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. 

Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.

The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.

Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.

But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.

Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.

We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.