Logo

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.

Good New, Bad News

July 30, 2012

There’s some “good” news on a bad topic:  participation fees.

In addition to news stories about several school districts which have had fees but are now dropping them, and donors who are stepping up to reduce fees in other districts, the overview provided by the MHSAA’s annual survey of participation fees shows that predictions that fees would explode in frequency and size this year have not come true.

Surely, it is not good news that half of 514 reporting schools charged fees in 2011-12; but that percentage is unchanged from 2010-11.  Nine years ago, when the first survey was conducted, half that percentage charged fees.

Nor is it good news that the median fee charged was $75 in 2011-12; but that number has increased only $5 since 2009-10.  Nine years ago, however, the median fee was less than one-third of what it was this past school year.

The fact that the MHSAA has conducted this survey for nine years and provides resources to help schools fairly and efficiently administer participation fees does not mean we think they are a good thing, or a good way for schools to respond to their financial woes and realities.

  • We don’t think participation fees are the best business decision in an era of competition between school districts to enroll students and capture the accompanying state aid.

  • We don’t think participation fees are good for coaches who face different expectations from parents when they have paid for their child to be on the team.

  • We don’t think participation fees are good for students, especially winter and spring sport athletes and second, third and fourth children in families who sometimes get the short end of things when family budgets are tight.

Participation fees are an impediment to participation, which is an obstacle to student engagement in schools at a time when schools desperately need such investment.  And such fees remove one of the defining differences between school-sponsored sports and community-run youth sports programs.

(Go to Schools – Administrators – Pay-to-Play Resources for more information.)