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Private school Multiplier: What could happen at the meeting & scenarios if it passes or fails

04/13/2014, 10:30pm CDT
By Travis Wilson

Disclaimer: This information does not necessarily reflect the views or opinions of the WIAA, it's staff, or member schools. 

At the Annual Meeting on Wednesday, the WIAA member schools will vote on the most significant change to its rules and structure since the private schools were absorbed into the association in 2000.

A petition advanced by schools from the Six Rivers Conference and signed by a total of 66 schools from 19 different conferences has placed a Constitutional amendment change on the meeting ballot that would apply a 1.65 enrollment multiplier to all private, religious, and independent schools when determining postseason divisional placement.

This article isn't meant to provide an opinion one way or another on the merits of the proposal, but rather to provide a view of what could happen at the Annual Meeting, and what is likely to happen after the vote, whether it passes or fails. 

Be sure to check out our Multiplier page, which includes news, documents, research articles, impacts on basketball and football division placements, and much more from numerous sources. It also features the original petition advanced by members of the Six Rivers, the schools that signed the petition, open enrollment data, and a letter sent by the WIAA Board of Control to all schools.

Before the Vote

There are four ways a WIAA Constitutional Amendment can be added to the Annual Meeting voting agenda.

Per the WIAA website, the Constitution of the WIAA provides that "a proposed amendment to the Constitution, Bylaws or Rules of Eligibility of this Association may originate (1) at the Annual Meeting of this Association, (2) in the Board of Control, (3) in the Advisory Council or (4) by petition in writing by the district administrator or high school principal of at least 10 % of the member high schools."

The Multiplier vote was placed on the ballot using the fourth option. The Six Rivers schools created a petition and sent it to other schools. With 66 schools signing it, it passed the 10% of membership threshold. Once the Board of Control verified the signatures and that the process was followed, it was automatically placed on the agenda.

This means neither the WIAA staff nor Board of Control can change or amend the proposal. In its current state, the vote is either Yes or No, with each member school in attendance at the meeting receiving one vote.

That doesn't mean there cannot be changes at the meeting however. Any proposed amendment could be changed, but it would need to follow WIAA parliamentary procedures. A school could make a motion to amend the plan, and if it received a second from another school, a vote could be held. For a change to the Multiplier or any amendment, a simple majority of the voting schools would need to vote in favor. Once the plan is amended, a vote to approve it would still be needed.

With such little time to review any proposed changes, it would seem unlikely that such a move would be successful.

However, another option would be for a school to make a motion to table the discussion and vote on the Multiplier until a later date, meaning next year's Annual Meeting. This would allow more discussion and research on the issue, including discussion at this fall's Area Meetings. 

There appears to be a good chance a motion to table will be made at the meeting based on the information we've received. Whether a majority of schools in attendance would vote to table it remains to be seen.

If the Multiplier fails

The Multiplier is certainly a contentious vote. If the proposal fails, it doesn't necessarily mean the debate will stop however.

There are a couple different ways the WIAA staff and Board of Control could see a rejection of the blanket 1.65 Multiplier. First, it could be seen as a confirmation of the WIAA's view, expressed in their Constitution, that schools will be treated the same and the purpose of the Association is "to promote uniformity of standards in interscholastic athletic competition..."

The WIAA has done research over the years on public-private issues, and rejected any potential changes to the divisional structure. A recent letter from the Board of Control to all schools showed the group has serious concerns about a Multiplier. Would a No vote on Wednesday galvanize this thought and in their eyes end the debate? That certainly could be.

However, there is a growing vocal group of schools and school administrators that are demanding something be done. It is hard to believe they will let it end so easily. If the vote fails, it would seem likely that schools would push the WIAA staff to continue to examine the issue and come up with alternative plans for membership consideration.

The WIAA, especially if the vote is close, could also see it as an issue that needs to be addressed based on feedback from the member schools. After all, regardless of their opinion on the merits or demerits of a Multiplier or other private school adjustment, they do answer to and represent their membership. Further discussions could be added to the Area Meetings, a committee could be formed to gather data and explore possibilities, or they could develop plans on their own for member consideration.

Even if the Multiplier plan is voted down, it would not be surprising to see some form of private school adjustment on the ballot again next year. Perhaps the same schools that advanced this proposal advance a different option via a petition that they feel would be more likely to pass, or the WIAA's efforts and feedback from schools results in the Board of Control adding an option to next year's agenda themselves.

If the Multiplier passes

If the Multiplier vote passes, it, like any passed Amendments, would become effective upon printing of the meeting notes and results in the next issue of the WIAA Bulletin. The next Bulletin is scheduled to be published in May. 

Based on the WIAA procedures, the Multiplier changes technically could be required for this spring's sports. However, if the Multiplier passes, the WIAA has indicated they will ask for a motion to delay implementation of the proposal until the 2014-15 school year, as brackets for spring sports have been set for several months, with teams knowing who they need to scout, etc. 

The Bulletin could also be published at the very end of May, after many of the spring sports playoffs have already begun. Regardless of how it comes about, it would seem very unlikely that the proposal would impact spring sports however.

As soon as the Multiplier proposal and vote was announced, one of the first things that came to many people's minds was the likelihood of lawsuits challenging its legality and legislative involvement.

We'll examine the second of those possibilities first, because it includes the biggest news.

WisSports.net has been informed by multiple sources that there are multiple bills being developed in the state legislature in the event the Multiplier is approved.

The "weakest" of the bills being developed would make it illegal for any public school to be a member of an association that has a Multiplier or treats private schools differently. The exact language of the proposed bill is unclear at this time, but it would effectively not allow the public schools to be WIAA members if there was a Multiplier. There are indications it would have support from the Governor's office.

Another more far-reaching bill being designed would remove the autonomy of the WIAA and force it become a subsidiary of the State of Wisconsin, under the control of the Department of Public Instruction.

A similar proposal is being investigated in Illinois, where broadcasters and newspaper publishers are pushing for legislative inquiries into the Illinois High School Association, with the possibility of the state government taking control of the organization. The Supreme Court case Brentwood Academy vs. Tennessee Secondary School Athletic Association found that state high school athletic organizations are state actors, which would open the door for the state to get involved.

If the WIAA fell under the state government, it would mean that not only would the Multiplier be on the table (and likely to be removed), but other aspects of WIAA rules under review possibly.

There is legitimate concern within the WIAA and schools that a government takeover of the Association would result in the Transfer Rule being looked at, along with several other issues.

Without getting too political, the current state government has been in favor of expanding opportunities for students outside of the traditional public schools, whether it's vouchers, school choice, or even a proposal last fall (that went nowhere) by one legislator that would have made it possible for home schooled or private school students to play on public school sports teams in their home districts with no constraints.

Rules that restrict the ability of non-public school students to participate in athletics would seem to be issues the legislature would be interested in overturning.

The possibility of action from the state government in some fashion appears to be quite high, with only the form of involvement and timing to be determined. The state legislature does not reconvene for a normal session again until January of 2015, so it could be a while before they would be able to act. There is the chance of a special session, but that option is usually reserved for larger issues.

One possibility is that a court injunction could be filed to delay implementation of the Multiplier until after the state government has had a chance to review it.

Which brings us to our next possibility if the Multiplier passes:  lawsuits.

There are a number of parties who could pursue court action, including schools themselves. In the last few years, several schools have taken the WIAA to court. Xavier sued to be reinstated to the basketball playoffs after being removed for use of an ineligible player, while Shorewood and Messmer sued to get back into the football playoffs. Going back to 1990, Milwaukee Hamilton sued to get back into the boys basketball playoffs after using an ineligible player, and Kettle Moraine threatened to sue as well for an issue of forfeiting games in football. 

With so much on the line and a past precedent for doing so, it would seem quite likely that a school or group of schools would pursue legal action to overturn the Multiplier.

The state's private school association, churches, dioceses, and private individuals could also file lawsuits. While Multipliers in other states have held up in court (and every state with a Multiplier has had to deal with legal action), it is not a guarantee that it would hold up in Wisconsin, especially with open enrollment at public schools being an unaddressed issue.

As mentioned before, possible lawsuits could ask for injunctions preventing the implementation of the Multiplier until the courts and/or state government can rule. Of course, even if the courts rule one way or another, there are appeals and possible escalation to higher courts. Any court action would result in considerable expenditures on legal fees by the WIAA. The Association is only a couple years removed from a lengthy legal battle with the Wisconsin Newspaper Association and Gannett newspapers over postseason media rights, which cost the WIAA a significant amount of money even though the courts ruled strongly in their favor.

Because of the likely state government and legal involvement, there is a good chance that even if the Multiplier passes, its implementation will at least be delayed and possibly overturned completely.

Wrap-Up

The Multiplier vote is likely to be close, whether it passes or fails. And no matter which way it goes, this won't be the end of the debate, nor the end of the process. The Annual Meeting figures to be quite contentious, and the next several months are likely to be so as well.

WisSports.net Content Manager Travis Wilson be live at the WIAA's Annual Meeting on Wednesday, providing up to the minute updates via Twitter. You can follow him at www.twitter.com/travisWSN or @travisWSN. Look for a full article on WSN along with additional analysis after the vote is complete.

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