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.

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.