Logo

Our Drop in the Ocean

December 18, 2015

It has been difficult, recently, for us to get too worked up over the complaints submitted to this office about officials’ calls, coaches’ decisions, students’ ineligibilities and tournament times and venues. All of this seems petty in light of the terrorism in Paris and other places, and the worldwide refugee crisis as innocent people flee from atrocities in their homelands.

Try to imagine the pain in Paris and other places of recent mass execution. Try to imagine the horror that refugees have faced in their native countries and their ongoing agony in the camps that contain them for years while more “civilized” nations struggle politically and economically with decisions that define their humanity.

But now, as often before, we remind ourselves that the job we are paid to do requires our focused attention and best efforts as we try to make our small niche in the world of sports – our drop of water in the ocean of the world’s concerns – a little bit better each day.

And also now, as often before, we try to interpret how the worldwide human condition affects us and might be affected by us. Affects us, for example, with the need to improve tournament venue security. Is affected by us, for example, by delivering programs that help create in young athletes those qualities that will make them good citizens of their future world – adults who are respectful, tolerant and compassionate.

When I traveled in Northern Africa recently, I encountered immense admiration for the United States – what our hosts always referred to as “America.” People elsewhere look past the shallow or spiteful political rhetoric of our so-called leaders and candidates for leadership to see a disciplined freedom exercised by the citizens of our country that is still, in spite of our shortcomings, the world’s best hope for peace and prosperity.

This country is unique in the world. And school-sponsored sports exist in this country like no other place on earth. There just might be a connection. Which is why – even when the world’s problems seem too large for us to impact – by doing our best every day to deliver these programs, we actually may be performing a vital role.

Transfer Trends

January 23, 2015

One of the responsibilities that schools have asked our organizations like the MHSAA to execute is the management of transfer student eligibility. Historically, many associations have linked eligibility to residence ... thus, for some the regulation has been called the "Residency Rule" or "Transfer/Residency Rule," not merely the "Transfer Rule."

Over the years, as society became more mobile and families less stable, these rules became more and more complicated; and now, for most state high school associations, this is the regulation that consumes the most (or second) most pages of their Handbooks. Over the years, this has also been the regulation most frequently challenged in court.

Over the years, some states have relaxed their transfer rule and others have refined their transfer rule. In either case, the transfer rule remains an imperfect rule, an imperfect net. Sometimes this net snags students who should not be made ineligible, and for those situations all associations have arranged some kind of waiver or appeal process. 

And sometimes, and much less easily solved, the net fails to catch the situations it really should ... the transfers that are not hardship related or the result of some very compelling educational need, but those that are obviously for athletic reasons. It is those that we have been most focused on in Michigan.

Our first effort to get at the most problematic transfers was the adoption for the 1997-98 school year of what we called the "Athletic MOTIVATED Transfer Rule" ... Regulation I, Section 9(E). Examples of an athletic motivated transfer are included in the rule. The rule only applies to transfer students who do NOT meet any of the stated exceptions for immediate eligibility and are ineligible for one semester under our basic transfer rule. They become ineligible for 180 scheduled school days if there is a finding that the transfer was more for athletics than any other compelling reason.

This effort has not been successful enough because it requires a school that loses a student to another school to promptly allege to the MHSAA office, with supporting documentation, that the transfer was more for athletic reasons than any other compelling reason. The receiving school then must respond to those allegations. Then the executive director makes the decision. The unfortunate result of applying this rule is that it usually causes hard feelings between the schools, and hard feelings toward the executive director by the school decided against. In 17 years, schools have invoked this rule only 41 times.

Our more recent effort to address the most egregious athletic transfers resulted from requests from the coaches associations for wrestling and basketball which were watching too many students change schools for athletic reasons, usually related to an out-of-season coaching relationship. The new rule – the "Athletic RELATED Transfer Rule" -- is Regulation I, Section 9(F). The difference between Section 9(E) and the newer Section 9(F) is that in 9(F) one school does not have to make and document allegations before staff can act. If MHSAA staff discover or are informed of any of the circumstances listed in 9(F), we can act. Again, the rule only applies to those transfer students whose circumstances do NOT meet one of the automatic exceptions. It applies only to students who are ineligible for a semester under the basic transfer rule. If there is a finding that one of the athletic related "links" exists (usually an out-of-season coaching relationship), then this transfer student who would be ineligible for one semester is made ineligible for 180 scheduled school days.

So far, it appears that 9(F) may be a better deterrent than 9(E). It has been referenced when students are rumored to be transferring, and it has stopped many of those transfers before they occur. 

We have said that if this latest effort does not succeed in slowing athletic transfers, then the next step is 180 days of ineligibility for all transfer students who do not qualify for an exception that permits immediate play. I fear that would catch far too many students who should not be withheld so long from competition and could lead to a period like the early 1980s when the MHSAA, at the request of the state principals association, adopted the core of the transfer rule we have today and which resulted in a period of busiest litigation for the MHSAA when, at one time, the association had more than a dozen cases in court simultaneously on transfer matters. We’ve got to make the current rules work.