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.
Adult Errors
February 26, 2016
Every month, the MHSAA Executive Committee considers requests to waive eligibility rules for students. In very many cases, the student has become ineligible largely as a result of actions by others, most often a transient, broken or otherwise dysfunctional domestic environment.
While the Executive Committee starts the consideration of every case with a bias toward helping the student, the Executive Committee does not accept as a blanket excuse, “It wasn’t the student’s fault.” That alone will not win a waiver for the student.
When schools utilize an ineligible player in competition, resulting in forfeiture of the contest, it is almost always an inadvertent violation, often an administrative oversight. Once again, there is an inclination for people to appeal the required forfeit because, “It wasn’t the kids’ fault.”
Every third year or so, a school team will participate in more than the maximum number of contests or days of competition permitted during the regular season, and lose its MHSAA postseason participation privileges in that sport. Again, this is almost always an administrative misunderstanding ... “an adult’s error which shouldn’t penalize the team.” Again, “It wasn’t the kids’ fault.”
If every rule was unenforceable when it was an adult’s error, not a student’s fault, there would be few enforceable rules in school sports, and increasing disregard for rules. It has been encouraging to have so many people contact the MHSAA office in support of that message.