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Penalty Points

August 26, 2016

The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.

The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.

Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.

It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.

While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.

Membership Renewal

May 23, 2017

Unlike classroom courses of our schools, the interscholastic athletic program requires opponents; and to help promote a level playing field for competition, the interscholastic athletic program requires some organization to provide a forum to assist in developing competitive standards and to help assure they are maintained. For many years, many schools have worked through the Michigan High School Athletic Association to establish a common set of rules, for the orderly administration of an interscholastic athletic program, which promotes academic integrity and competitive equity. 

According to Michigan Attorney General Opinion #4795 of 1977, any local board of education that desires to do so may voluntarily join the MHSAA by adopting the rules of the association and agreeing to enforce those rules with respect to its schools. Institutional control remains the key to this organization.

MHSAA membership is free of charge, and there is no entry fee to participate in MHSAA tournaments. But while MHSAA membership is free of costs, it’s not free of responsibilities. The expectations of member schools include:

  • Educating student-athletes, staff and other involved personnel about MHSAA rules and procedures.

  • Monitoring compliance year-around.

  • Investigating possible violations and reporting findings.

  • Administering penalties.      

Each school district that agrees to these responsibilities must say so by means of an annual board of education resolution. The resolutions have just been mailed to all superintendents for the 2017-18 school year.

Each school district that wishes one or more schools to participate in MHSAA tournaments and benefit from MHSAA services must schedule on its board of education agenda the adoption of the MHSAA Membership Resolution. The Resolution should be signed in sufficient time to prevent a lapse in membership (before August 1). A lapse in membership, even though for only a week, can create unnecessary problems should there be claims under the $1,000,000 accident medical insurance plan or the concussion care gap insurance or if eligibility rulings are to be made during that period.