Bending the Rules

The Case Against Recruiting in High School Sports

By Matthew C. Peterfi

Monday, January 2, 2005

 

The Framework of the MHSAA

 

Regulation 1, Section 9 happens to be the most discussed of all MHSAA policy.  Sounds exciting, huh?  After all, how can the number of practice days, role of administrators, or the “limited team membership” be nearly as interesting as the eligibility of a student athlete?  In order to investigate the MHSAA’s stance on transfers/recruitment, one must first lay a conceptual framework of the MHSAA itself. 

 

First, what is the MHSAA?  Many people refer to them incorrectly as “the State.”  They are a private, non-governmental entity, thus this could not be true.  It can, however, help to consider the MHSAA in a setting much like our U.S. constitutional democracy; the federal government as the MHSAA and the state governments as the member schools.  Just as the federal government comes from elected/promoted state officials, the MHSAA’s officials come--for the most part--from elected school officials who may promote additional members.

 

To be specific, there are three fundamental positions to the MHSAA – an Executive Director, the Executive Council, and the Representative Council.  The Representative Council is composed of no more than 19 members, a maximum of 14 elected by the school districts.  The state of Michigan is divided into regions, in which each region will receive membership onto the council.  Each councilperson is assigned a specific role – IE, Class A/B, Class C/D, state-wide, junior/middle schools, parochial schools, etc.

 

The purpose of the council is very relevant to the discussion of transfers.  Just as the legislative branch of our government, the Representative Council makes the rules which the MHSAA is to promote.  The Executive Council – which acts as a judicial/executive branch - is a five-member group created by three elected officers from the Representative Council and two appointed by the President of the Representative Council.  The Executive Director is then appointed by the Representative Council with recommendation by the Executive Council.  It is the responsibility of the Executive Council to oversee the application of the rules adopted by the Representative Council and to set them aside when need be, such as waiving the transfer regulations adopted by the Representative Council.  Did you get all that?

 

The Purpose of High School Sports

 

This rudimentary understanding of the MHSAA is crucial for anyone to participate in an informed debate about MHSAA policy.  Now, before discussing specific transfer regulations, one still must ask the question: “What is the purpose of high school sports?”  The Representative Council has given their opinion. The MHSAA dedicates Regulation I, Section 12, of the Handbook to “Amateur Status.”  In this selection, they discuss how eligibility for high school athletics is limited to amateurs.  Amateurs are defined as those who are not receiving special benefits for their talents.  If caught in violation, the student athlete will face a minimum of one year suspension from high school athletics.  Why so harsh?  The MHSAA recognizes the need to keep interscholastic athletics from becoming like collegiate or professional sports, where much of the emphasis is on money, fame and pride.  Collegiate/professional athletics are run as businesses as is much of the world.  This is not necessary, as high school athletics can focus on other things--team, development of learning/listening skills, patience, and fair play.  Let kids be kids for as long as possible before venturing out into a harsh world of competition.

 

Transferring and Recruiting

 

Fair play has become a big issue. We must not forget that the MHSAA cites high school athletics as a “supplement to the classroom.”  In the classroom if a teacher tells a student something they don’t like, is quitting school and re-joining another one a realistic option?  What about manipulating class schedules to get into the same classes as all your friends?  Why are these things acceptable in high school athletics? 

 

Enter Regulation 1, Section 9.  This section of the Handbook represents transfer regulations/exceptions.  Without reading the transfer regulations, it should become obvious that given the MHSAA’S position on high school athletics--as described above--that these regulations should be used to protect the amateur nature of the game, while allowing for athletics to be used as a supplement to a secondary education.  Thus, it should be a goal to promote fair play.  So, why not allow recruitment or unlimited transfers?  What is unfair about it?  Shouldn’t a secondary school be able to receive anyone who wishes to come, for any reason?  Shouldn’t a family be able to move to any district they want for any reason they want?  Isn’t this America? 

 

Yes, this is America.  In America we do sometimes instill laws which are meant to counter an existing presumption or existing mindset.  The Supreme Court of the United States destroyed a doctrine called “separate but equal” in Brown v. The Board of Education, the doctrine implying blacks and whites could be separated in schools and still receive the equal protection of the law .  They did this to protect the rights of citizens and the quality of schools.  Like it or not, our government does legislate and adjudicate fair play.

 

Thus, what is wrong with doing this in high school athletics?  The MHSAA agrees that to protect high school athletics one must protect what makes it wholesome.  Thus, fair play must be protected, or high school athletics loses its special meaning and its nature.  The MHSAA must enact strict policy to prevent unlimited transfers and recruiting.  If this policy will make the ‘"Grand Blancs" of high school sports equal to the "Clios" of high school sports, that can’t be a bad thing--for most of us, at least.

 

A school such as Grand Blanc--with an already high student population of 2,207–should have an easy time raising money for an athletic program.  It should also have an easy time in comparison to others in fielding a decent team of 11 or so guys since it has more to choose from.  Thus, this school is prone to becoming a sports powerhouse because it can use money and decent/good teams (from their big numbers) to create an atmosphere other good athletes want to play in.  While seen as a positive to many people, this can have a negative effect.  All of the other schools in the area–especially smaller ones where athletes don't get a lot of publicity–fall victim to transfers.  Thus one large school benefits while many other schools are hurt. 

Many often yell at Clio or Swartz Creek, calling them bad teams/programs because they can’t compete.  Of course they can’t compete, the recruiting edge has been established by other schools already.  Thus, anytime Swartz Creek gets someone like Chad Dixon, he goes to Carman-Ainsworth.  Good Quarterback in Lapeer?  He needs to go to another popular Big Nine school, Davison.  Not making it well in the Detroit area?  Head to Grand Blanc.  This works wonders for the very few athletes that are on these teams and their communities.  It sucks just a little bit for the hundreds of athletes in other schools and their communities. 

 

As if one transfer isn’t enough, some schools seem to need many.  Win at any cost?  Apparently.  It's a horrible message to send to students.  If we are going to do this, we should just zone off every area of the state and split the zones into two conferences.  Schools that bring in transfers on a regular basis and schools that do not.  Of course, that is a horrible idea, as it destroys the point of high school athletics; but, for all intents and purposes, this zone has already been created. 

 

Great Lakes Hoops columnist, Marcellus Miller, and others have written about the pipeline of talent in the Flint area.  Many cite it as going downhill.  There are many factors for this, but one happens to be revolve around this topic.  Suburban schools have been taking in many students from the Flint schools.  I recognize that the Flint schools have serious issues, but is that a way to truly deal with the problem?  Pick-up and leave?  No, because you destroy any hope of reviving the place you left.  If everyone quits there is no hope.  That is the problem with transferring; if a transfer quits on his or her district because they want to win elsewhere with other good talent, they destroy the hope other student athletes and communities could have in their own kids.

 

All of that being said, it’s time to discuss the transfer regulations in detail, illustrating why perhaps they aren’t enough.  The MHSAA has regulations in play which waive the one semester "sit out period" for student athletes.  That is, without these regulations, anytime a student athlete is enrolled in grades 9 through 12, they MUST sit out the full semester they initially enroll from sports.  But, there are always loopholes.  This regulation can be waived.

 

This is the first problem.  This measure does not specify the amount of times one may change schools.  Although there are certain restrictions once you reach senior status, this provision does not limit the amount of times you can transfer.  Secondly, one can manipulate this easily.  One school can transfer in an athlete in the fall semester for the purpose of playing boys basketball.  The season starts, of course, in the first semester, but is mainly played in the second.  Thus, this is an easy way for a boys basketball player to avoid this.  Many other sports are manipulated in the same way.

 

The all famous regulation is the first one, that is, one may physically move into the district in which they desire.  If they are there for 30 calendar days and during a period of enrollment, they are clear to play.  I personally know of six cases in my past where this regulation has been abused, and I am sure there many others.  This regulation requires you move in with whomever you were living with at the time, thus if you were living in district A with mom and dad you must live in district B with mom and dad to be eligible.  Many people shack up with friends, aunts, uncles, etc.  Others buy houses in the district and pretend to reside there--a very easy loophole, indeed.  In fairness to the MHSAA, this is very hard to enforce and they do an excellent job with what they have.  However, this loophole can be rectified partly by a limit on the number of transfers a school may take and a specific requirement as to how to take them. 

 

A one-time transfer regulation is available for those that wish to move into a district in which their parents reside (if they were not previously living with them).  Secondly, a transfer is available for a child who is told – by law – to live in a certain district.  Third, foreign exchange students (for between one and two semesters) are waived automatically.  Fourth, marriage waives the regulation.  Fifth, if a district breaks up or changes boundary lines, immediate eligibility is to be granted.  Sixth, divorce if a student athlete moves from one parent’s district to another and both principals agree (IF approved by Jack Roberts), which is only permitted once.  Seventh, a district transfers a student out.  Eight, does not start 9th grade or completes 9th grade in a district where it would be equivalent to junior high.  This empowers the athlete to enroll fresh in a new high school, IF the last years were at the aforementioned middle school.  Ninth, a student completes the last grade available in that school.  Tenth, a student turning 18 and moving on his/her own may transfer out with signed permission from both principals and permission from the Executive Director, only allowed once.  Eleventh, an expelled student may come back if that school allows and if the student didn’t participate in sports elsewhere, earned at least 20 credits elsewhere, and is permitted once.  12, student is attending a brand new school.

 

I personally agree with and find use for all of the transfer regulations in the above paragraph.  Here, the MHSAA is giving fair opportunity to those troubled by various situations.  There is also little room for abuse, especially since many are only allowed ONCE.

 

The one I neglected to mention is that a student may transfer to another school if their school ceases to operate.  This is what the Inkster boys football team did this past season as they accepted several of Detroit Saint Martin Deporres students.  The problem with this regulation is that it’s too broad.  Because of that, the old coach of Deporres was allowed to bring his own boys in and start over elsewhere.  Thus, Inkster benefits from several good players originating outside of its district.  Inkster should have been limited as to how many athletes from the same closed down school they could receive.  This transfer regulation must be narrowed to only allow a certain number of athletes into each school.

 

There are the 15 transfer exceptions, don't you just love bureaucracy? 

 

These standing regulations could be strengthened overall if the scrutiny surrounding transferring athletes were heightened.  Additionally, if the heading for Regulation 1 Section 9 were to limit a school to a certain amount of transfers a year (for athletic eligibility) or to limit to a certain amount of transfers per sport per period of time, the abuses would be cut down and the true nature of high school sports preserved. 

 

Those still arguing the point, “This is America, if someone wants to transfer for athletic reasons they should be allowed to,” I leave you with this, via Regulation 1 Section 9 (E): "When the administration of a school alleges that a transfer (who did NOT get one of the transfer exceptions listed above, thus SHOULD sit out a semester) was conducted for athletic reasons, the normal granting of eligibility after one semester is not automatic.  The burden of proof is on to accusing school to show some of the following: Student/parents are unhappy about playing time/position, student/parents have a problem with coach or administrations, students/parents seeking to nullify action taken by the other school, THE STUDENT FOLLOWS HIS/HER COACH TO ANOTHER SCHOOL WHICH THE COACH WAS RELOCATED, the student/parent wishes to propel their son/daughter to a lower/higher profile team, or the student wishes to participate with athletes they have seen elsewhere" (such as AAU, thus Flint Hamady’s girls basketball program would be in violation of this).

 

Violations

 

Let me be clear on this issue:  it is 100 percent illegal to transfer to another school for athletic purposes.  Anyone found to be in violation of this regulation must sit-out two semesters.  I ask you, when was the last time you've seen this regulation enforced?  Compare that to the last time you've seen or heard of an athlete transferring for the purpose of playing sports.   We have a problem. 

 

This hits the point home.  The MHSAA goes on to say that if a student is found to be in violation of the above--whether they were waived to play or not--he or she will sit out TWO semesters, not one.  Undue influence adds another variable I should mention. Undue influence is any influence, whatsoever, encouraging a player to come play for a certain school.  It can be done by any member school official and even includes a situation where a school official treats an athlete with more consideration than a non-athlete.  Schools employing undue influences to buttress their athletic programs are in violation of MHSAA rules and should be investigated. Schools losing players to other schools should themselves investigate these occurrences and submit them to the MHSAA.

 

I believe the MHSAA has the right mindset, but their regulations are just not being enforced.  Still yet, strengthening the transfer regulations to limit the time and method for transfers could put some of the abuses to rest. At this point, the rules have been bent to the point of  breaking. 

 

For more information, visit the MHSAA's website.