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Attitude Adjustment

June 3, 2014

One of the privileges of my job is the opportunity to speak at uplifting season-ending or year-ending events of MHSAA member schools. No matter how busy or burdensome the day has been, these evening assignments always improve my attitude. They sharpen my vision of the core values of school sports and deepen my commitment to the cause of educational athletics.
This was the case when I accepted a last-minute invitation to address senior athletes, parents and staff on a Monday evening in May at a Class A school near Lake Michigan. I was there to address this audience; but the best part of the evening for me was to hear administrators, coaches and boosters talk about student-athletes and observe parents soaking up the moments and messages.
This school gave special recognition to three seniors who participated in all 12 seasons of their high school experience. The school honored 49 students who had earned four or more high school letters, including 22 who had earned six or more. Clearly, there is an important place for the multi-sport student at this school, and this school places a high value on the multi-sport experience.
Twelve students (ten girls and two boys) will be receiving some type of financial aid to college with the expectation that they will play intercollegiate athletics, but only one of those is to a Division I university; and that’s for women’s track & field. She’s the school’s record holder in both the shot put and discus, but she looks more like a ballerina.
That’s part of the joy of these events . . . seeing the different ways our high school student-athletes are packaged. I always smile when, for example, the 112-pound wrestler, six-foot volleyball player and rail-thin golfer are called up to receive the same award; and I’m always charmed when a coach calls his petite softball player a “bulldog.”
My commitment to providing a diverse, values-driven athletic program in a school setting – with opportunities for the tall, short, slender and stout – has never been greater, encouraged once again by sharing an evening with those who are the heart and soul of school sports.

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.