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.

Continuous Work

July 6, 2015

Since we posted the blog below on May 16, 2014, we have observed that major portions of the NCAA’s sanctions of Penn State have been overturned for being beyond the authority that member institutions have given the NCAA. This reminds us of the need to have our own organization continuously working on rules and penalties, and the authority to make and enforce such rules and penalties, that may become necessary in the future for the ever-growing range of issues we confront in school sport.

We take no comfort when leaders of sports on other levels get embroiled in controversy; but we do try to learn from those situations.

For example, we watched very closely in 2012 how the National Collegiate Athletic Association responded fast and with force to the horrific sex abuse scandal at Penn State. The NCAA may have ignored its prescribed due process and exceeded its penalty authority, winning mostly praise from the public; but now the NCAA is mired in litigation over the legality of its swift and severe actions.

We are currently observing what could be a similar scenario for the National Basketball Association. Its commissioner moved quickly to impose a lifetime ban and other sanctions after racist public statements by an NBA team owner. While most people have praised the speed and severity of the commissioner’s actions, some people note that the recent racist remarks were not something new for this owner and the unprecedented penalties may be the subject of a lifetime of litigation.

The lesson of these situations for leaders in other places and on other levels is to be especially cautious about using power in popular ways. No matter how horrible the transgression, no matter how angry it makes you personally, follow the established rules of procedure and keep within the limits of your explicit authority.

I confess that this can be frustrating and that I have sometimes felt paralysis more than power when performing the role as MHSAA investigator and penalizer. But some of that frustration may be my own fault. If such frustrations are too common, we should be reworking the organization’s Constitution and rules, with the members’ agreement, to streamline process and strengthen penalties.

Significant steps in this direction have been occurring. For example, in May of 2013, the Representative Council adopted the athletic-related transfer rule; and on May 4, 2014, the Council increased the maximum penalty for undue influence from one year to four years for both students and adults.