Changing Culture
August 21, 2012
It has made good sense that the MHSAA limit its attention to those matters of schools that are related to sports, and leave to others the problems and programs that involve all students and the entire school. But for several subjects, this general rule needs exceptions. For example . . .
Over the years we have introduced tobacco, alcohol and other drug use awareness programs through school sports programs, noting that student-athletes can be the leaders to most efficiently change the attitudes of the larger student population. This has met with modest success; but there are troubling studies that indicate male athletes are actually more likely than other students to use and abuse alcohol. So today we can justify the use of resources on tobacco, alcohol and other drug education not only because it is helpful for reaching other students, but also because the sports program itself needs this attention.
In the wake of a hazing tragedy in the marching band program of one university and the sexual abuse tragedy in the football program of another, I have been convicted to think more about programs under our watch here at the MHSAA and to think about how local school sports programs can be involved in improving the safe culture of our schools, which from time to time even here in Michigan have witnessed embarrassment and heartbreak.
Here at the MHSAA we are reviewing and plugging holes in our policies and procedures for MHSAA events where adults and students directly interact, which occurs much more now than a decade ago. This includes everything our Student Advisory Council does, our Women in Sports Leadership Conference and other student leadership events, as well as the locker room and lodging policies for MHSAA tournaments. It is likely that many local schools are years ahead of us on such policies, and we will learn and borrow from them.
Where schools might do more is to address bullying, hazing and all other forms of harassment; and it may be that – as with tobacco, alcohol and other drug education – sports not only can be used as a vehicle for changing the culture of schools, sports may also have a special need for the attention, and for a change in culture.
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.”
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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.