MHSAA explains ruling MSU basketball commit Thomas Kithier ineligible

The MHSAA provided clarity on Friday after ruling Clarkston senior and Michigan State basketball commit Thomas Kithier ineligible for the 2017-18 season.

After spending his first three years at Macomb Dakota, Kithier enrolled in the Clarkston district in August but was ruled ineligible to play basketball at Clarkston for what the MHSAA ruled was an athletically motivated transfer.

The basis of the MHSAA’s ruling was that Kithier transferred to play with Clarkston senior point guard Foster Loyer, an AAU teammate over the summer. The MHSAA noted on Friday that Kithier, 18, moved into the Clarkston school district without his parents, which would have made him ineligible until Jan. 15, 2018 unless principals from Clarkston and Dakota signed an Educational Transfer Form.

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Clarkston Community Schools, in a news release Thursday, said the investigation into Kithier’s eligibility came as a result of complaints filed by Dakota. The release also stated Dakota refused to sign Kithier’s Educational Transfer Form, which would have made him immediately eligible if not for the MHSAA ruling the transfer was athletically motivated.

“Thomas and his family found themselves in an academic situation he could not benefit from and a toxic cultural environment that was untenable and unhealthy,” Clarkston principal Gary Kaul said in the Thursday release. “By blocking this transfer, Dakota administration demonstrated that they do not have Thomas’ best interest in mind.”

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Attempts to contact Dakota administrators were not successful on Thursday

Here are the points the MHSAA outlined in its news release on Friday.

♦ Kithier’s change off residence during the summer of 2017 was on his own to a condominium in Clarkston without his parents, which made him ineligible until Jan. 15, 2018 without the completion of an Educational Transfer Form signed by principals from both Clarkston and Dakota.

♦ An Educational Transfer Form is required for transfers that meet three exceptions to the MHSAA Transfer Rule: 1. Change of residence by a student between the homes of divorced parents or parents who never married; 2. Change of residence by an 18-year-old who moves without his parents; 3. Change of residence to a boarding school. This basketball player is 18 years old. The Educational Transfer Form requires both school principals to certify the transfer is “not significantly related to or motivated by athletics.” The student’s previous school did not complete the form.

♦ The student’s previous school (Dakota) then made a formal allegation that the transfer was primarily for athletic reasons and that the student should be ineligible for a total of 180 scheduled school days under the Athletic Motivated Transfer Regulation.

♦ In neither Clarkston’s written appeal nor its presentation to the Executive Committee has it been stated the family has made a full and complete change of residence into the Clarkston school district. The mother’s affidavit of Nov. 13, 2017 attested she and her husband did not reside in Clarkston with their son, but in Macomb. Under the Athletic Motivated Transfer Regulation, a full subsequent move by the family would not reduce the 180-day period of ineligibility.

♦ The MHSAA office found Clarkston had not partaken in undue influence (recruiting) to secure the transferring athlete. The point was acknowledged by the school itself in writing on Nov. 14. It was reiterated when the MHSAA handed down the Executive Committee decision earlier this week.

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An initial version of this story