Bathroom Breaks

April 29, 2016

Restrooms and locker rooms have become the front line of the latest civil rights battle in America, with collateral damage to school sports possible.

The laws of the land (local, state and federal) are presently conflicting and unclear; but ultimately, they are likely to be liberally construed. In the meantime, it will be discouraging to observe litigation that pits one person’s rights to access against another person’s right of privacy.

What we advocate is a safe and supportive environment for all students, with as many decisions as possible made at the most local level possible where resources can be best assessed and allocated.

We take no political or religious position; we are on the side of students, facilitating opportunities for gender questioning or confirming students while promoting a fair and level playing field in competitive athletics for all students.

To preserve opportunities for females and consistent with state and federal statutes and a long history of case law, Michigan High School Athletic Association rules do not allow boys on girls teams in MHSAA postseason tournaments. Therefore, the only time the MHSAA is directly involved is when a male student is transitioning to female and desires to play on an interscholastic team designated only for females in MHSAA tournaments. We decide about eligibility only; local schools make the necessary accommodations.

If a student’s gender preference of male is disputed by facts, that student may not be allowed on tournament teams designated for females only. Each decision is made on a case-by-case basis, balancing the objectives of promoting both opportunity and fair play.

The Imperative of Institutional Control

March 13, 2018

Of the various criticisms about the MHSAA’s handling of transfers, these three have the ring of some validity:

  • The Transfer Rule is too complicated.

  • The Transfer Rule is poorly understood at the local level, and thus unevenly administered.

  • The MHSAA office is ill-equipped to police the transfer scene.

The language of the Transfer Rule has expanded from a few sentences to many pages over its 90-year lifetime. This is the result of changes in schools, sports and society, as well as people operating at the edges of the rule, which has led to a rule that has attempted to cover more circumstances with more specificity year after year.

This increasingly nuanced rule takes both training and time. The MHSAA does an excellent job of providing training online and in person, but local administrators are not putting in the time – they can’t! They are usually less experienced but given more non-sports duties than athletic directors of 10, 15 and 20 years ago; and they are leaving the profession after shorter careers. They often lack the training and time to do the complicated and potentially contentious tasks, including Transfer Rule administration.

Overwhelmed local athletic directors are not shy about contacting the MHSAA office for assistance in interpreting and applying the Transfer Rule. These incoming questions dominate the time of MHSAA staff who have many other duties, including the administration of MHSAA tournaments in 14 sports for each gender.

Lacking sufficient staff time and subpoena power, the MHSAA must depend on local school administrators to police their own programs, communicate with their neighbors, and report what they believe might be violations within their own and nearby programs.

While we keep working on the language of the Transfer Rule, we harbor no illusions that it will become simpler to understand and enforce. That’s just not how the modern world works ... everything becomes more complicated. Which may only make it more unlikely that schools will dedicate the time and talent necessary to assure that the principle of “institutional control” is practiced by MHSAA member schools.

However, if we give up on that principle, no amount of oversight by the MHSAA office will ever be enough to police school sports in Michigan ... not just to monitor transfers, but also to attend to the dozens of other elements that distinguish educational athletics.