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.
Pulling Up the Welcome Mat?
September 8, 2011
Michigan’s welcoming foreign exchange program network and the MHSAA’s accommodating rules have caused there to be more placements in Michigan schools than any other state during each of the last two school years. But this open environment for foreign exchange students may change if the MHSAA is unsuccessful in defending its current rules through judicial proceedings in Michigan courts.
Presently under MHSAA rules, international transfer students are treated identically to domestic transfer students: unless the student meets one of 15 stated exceptions, that student is ineligible for approximately one semester and then becomes eligible insofar as the transfer regulation is concerned until that student’s high school graduation.
If, however, this student is a foreign exchange student placed in an MHSAA member school through a program listed by the Council on Standards for International Educational Travel, that student is permitted immediate eligibility and that student’s eligibility is limited to one academic year. This special exception for bona fide foreign exchange students is intended to maximize the benefits of their academic exchange year.
The current court challenge is to the absolute limit of one year of athletic eligibility for foreign exchange students. If the MHSAA is unsuccessful in preserving that one-year limit, schools may be forced to treat foreign exchange students as all other international transfer students who are ineligible for their first semester and thereafter eligible until graduation.
That solution may seem simple, but it would reduce the value of the academic exchange experience for bona fide foreign exchange students, and that would certainly drop Michigan from the top spot in the nation for foreign exchange student placements.