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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. 

Hutcheson Eager to Serve Statewide

April 20, 2016

By Geoff Kimmerly
Second Half editor

On Tuesday, Dan Hutcheson was the public address announcer at a track and field meet. On Wednesday, he spent part of the morning painting a door.

As a teacher, coach, then assistant principal and athletic director, he’s performed in a wide variety of roles for Howell High School over the last two decades.

This fall, he’ll take on another set of similar but new and wide-ranging responsibilities as an assistant director for the MHSAA.

Hutcheson, who will join the staff in August, will take over administration of wrestling, girls and boys tennis and another sport to be determined. He’ll also contribute to the Coaches Advancement Program and Athletic Directors In-Service program among other duties.

“When I look at each step I’ve taken, it’s been an opportunity to serve more people,” Hutcheson said. “As a classroom teacher and a coach, and then moving up to assistant principal where I was serving more students. And then athletic director, where I was serving more students, and now serving the entire state. It’s pretty remarkable.”

The addition of Hutcheson is one of a few changes coming to the MHSAA staff for the start of the 2016-17 school year. Longtime official Sam Davis will join part-time in September to coordinate an expansion of services and support for officials, including in the key areas of recruitment and retention, while also assisting Hutcheson with wrestling.

Andrea Osters will be promoted in August to assistant director in charge of volleyball and another sport to be determined. Osters, the current social media & brand coordinator for the MHSAA and also the lead administrator for softball the last three years, will with Hutcheson take over most of the duties of current assistant director Gina Mazzolini, who will retire at the end of July.

At Howell, Hutcheson directs 90 athletic teams for grades 7-12. His high school, with more than 2,500 students, is one of the largest in our state. He has served as athletic director for the last decade after two years as an assistant principal, and he also coached the school’s wrestling program for eight seasons while teaching applied technology at the high school and later working for the Howell Recreation Department.

A plea from a professor during his first year as a student at Ferris State University set Hutcheson’s path toward education – although along the way he’s picked up a variety of skills that have benefitted his athletic program and the surrounding sports community as well.

He went to Ferris with thoughts of becoming a graphic designer and going into advertising. But by the end of his first term, as he watched classmates stay up into the morning hours working on projects while he was getting up at 6 a.m. for wrestling practice, he figured that career might not be the best fit.

Hutcheson still remembers the day in class when that instructor remarked that there was a huge need for technical education teachers. Hutcheson, who had always wanted to coach, saw that as his eventual niche.

He graduated with a bachelor’s degree in technical education with an associate’s in  graphic arts and printing technology, and later earned a master’s degree in public and educational administration at University of Michigan-Dearborn.

Hutcheson recently was named his region’s Athletic Director of the Year by the Michigan Interscholastic Athletic Administrators Association, and with Davis will bring extensive wrestling experience to the MHSAA. After competing at Howell and then Holt High School as a senior – making the MHSAA Individual Finals and finishing third at his weight as a senior in 1988  – Hutcheson was three-time NCAA Division II wrestling All-American and two-time Academic All-American while at Ferris State, and a three-time Greco-Roman Open All-American at the collegiate and post-graduate senior levels.

Hutcheson served as an assistant wrestling coach at Ferris State during the 1994-95 season and then coached the Michigan Wrestling Club from 1997-2000 guiding athletes in World Team and Olympic Trials competition. He led the Highlanders to the Division 1 Quarterfinals his first season as a high school coach, and currently serves as wrestling commissioner and overall president of the 24-school Kensington Lakes Activities Association and on MHSAA committees for wrestling and lacrosse.

He took over as athletic director at Howell from longtime administrator Doug Paige and has relied in part on work ethic learned from parents Don and Lynne Hutcheson and mentoring from college coach Dr. Jim Miller, who also is a professor of Optometry and with whom Hutcheson remains in regular contact.

Hutcheson has relished opportunities to put on big events, and one of his last as Howell athletic director will be as host of both MHSAA Boys Lacrosse Finals on June 11.

And tapping into those technical and design skills, Hutcheson also serves as webmaster and historian for the KLAA and created one of the most detailed league websites in the state.

“When we were doing (Paige’s) going-away party, I said his were big shoes to fill but my goal wasn't to fill the shoes, but to keep walking in the same direction,” Hutcheson said. “I feel the next person up will have a great foundation that’s here and will take it to the next level.

“I’m very excited about (joining the MHSAA staff). But I’ll probably take the same approach as what I did as athletic director here. Things have been done a certain way for a reason, and then we can look for ways to tweak things, fine-tune things.”

Champions who champion our games

An MHSAA Wrestling Finals individual champion for Lansing Eastern in 1969, Davis went on to wrestle briefly at Michigan State University before an eye injury ended his competitive career in that sport. However, he instead took up judo, winning state championships in 1980 and 1981 and competing at the U.S. Olympic trials. After graduating from MSU with bachelor and master’s degrees in 1974, Davis began his teaching career at Lansing Everett High School. He also coached wrestling and football and later served as an assistant principal at the school before serving as principal at Dwight Rich Middle School and then district athletic director over a 32-year career with Lansing Public Schools that concluded in 2007.

Davis received the MHSAA’s Vern L. Norris Award in 2015 for his work in officiating, including the mentoring and educating of other officials. He has been an MHSAA registered official for 36 years, working wrestling during the entirety of his career and baseball most of the last decade. Davis has officiated in all but a few of the MHSAA’s annual Wrestling Finals since receiving his first championship-level assignment in 1983. He currently serves as a major with the Ingham County Sheriff’s Office, serving as jail administrator, and will remain employed by the county while joining the MHSAA staff.

Osters has worked as part of the MHSAA staff since 2005 and has presented multiple times at National Federation annual meetings on her work as a nationally-recognized leader in high school sports association social media. She is a member of the Leadership Council of the NFHS Network, the national digital broadcasting initiative of the National Federation of State High School Associations, and has worked in coordination and planning of the MHSAA’s Captain’s Clinic series and other student leadership programs. 

She also launched the “Officials for Kids” statewide fundraising initiative and handles all venue-specific ticketing for MHSAA statewide tournaments.

She was a high school champion as a starter on the Okemos softball team that won the MHSAA Division 1 championship in 1999 and then graduated from Michigan State in 2004 with a bachelor’s degree in communications and concentration in public relations. She served as Okemos’ freshman softball coach for four seasons, from 2002-05, and also wrote a weekly sports column for a local magazine from 2009-11. Osters is a current member of the board of directors for the Michigan Society of Association Executives and was a founding member of the MSAE’s Emerging Professionals Committee.

“Dan Hutcheson, Sam Davis and Andrea Osters are passionate advocates for the values of high school athletics,” MHSAA Executive Director John E. Jack Roberts said. “Dan is one of the most respected athletic administrators in Michigan and brings a collection of experiences and skills that will benefit all of our schools in a variety of areas. Sam has long championed officiating, and we’re excited for the possibilities his experience and abilities bring as we intensify our recruitment of new officials statewide to join the more than 10,000 who annually work our games.

“Andrea has provided the MHSAA with a variety of skills and leadership over more than a decade of service and played a prominent role in the move of the MHSAA Baseball and Softball Finals to Michigan State two years ago. We anticipate she’ll make a smooth transition in taking over new and added responsibilities.”

PHOTO: Howell’s Dan Hutcheson coaches one of his wrestlers during his tenure running that program from 1997-2004. (Photo courtesy of Dan Hutcheson.)