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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. 

Legacies Live on in Matson's Work

By Geoff Kimmerly
MHSAA.com senior editor

March 26, 2015

Hugh Matson was a sophomore on the 1951 Newaygo team that made the school's first trip to the MHSAA Boys Basketball Semifinals.

His team faced Dimondale in an auxiliary gym at Michigan State University’s Jenison Field House, but fell 56-54 in overtime when Dimondale scored the first basket of what was then a sudden-death extra period. 

He watched the Class D championship game with some disappointment, knowing his team had come so close to playing on Jenison's main floor. But another highlight of that weekend has stuck with Matson, who has given back to high school sports as a teacher, coach, athletic director and official for more than 50 years.

After Matson and his team arrived in Lansing and checked into downtown’s Olds Hotel, they were directed to another room where they were welcomed by MHSAA executive director Charles E. Forsythe. It’s a memory Matson has enjoyed recalling recently – on Saturday, he will receive the honor bearing Forysthe’s name.

Matson will receive the 38th Charles E. Forsythe Award, for his long and various contributions to education athletics, during the first-quarter break of Saturday’s Class A Boys Basketball Final at the Breslin Center.

"That's very important to me. He was the big name in athletic administration when I got into it as an athletic director," Matson said. "He was known all over the United States as one of the great athletic directors, and I really feel honored. I'm humbled by it, naturally." 

Forsythe was the MHSAA’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 contribution to the interscholastic athletics community.

Matson, 79, has deep roots in education. His mother Velma – who died in January at 104 years of age – was a longtime educator in Newaygo and with his father Francis established a scholarship for graduating seniors still awarded today. Hugh Matson took his first teaching job in 1957, at Mattawan, then followed older brothers Bill and Max to Saginaw Township Community Schools, teaching and coaching at Saginaw MacArthur High school from 1962-71 and then Saginaw Eisenhower from 1971-88.
 
Matson served as head varsity football and track and field coach at Mattawan and as head track and field coach at both MacArthur and Eisenhower, in addition to serving as an assistant football coach at both schools. He also became the first and only athletic director in Eisenhower’s history – holding that position from the school’s first day until the end of the 1987-88 school year, when he became co-athletic director of the new Saginaw Heritage High School, which was created from a merger of MacArthur and Eisenhower. Matson served as the sole full-time athletic director of Heritage for 1996-97 before retiring.  
 
“Hugh has been dedicated to improving athletics in Michigan for more than 50 years, and his contributions stretch over every aspect of our games and beyond the Saginaw area,” MHSAA Executive Director John E. “Jack” Roberts said. “He showed leadership not only in his community for many years but at the statewide level among his colleagues, and continues his involvement as a valued official. We’re glad to honor Hugh Matson with the Forsythe Award.”
 
Matson has been a member of the Michigan Interscholastic Athletic Administrators Association (MIAAA) since 1970 and served as its president during the 1989-90 school year. He also was a member of the National Interscholastic Athletic Administrators Association (NIAAA) for three decades and has been a member of the Association of Track Officials of Michigan (ATOM) since 1993. Matson received distinguished service awards from both the MIAAA and ATOM and served as a representative and speaker for the MIAAA at regional conferences in Iowa and Wisconsin and to the NIAAA Leadership Forum in 1987. 
 
During his time as athletic director, Matson hosted MHSAA Districts or Regionals for seven sports. He’s been an MHSAA registered official since 1970 and has officiated 25 MHSAA Regionals in either cross country or track and field and 12 MHSAA Finals. He also has officiated cross country and track and field at the Division I, II and III and NAIA collegiate levels.

“Hugh was excellent with students, parents and staff during his 42 years as a teacher and coach at Eisenhower and Heritage High School. He is extremely positive with the kids as an official,” said current Saginaw Heritage athletic director Peter Ryan, also a member of the MHSAA Representative Council. “Hugh has been dedicated to improving athletics in the state of Michigan, and his passion for athletic officiating is contagious.”
 
“I still think I have the energy for it, and I enjoy it a lot,” Matson said. “Every day before I go to a track meet, my (wife Jackie) says, ‘Have fun.’ And she says when I come home, ‘Did you have fun?’ And yeah, I have fun. Working with younger people also, it keeps me youthful.”

Matson received his bachelor’s degree in physical education with minors in English and history in 1957 from Western Michigan University. He taught English and history at Mattawan, and then English and physical education during his three tenures as part of Saginaw Township Community Schools. In addition to his mother and brothers, Matson’s sister Joelyn also worked in education, recently retiring from the University of Toledo.  

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

The MHSAA is a private, not-for-profit corporation of voluntary membership by more than 1,400 public and private senior high schools and junior high/middle schools which exists to develop common rules for athletic eligibility and competition. No government funds or tax dollars support the MHSAA, which was the first such association nationally to not accept membership dues or tournament entry fees from schools. Member schools which enforce these rules are permitted to participate in MHSAA tournaments, which attract more than 1.4 million spectators each year.

PHOTOS: (Top) Hugh Matson continues as an MHSAA official and has worked at all levels of college as well. (Middle) Matson accepts his induction into the Saginaw Sports Hall of Fame in 2014. (Photos courtesy of Saginaw Heritage High School.)