Beyond the Noise
September 13, 2013
It has been said that when the law is not in your favor, then argue the facts; or when the facts are not in your favor, then argue the law; and when neither supports what you want, then just argue.
And this is the time of year when we are reminded that old adage is true.
It is in August and September when the MHSAA staff processes more eligibility questions and the MHSAA Executive Committee considers more requests to waive eligibility rules for individual students than at any other time of year. Often it is the least meritorious cases that create the loudest noise.
It is during these months and the next that the MHSAA deals with the most stressful of forfeitures caused by the participation of ineligible players. When an ineligible student plays in a varsity football game, that forfeiture not only means the loss of that game; that loss could also mean the team loses a spot among the qualifiers in the Football Playoffs.
Difficult eligibility and forfeiture cases sometimes make for good publicity for the individuals involved, but they can create bad precedent for the future of the program if it is only those noisemakers who are listened to and served.
Correctable Error?
May 30, 2017
A decade has passed since the court-ordered change in several sports seasons for Michigan high schools. Ten years has brought resignation more than satisfaction; and yet there remains hope in some places that the new status quo is not permanent, at least for those sports seasons changes that were and are seen by many people as collateral damage in a fight over seasons for girls basketball and volleyball.
Actually, the lawsuit sought to place all girls seasons in the same seasons as boys, like college schedules. The federal court did not require simultaneous scheduling; but the court did bring the intercollegiate mindset to the case. It determined, regardless of other facts, that the intercollegiate season was the “advantageous” season for high school sports. And the principle upon which it approved the compliance plan for high school sports in Michigan was that if all the seasons were not simultaneous for boys and girls, then there should be rough equality in the number of boys and girls assigned to “disadvantageous” seasons.
So, for example, from the federal court’s perspective, fall is the advantageous season for soccer, winter for swimming & diving, and spring for tennis. As for golf, the court opined that, even though it’s not the season of the NCAA championships, maybe fall was the better season. The court began with tortured logic and ended with hypocrisy.
As a result, in the Lower Peninsula, regardless of the preferences of the people involved, girls and boys had to switch seasons in two sports to even up the number of boys seasons and girls seasons in what the court had determined were disadvantageous. Schools thought the switch of golf and tennis for the genders was less injurious than switching soccer and swimming.
In the Upper Peninsula, because swimming and golf are combined for the genders in the winter and spring, respectively, the court’s option was to switch boys and girls seasons for either soccer or tennis. The schools chose soccer as the least disruptive change.
As people count the damaging effects and think about challenging the court-ordered placements a decade later, they must understand the court was looking for balance, for having the genders share the burden of participating in disadvantageous seasons. Moving Lower Peninsula boys golf to join girls in the fall and/or switching Lower Peninsula boys and girls tennis back to what was preferred and in place before judicial interference would recreate the imbalance the federal court conjured up and sought to remedy.
Those of us involved see many advantages to conducting fall golf for both genders in the Lower Peninsula and switching Lower Peninsula tennis seasons for boys and girls, no matter when colleges schedule those sports or how impractical the court’s logic and how inconsistently it was applied. Nevertheless, correcting the court’s errors could be both contentious and costly.