If there is excessive swinging with no contact...violation. However, just a few years ago, your partner would have been correct. It was a technical foul until sometime in the late 2000's.

Thanks for the follow up guys, yeah he was an old timer so that maybe explains it. And I normally do have my rule book in the bag and i went to grab it and I just had my manual. I took it out for reference after last season and never put it back. Thanks again.

Contact ??? Incidental, Common, Intentional, Or Flagrant ...
 

2012-13 Points Of Emphasis

2. Contact above the shoulders. With a continued emphasis on reducing concussions and decreasing excessive contact situations the committee determined that more guidance is needed for penalizing contact above the shoulders.

a. A player shall not swing his/her arm(s) or elbow(s) even without contacting an opponent. Excessive swinging of the elbows occurs when arms and elbows are swung about while using the shoulders as pivots, and the speed of the extended arms and elbows is in excess of the rest of the body as it rotates on the hips or on the pivot foot. Currently it is a violation in Rule 9 Section 13 Article.

b. Examples of illegal contact above the shoulders and resulting penalties.
1. Contact with a stationary elbow may be incidental or a common foul.
2. An elbow in movement but not excessive should be an intentional foul.
3. A moving elbow that is excessive can be either an intentional foul or flagrant personal foul.

An up to date rulebook wouldn't help if there was contact. It was a Point of Emphasis a few years ago and, as we all well know, they evaporate after one year. Poor rookies. Stupid NFHS.

I am a older that an "old timer" and I can remember when the NFHS and NCAA rule that excessive swinging of the elbows without contact was just a violation and then the NFHS made it a TF and then the NFHS changed it back to the same as the NCAA rule.

MTD, Sr.

This is exactly what happened the other night...although it was a rookie HC not partners. I call an IF for contact above the shoulders and the HC naturally questions it. I explain the rule and he says he's never seen it..."show me that in the book then" I go in at half and scour the book...nothing. Me and my partners all thought we had been dreaming! I'll have to start carrying a library or old rule books with me in the future.

So is that 12-13 POE still in effect then? Is it just an extended interpretation of the intentional foul rule?

It's still in effect here. Your state might vary.