohney has earned NIAAA Certified Master Athletic Administrator status and MHSAA CAP Masters Elite certification, and also Certified Interscholastic Coach recognition from the National Federation of State High School Associations (NFHS). He was named a Regional Athletic Director of the Year by the MIAAA in 2008, earned its Denny Kiley Presidential Award in 2013 and its Jack Johnson Distinguished Service Award in 2014 – when he also earned special commendation from the NIAAA for distinguished service on its Board of Directors.

Mohney served as part of an Army helicopter air crew from 1987-91 and then as a flight and leadership instructor for the Michigan Army National Guard from 1991-2007. He received a U.S. Army Air Medal in 1991 for combat missions flown during Operation Desert Shield/Storm, a U.S. Army Achievement Award in 1998 as Michigan National Guard Solider of the Year and a U.S. Army Commendation Award in 2004 as Michigan National Guard Non-Commissioned Officer of the Year.

“Ken Mohney understands the values of education and teaching leadership not only to students at his school, but also those working to provide that education locally and on the statewide and national levels,” Roberts said. “He provides a steady influence among his peers as part of the MIAAA and has been essential in the growth of our Coaches Advancement Program by showing himself to be an exceptional relationship builder in all of his endeavors.”