Logo

Tougher Rules for Transfers

May 31, 2013

There is an increased sense among the MHSAA’s constituents that it’s nearly impossible to advance deeply into the MHSAA’s postseason tournaments with “home grown” talent; that unless a team receives an influx of 9th-graders from other districts or transfers of 10th-, 11th- and 12th-graders from other schools, success in MHSAA tournaments is rare.

This is the predictable result of several factors, including (1) expanding schools of choice; (2) starving school districts of essential resources; (3) encircling schools with educational options; and (4) increasing dependence on nonfaculty coaches and the related increased profile of non-school youth sports programs.

In light of this, Michigan’s high school wrestling coaches and, more recently, Michigan’s high school basketball coaches, have proposed new rules and/or pled with MHSAA leadership to toughen the transfer rules for school-based programs.

On May 5, 2013, the MHSAA adopted a rule to take effect starting Aug. 1, 2014, that advocates believe is more straightforward than the athletic motivated section of the transfer regulation and is a needed next step to address increasing mobility of students between schools.  It links certain described activities to a longer period of ineligibility after a transfer.  It intends to catch some of the most overt and egregious of transfers for athletic reasons.

Specifically, after a student has played on a team at one high school and transfers to another where he or she is ineligible, the period of ineligibility is extended to 180 scheduled school days if, during the previous 12 months, this student . . .

  • Participated at an open gym at the high school to which the student has transferred.
  • Participated on a non-school team coached by any of the coaches at the high school to which the student has transferred.
  • Has a personal sport trainer, conditioner or instructor who is a coach at the high school to which the student has transferred.

  • Transfers to a school where his or her previous high school coach is now employed.

Unlike Section 9(E), this new Section 9(F) does not require one school to allege athletic motivation.  If the MHSAA learns from any source that any one of the four athletic related links, the MHSAA shall impose ineligibility for 180 scheduled school days.

There may be a large percentage of the MHSAA’s constituents who do not believe this new Section 9(F) goes far enough; that this should be applied to all students, not merely those whose transfer does not fit one of the 15 stated exceptions which allows for immediate eligibility.  That could become the MHSAA’s next step in fighting one of the most aggravating problems of school-based sports today.

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.