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.

The MHSAA Model

December 30, 2015

At the conclusion of every school sports season – fall, winter and spring – I sign stacks of checks to MHSAA member schools for their hosting of or participation in MHSAA season-ending tournaments. Some are very small checks, some are very large amounts, and none is quite enough.

Each time I perform this task, I am reminded how differently school sports operates in Michigan compared to non-school sports.

Unlike most non-school organizations, the MHSAA does not require teams to pay membership dues.

Unlike most non-school organizations, the MHSAA does not require entry fees to its postseason tournaments.

Unlike most non-school organizations, we try to reimburse tournament hosts and participating teams for at least a portion of their necessary tournament expenses.

Parents may shell out hundreds and even thousands of dollars for their children to join non-school teams and to enter non-school events; but that’s not the MHSAA model.