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.
A 7’ Tall Tuba Player
October 11, 2016
In countless school and community gatherings all across Michigan, and in more printed pieces than I can remember, I have advocated for students to attempt to sample all of the diverse activities that a comprehensive high school has to offer ... both athletic and non-athletic activities. It is this variety that highlighted my own school experience and enriched that of my two sons.
Because of my outspoken advocacy for speech and debate and music and drama, I have been asked why I do not advocate that the Michigan High School Athletic Association serve and support those activities in the way it does sports.
The first and foremost reason is that those school programs are already well served by existing organizations in Michigan. But more fundamentally, I resist expansion of MHSAA authority to those activities because it would undermine the essential eligibility rules we must have for competitive athletic programs. I have seen this pressure in other states, but sports has regulatory needs that speech and debate and music and drama do not.
While the profile of some of these programs in some of our member schools is as high as any sports program in those schools, the competitive pressures are still different. No one is recruiting tuba players from one school to another. Debaters are not often subject to undue influence. Meanwhile, sports programs are under intense pressures that lead to athletic-motivated and athletic-related transfers, undue influence and other unsavory behaviors.
As I recently explained this rationale to my colleagues in neighboring states, all but one of which is an athletics-only organization like the MHSAA, one of my counterparts chipped in: "Well, we did once have a tuba player be recruited by and transfer to another school in our state. But he was seven feet tall and, in addition to playing in the band, he was the basketball team's highest scorer and most prolific rebounder."