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.
Building Beginning as Okemos Follows 1st-Year Coach Scott-Emuakpor
By
Geoff Kimmerly
MHSAA.com senior editor
August 9, 2022
OKEMOS – The football lay on the turf, landing there before the play had really begun, and the most booming voice from the tallest man on the field yelled a reassuring, “It’s OK. Let’s go,” followed the next play by “Go again,” and then “Figure it out.”
An hour earlier, first-year Okemos varsity football coach Efe Scott-Emuakpor had been on the phone asking a parent to bring the helmet and practice jersey one of his players had left at home. Nearby, another small group also stood helmetless as they hadn’t yet gotten the pre-participation physical required to join their friends on the field.
Those are typical first-day glitches no matter the school, and fall practices for all sports began Monday at 750 high schools across the state.
But those relatively minor symptoms are what Scott-Emuakpor is focused on treating in the immediate term as he takes on one of the most serious rebuilding efforts in Michigan high school football.
“This is progress,” Scott-Emuakpor said halfway through his team’s first practice, looking out at 39 players on Okemos’ game field – 33 more than showed up for his first offseason workout.
“We’d like to have everything right now. But it’s growing. It’s slowly growing.”
And after Monday, Okemos is one step closer to what would be an incredible turnaround story.
The Wolves have not won since Week 2 of the 2019 season, a stretch of 23 games. After scoring on an 84-yard run during the first quarter of last fall’s opener against Mason, Okemos didn’t score again the rest of the season.
Standing 6-foot-3, and still only a few years from his last college game as a receiver at Ball State University, Scott-Emuakpor looks capable of stepping back into a huddle at a moment’s notice. A little more than a decade ago, in 2011, he was beginning a senior season at East Lansing that would see him cap his varsity career in the MHSAA record book with 134 catches, gaining 1,624 yards, over three seasons. He also was an all-leaguer in basketball and Finals placer in high jump before joining the Cardinals.
After graduating from Ball State with a computer science bachelor’s degree, and on the way to earning his master’s in business from Saginaw Valley State University, Scott-Emuakpor came home and has worked nearly six years as a business systems analyst with Red Cedar Solutions Group on efforts including the MI School Data website.
But that’s just his fulltime job. Scott-Emuakpor also co-founded a clothing line, Live For Today, and over the last five seasons served as a volunteer assistant coach with his hometown Trojans – who have made the MHSAA Playoffs six seasons running.
He'd never applied for a head coaching job. He’d never really considered coaching at that level. In fact, he was pretty happy with how assisting at East Lansing for longtime coach Bill Feraco fit into his schedule and other pursuits.
But Scott-Emuakpor also is a studier. And as a past rival and co-member of the Capital Area Activities Conference Blue, he and East Lansing saw Okemos plenty.
The Wolves had made the playoffs as recently as 2018, and won their first playoff game that season since 2011. Scott-Emuakpor had played against Okemos’ Taylor Moton, now considered one of the NFL’s top offensive tackles. And the school has had loads of success in other sports, annually ranking among the Lansing area’s best in just about all of them and coming off a statewide Division 1 championship in boys soccer from last fall.
“I paid attention to how things have been around here. And I know what they could be capable of,” Scott-Emuakpor said. “This program was once a good program that was very well-respected; I respected them playing against them in high school. They had great athletes. I think my senior year we beat them by one point (20-19 in 2011). So we had good battles.
“I just saw where they’re at. … We have some good kids around here, and I know there’s more in the school not playing. Maybe when they’re sophomores, juniors, they’ll come out. I think I’m capable of getting that interest up, getting them out on the field and just building something.”
Raj Singh is a senior this fall, one of only five or so Scott-Emuakpor is expecting to come out this week. He’s also a near all-A student, will play some quarterback and safety along with his receiver spot, and was the guy bringing carloads of classmates to workouts over the summer as he joined his coach in recruiting prospective players.
Singh is following his older brother Joe Singh, an admittedly “smaller than everyone” offensive lineman who earned all-league honors as a senior in 2017. When Joe Singh told his younger brother that playing under the lights on a Friday night is a feeling unlike any other, the idea stuck – which is why it made sense when Raj Singh fractured his wrist in Week 2 last season but was back by Week 7 despite a cast covering one hand.
Watching Singh catch passes one-handed last season during East Lansing’s 49-0 win over Okemos stuck with Scott-Emuakpor. Joe Singh had told his little bother that all that matters is having more heart than his opponent and a fighting spirit – in other words, being the type of player Scott-Emuakpor will rely on to get Okemos up and succeeding again.
“I’ve been playing football since I was 6 years old. It’s just been a dream of mine to be at this moment,” Raj Singh said.
“Coach Efe is bringing in a lot of new aspects, and that’s been very helpful to make it different than last year – make us feel a little more at home this year. Compared to last year, he’s brought a lot of structure. We’ve been really coming together as a family … and it just shows Coach Efe wants to build a community around here.”
The process is about more than building stronger, faster bodies and learning football skills and technique. The Wolves aren’t talking a lot about last year, but there’s something there to overcome – and Scott-Emuakpor started working on that soon after he was hired at the end of March.
“In the springtime, we were fortunate enough to get in the weight room and I was able to see kids put up good weight and do some things. I’d tell them, ‘You’re actually strong. You’re actually a fast kid,’” Scott-Emuakpor said. “But when you’re not successful for so long, and the way they were losing last year, it was easy for them to not feel confident, not feel they were able to ultimately get the job done. And so I was just there working on minds.”
Last season was going to be uphill for Okemos no matter what. A mid-summer coaching change brought on by a major fulltime job promotion for the former coach led to an interim staff, players leaving the program, and an applaudable effort to just keep teams on the field.
Scott-Emuakpor has surrounded himself with a staff that includes a pair of his past coaches growing up in East Lansing, past players from when he was coaching there and others with winning experience playing at DeWitt and Williamston.
In addition to what he learned playing and coaching under Feraco, Scott-Emuakpor brings a ton of insight from his experiences at Ball State; he had only one catch during his college career while battling injuries, but he spent that time on the sideline observing his coaches and taking mental notes. Just Sunday, he was pulling from the 2012-13 Ball State football handbook a few details to incorporate into his work in progress with the Wolves.
Okemos will have varsity and freshman teams this fall, and the majority of players at Monday’s combined practice were juniors and sophomores – so recruiting remains ongoing. But Singh said the number of classmates who did come out Monday exceeded his expectations – and that just added to the excitement of starting again.
“If you walk through the school, you’ll see some guys, you’ll (say), ‘OK, what does that guy do?’ You find out he plays (only) lacrosse, or only wrestles, where in other areas, other schools, they might do everything because that’s what they do, what they’ve grown up doing” Scott-Emuakpor said. “I’ve been trying to rebuild that connection, that love for football. A lot of them are very intrigued; I feel like some of them are kinda peeking and saying, ‘What’s going on? This new coach seems to be young and interesting.’ And I’ve just been trying to stay focused on the process and not get too far ahead of myself.”
Geoff Kimmerly joined the MHSAA as its Media & Content Coordinator in Sept. 2011 after 12 years as Prep Sports Editor of the Lansing State Journal. He has served as Editor of Second Half since its creation in January 2012, and MHSAA Communications Director since January 2021. Contact him at [email protected] with story ideas for the Barry, Eaton, Ingham, Livingston, Ionia, Clinton, Shiawassee, Gratiot, Isabella, Clare and Montcalm counties.
PHOTOS (Top) First-year Okemos varsity football coach Efe Scott-Emuakpor, middle, huddles up his players during Monday's first day of practice. (2) Scott-Emuakpor confers with senior Raj Singh on blocking from his receiver position. (3) The Wolves work on offense during the first part of their Monday session. (4) Scott-Emuakpor speaks with his team at the start of the workout. (Photos by Geoff Kimmerly.)