Transfer Tools
February 7, 2014
On Oct. 15 I used this space to talk about “Transfer Trends”; and I took that topic on the road, including it in MHSAA Update meetings throughout the state. I described an “epidemic.”
As I have said and written before (including in this space on Sept. 27, 2011), our transfer regulation is an inadequate tool for the fight ahead of us. It has failed to slow the growth of athletic-motivated transfers even after adoption of a rule for that purpose in 1997. Too few schools have wanted the hassle of alleging and documenting that a transfer was primarily for athletic reasons. In 2012, the leadership of the basketball and wrestling coaches associations, observing that current rules permitted several high-profile transfers in their sports, asked for a much tougher transfer rule – one that would subject most transfer students to a full year of ineligibility. Recognizing its legal responsibility to enforce the most narrow proscriptions possible, the Representative Council responded with more precision.
The new athletic-related transfer rule adopted last May extends the period of ineligibility from one semester to two for those students whose circumstances do not fit one of the existing 15 exceptions to the transfer regulation and where the student has engaged in certain activities during the previous 12 months that link the student to the new school’s athletic program.
If a student played high school sports during the previous 12 months and did one of the activities that linked that student to the new school athletically, the new rule doubles the period of ineligibility. If, for example, this transfer student attended an open gym at the new school, played summer or non-school sports on a team coached by one of the coaches of the sport at the new school, or received instruction in strength or conditioning from a personal trainer who coaches at the new school, then the period of ineligibility would double.
In addition to narrowly tailoring the new rule to the most obvious and egregious examples of an athletic-motivated or -related transfer, the Representative Council also provided necessary notice. The rule has not been “sprung” on students who may have done things before the rule change that would have made them ineligible. Because the rule has a 12-month run-up to consider, the Council provided almost 15 months’ notice. The rule takes full effect Aug. 1, 2014.
This is another example of defining a problem and designing the policy with precision. It’s both most educationally sound and judicially defensible.
Beyond the Noise
September 13, 2013
It has been said that when the law is not in your favor, then argue the facts; or when the facts are not in your favor, then argue the law; and when neither supports what you want, then just argue.
And this is the time of year when we are reminded that old adage is true.
It is in August and September when the MHSAA staff processes more eligibility questions and the MHSAA Executive Committee considers more requests to waive eligibility rules for individual students than at any other time of year. Often it is the least meritorious cases that create the loudest noise.
It is during these months and the next that the MHSAA deals with the most stressful of forfeitures caused by the participation of ineligible players. When an ineligible student plays in a varsity football game, that forfeiture not only means the loss of that game; that loss could also mean the team loses a spot among the qualifiers in the Football Playoffs.
Difficult eligibility and forfeiture cases sometimes make for good publicity for the individuals involved, but they can create bad precedent for the future of the program if it is only those noisemakers who are listened to and served.