No Easy Fix
February 13, 2015
“If we don’t fix this problem, even our friends and allies may turn against us.”
That was the dire warning one of the MHSAA staff members gave to the rest of us at a weekly staff meeting recently, during which this staff member was receiving emails from people appalled over the mid-season transfer of a basketball player from one school to another.
The “fix” that some people want is a rule that makes every transfer student ineligible for a full year, regardless of the reason for the change of schools or the circumstances of the student. Of course, that rule would never survive judicial scrutiny, and legislators in every corner of the state would be advocating change for the sake of one child or another.
A more moderate remedy is to utilize a rule that applies the full-year period of ineligibility to those students whose circumstances do not fit one of the already established 15 exceptions that make a student eligible without delay following a transfer. That half-measure would not stop many transfers that would still frustrate people, and it would snag many transfers that would continue to anger people.
The rules we already have in place are tools for schools to use to stop many of the transfers that frustrate without snaring those transfers that anger: the athletic-motivated transfer rule and especially the athletic-related transfer rule (or links law).
Before our friends and allies turn their backs on us, they need to turn in the transfer situations where the rules already apply, and the undue influence (recruiting) they can document. They need to give the system a chance to work to the full extent of its potential. We should not make tougher rules if schools fail to utilize the rules they already have.
Adopting rules is usually easy for the organization. Applying rules is often much harder for the schools.
Our Tools
March 11, 2014
MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.
The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.
Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.
But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.
Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.
We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.