Taking Our Half in the Middle
September 22, 2015
When there is a rule that is as frequently criticized for being too weak as for being too harsh, it’s likely the rule is just about right.
For every administrator and coach who complains that the transfer rule misses a situation where there is no question the student transferred for sports participation, there are as many administrators and coaches – and many times more parents – who plead for leniency under the transfer rule.
For every congested community in Michigan that offers students multiple school options, and some of those who participate in interscholastic athletics shop for the situation that best fits their needs or desires, there are many more communities in Michigan where few options exist, and transfers by student-athletes are both low in number and logical in nature.
For every call for a mandatory year-long, no-exceptions period of ineligibility to penalize athletic-motivated transfers, there are dozens of transfers by low-level, low-profile student athletes who do not deserve such draconian consequences.
For every statewide high school association in the U.S. that has a tougher transfer rule than Michigan, there are as many that have a weaker transfer rule; or, they have no rule at all because the state’s legislature intervened, usurped the association’s authority and overturned its over-reaching regulation.
The MHSAA transfer rule is not perfect and likely never will be, which is why it is among the two most reviewed and revised rules of the MHSAA Handbook. But the MHSAA transfer rule is on the right path. A dramatic detour will serve school sports badly.
What most negatively affects the administration of the existing transfer rule is the reluctance of administrators and coaches to report directly the violations they observe personally. If these people won’t do their part, they have no right to critique the rule or to criticize the rule makers.
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.