Pitch Perfect

August 5, 2016

The national rules of high school baseball for the 2017 season will require for the first time that state high school associations adopt policies and procedures that limit the number of pitches that an individual player may make over a specified number of days.

Presently, Michigan High School Athletic Association rules state that a student may not pitch more than three consecutive days regardless of the outs pitched, and shall not pitch for two calendar days following that in which the player pitched his 30th out.

In the past, there has not been consensus among Michigan high school baseball coaches or support by the MHSAA Baseball/Softball Committee to impose a specific pitch count; and the new national rule does not prescribe what the maximum count should be or how it should be applied.

The MHSAA will convene a group of coaches and administrators this month to discuss the many questions created by the nebulous national mandate. The group’s challenge is to craft a rule that will not result in students pitching more than they do under the current rule, especially at earlier grade levels, and a rule that is as simple to monitor and manage as the current rule.

The proposal of this study group will be reviewed by baseball coaches and school administrators throughout Michigan before submission for action by the Representative Council in December.

Michigan’s climate and culture within high school baseball probably makes a change in the MHSAA pitching rule unnecessary for the high school season. And sadly, any change made for high school play is likely to have little or no effect on the summer and fall ball that may be much more damaging to young arms than the high school season which often is much more restrained in the number of games per day and per season than non-school baseball.

We can hope, of course, that the additional focus on pitching risks at the high school level will be seen and taken seriously outside the high school season.

Cheering for Equal Opportunity

February 14, 2017

Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.

Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.

Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.

The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.

Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.

Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.

  • A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.” 
  • A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”

The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.

The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.