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Bylaw 6 (Transfer Rule) Reminders from the KHSAA on 6-5-18


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FOR IMMEDIATE RELEASE: June 5, 2018

 

The KHSAA has received several inquiries from various parts of the state relative to the potential transferring of student-athletes among and between KHSAA member schools. With the end of the school year upon us, a few reminders concerning the rules and regulations should be highlighted.

 

The rules that govern students and their play are made by the member schools. The 280 member schools across the state comprise the KHSAA, not its 14 full-time staff members.

 

These rules have been approved as state regulation (therefore having the force of law) and are incorporated by reference as part of 702 KAR 7:065.

 

Transfer rule

 

The transfer rule is listed on the KHSAA website at

 

https://khsaa.org/handbook/bylaws/20172018/bylaw6.pdf

 

Bylaw 6 contains restrictions relative to students changing schools after they have BOTH been in grade nine AND played for a member school at the varsity level.

 

A student who has not yet been in grade nine or has not yet participated at the varsity level has no restrictions on transfer within Bylaw 6.

 

The restrictions on students who have both been in grade nine AND played for a member school require said individual to be ineligible for a period of one year from that student’s latest varsity participation.

 

The one-year period of ineligibility may be waived if documentation can be made that one of 10 published exceptions has been met as listed in the rule (Section 2).

 

Even if an exception has been satisfied, that exception can be negated and a waiver not granted if there is sufficient evidence of a transfer motivated by athletics as detailed in Section 3.

 

A student transferring between schools below grade nine is not regulated by the KHSAA.

 

A student initially entering grade nine has no transfer restriction, even if such student has played varsity in grades seven and/or eight.

 

Process Clarifications

 

State regulations require that information submitted with respect to specific cases be in writing, and that those submitting information be available for any examination and cross examination if there is an appeal.

 

As the agent of the Kentucky Department of Education, every action must be compliant with both state and Federal laws and regulations.

 

The KHSAA staff is subject by its Board of Control to Kentucky open records requirements, and certainly will not discuss a students educational records in violation of FERPA and a myriad of other privacy regulations because of the age of involved students through any medium.

 

In general, these are not students above the age of 18 (as perhaps in collegiate matters where people feel more free to discuss their opinions and interpretations of the facts).

 

For these reasons, the KHSAA staff is not permitted to get into protracted discussions via text or social media and, in general, will not respond to accusations and innuendo.

 

Restrictions on playing while eligibility determinations are pending apply solely to the period of time defined in Bylaw 23, the Limitation of Seasons.

 

Persons willing to submit information concerning possible violations are welcome to do so in writing in compliance with KHSAA Bylaws 18 and 26 with appropriate contact information so as to be available for verification.

 

Recruiting/Undue Influence

 

The recruiting restrictions are listed on the KHSAA website at https://khsaa.org/handbook/bylaws/20172018/bylaw16.pdf

 

The KHSAA has defined limitations concerning impermissible benefits and illegal contact with students not enrolled in that specific school by any representative of the school or school athletic program including current players, families, coaches, teachers and administrators.

 

Member school administrators and coaches have specific restrictions concerning contact with non-enrolled students with the first and most important procedure being to refer the prospective student to the administration of the school and cease any further discussions regarding athletic participation.

 

If a student is enrolled in one member school and wishes to participate in summer or offseason instructional activities at another member school, the school conducting summer activities must receive written permission from the principal from the school in which the student is enrolled.

 

Practice/Play by Ineligible Students

 

In the summer, practice and workouts are under local control, with the exception of the provisions of Bylaw 23 and 24 that prohibit non-enrolled students from participating at a member school without permission of the enrolled school.

 

Restrictions on playing while rulings are in process are only in effect during the periods of time defined by Bylaw 23 for each sport.

 

Practice/Play by ineligible students is spelled out for member schools in a document on the KHSAA website at 5/1/17-Reminders about Students Practicing/Playing While Ineligible | Kentucky High School Athletic Association

 

Because the restrictions of each rule may vary, it is important that school administrators use this chart as guidance.

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Maybe the KHSAA will finally put their foot down and make a statement? But I doubt it.

 

Cant court system doesnt back them.

 

While I hate the transfer rule in KHSAA’s defense they are pretty much defenseless to stop it once it hits the court system. Not much they can do if the judge rules against them and that seems to be the case more often than not these days.

 

People always wants to blame the KHSAA for everything but I’ve always seen the KHSAA do the best they can to enforce their rules. I’m not sure what more they can do.

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While I hate the transfer rule in KHSAA’s defense they are pretty much defenseless to stop it once it hits the court system. Not much they can do if the judge rules against them and that seems to be the case more often than not these days.

 

People always wants to blame the KHSAA for everything but I’ve always seen the KHSAA do the best they can to enforce their rules. I’m not sure what more they can do.

 

Agreed, its not worth the financial expense to investigate and go through the legal system, if said legal system is going to consistently rule against them.

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Case BL-33-4. If a student is found to be ineligible after exhausting the Due Process Procedure, but the student was allowed to play under a court injunction or other order that is determined improper, can a school be penalized? Yes. The courts have held that KHSAA is a voluntary organization and its members agree to abide by the rules. Even if the student was eligible due to injunctive relief, schools are not obligated to allow that student to participate, thereby breaking the rules that the members themselves pass

 

Although it was not the only instance in which KHSAA had imposed penalties, the Mitchell v. KHSAA court case is illustrative of the court injunction and penalty issue. The association imposed penalties despite the court’s ultimate finding that the student athlete was eligible. The association fined the school $1,500, required the school to forfeit the 13 games in which the plaintiff had participated, placed the school on 3 years’ probation, and suspended the school’s coach for two practices and two regular season games in the succeeding season (Spears)

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Case BL-33-4. If a student is found to be ineligible after exhausting the Due Process Procedure, but the student was allowed to play under a court injunction or other order that is determined improper, can a school be penalized? Yes. The courts have held that KHSAA is a voluntary organization and its members agree to abide by the rules. Even if the student was eligible due to injunctive relief, schools are not obligated to allow that student to participate, thereby breaking the rules that the members themselves pass

 

Although it was not the only instance in which KHSAA had imposed penalties, the Mitchell v. KHSAA court case is illustrative of the court injunction and penalty issue. The association imposed penalties despite the court’s ultimate finding that the student athlete was eligible. The association fined the school $1,500, required the school to forfeit the 13 games in which the plaintiff had participated, placed the school on 3 years’ probation, and suspended the school’s coach for two practices and two regular season games in the succeeding season (Spears)

 

And as the case continued in the courts didn’t Mitchell end up winning his case and Highlands season records were restored?

 

 

Edit: Just checked the scoreboard. Their record is 2-13 that year. They defeated Boyle County 22-6 in the state championship.

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And as the case continued in the courts didn’t Mitchell end up winning his case and Highlands season records were restored?

 

 

Edit: Just checked the scoreboard. Their record is 2-13 that year. They defeated Boyle County 22-6 in the state championship.

 

Scoreboard isnt right, they did get the wins back.

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And as the case continued in the courts didn’t Mitchell end up winning his case and Highlands season records were restored?

 

 

Edit: Just checked the scoreboard. Their record is 2-13 that year. They defeated Boyle County 22-6 in the state championship.

 

Yes, they got their wins back and the KHSAA cut a check to Highlands for the fine. It took 5 years but they reversed their decision.

 

edit: article from 2010 stating they restored the wins and paid back the $1500.

 

KHSAA football realignment approved; Dunbar stays in city district | Lexington Herald Leader

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Here's the thing I've never understood. The court ruling only says the player is eligible. That doesn't mean the school has to let the player play. People try to skirt the transfer rules then get butt hurt when the KHSAA rules against them. If they fight the KHSAA ruling in court there's no way as a coach I let the kid play.

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Here's the thing I've never understood. The court ruling only says the player is eligible. That doesn't mean the school has to let the player play. People try to skirt the transfer rules then get butt hurt when the KHSAA rules against them. If they fight the KHSAA ruling in court there's no way as a coach I let the kid play.

 

If a coach ignored a court order I'm guessing he or she could get in trouble. Why would a coach who has players interest first foremost not play a player if court says they can

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If a coach ignored a court order I'm guessing he or she could get in trouble. Why would a coach who has players interest first foremost not play a player if court says they can

 

System on System Crime.

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If a coach ignored a court order I'm guessing he or she could get in trouble. Why would a coach who has players interest first foremost not play a player if court says they can

 

All the court would say is that the kid is eligible, not that he/she has to pay. Just because they are ruled eligible doesn't mean the coach has to play them. If the coach truly has the best interests of ALL their players in mind why would he/she do anything that could potentially jeopardize all the team works for?

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