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.
Thinking of Don Quixote
October 10, 2017
The athletic transfer problem is not confined to high schools alone. Recently, the National Collegiate Athletic Association has had a work group studying the NCAA transfer rule for Division I institutions.
The problem has been of particular concern in Division I men’s basketball where more than 20 percent of scholarship players changed schools between last season and this.
The work group appeared to have narrowed its study to two options: Make every transfer student ineligible for one year; OR, Allow every transfer student immediate eligibility. And the second option seemed to have had the early momentum.
But last Wednesday, the work group announced that the proposal to grant immediate eligibility to transfer students who meet certain academic standards will not advance during the current NCAA legislative cycle. Two days later the report was corrected: there's still a chance for change by 2018-19.
Major college conference commissioners and NCAA leadership have surveyed the landscape. They see athletes arriving on their college campuses from an environment where, if they weren’t happy with a team, they changed teams.
Apparently, the non-school, travel team attitude is bigger than the NCAA may want to battle.
Yet here we are, thinking of how to wage war on athletic transfers in high schools.