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.
Grabbing Game-Changers
October 6, 2017
The Michigan High School Athletic Association has not been standing still while the athletic transfer situation has devolved into an eyesore for educational athletics.
Twenty years ago (1997), the association adopted a rule that extended from one semester to 180 scheduled school days the period of ineligibility in all sports for a student whose primary reason for changing schools is alleged and confirmed to be athletics.
In 2014, dissatisfied with the infrequency of that rule’s use and the difficulties it created between schools, the association adopted the “links” rule – the athletic-related transfer rule. This extended ineligibility from one semester to 180 scheduled school days in a particular sport when a non-school experience in that sport links the student to the school team to which he or she is transferring.
The newer rule has been easier to use. It doesn’t require that an allegation be made by the administration of the school from which the student is transferring. It has been less likely to pit one school against another, but more likely to pit parents against the MHSAA.
The new rule has been best used as a deterrent before a student transfers ... a warning. But the rule is of no use if one of the 15 exceptions that provides for immediate eligibility applies – for example, if there was a full and complete change of residence.
That is a gap that gnaws at those who want to nab the “game changers” – those transfers who add to the status of one team while dashing the dreams of another.