Channeling Change

May 7, 2014

In the ubiquitous discourse about global warming and rising seas, one school of thought follows this thread: (1) global warming’s fundamental cause is beyond human behavior; but (2) changing human behaviors could slow the rate of warming; and (3) these changed behaviors would improve the environment and the quality of existence for all the globe’s life forms and therefore should be promoted even if they cannot affect the ultimate warming of the planet. 

Among those who admit to the inevitability that the planet will continue to warm regardless of humans’ best efforts are those who believe we should be planning for elevated sea levels now, not by working on ways to keep the rising waters out, but on innovative means of letting the water in.

With the Dutch, for example, among models, it is suggested that coastal communities begin today to build networks of canals that allow water to flow inland along planned routes that people can use and enjoy, and that the seawater be directed to places desperate for hydropower or where this seawater can be made free of unwanted species and fresh for human use and agriculture. 

Rather than building walls to keep the water out, build canals to let water in to be cleansed and used for our betterment.

This caused me to wonder if this kind of thinking would help us in school sports to reframe discussion on problems that seem too large for us to solve. Like the negative influence of non-school sports on interscholastic athletics and rules that limit out-of-season coaching of students by school coaches.

Out-of-season coaching is one of the focus topics for the MHSAA during the second half of 2014, and this image in response to global warming is one of several we may use to reframe discussion before we attempt to rewrite the rules. Are there ways to channel negative situations toward positive results . . . without the threat of introducing invasive species?

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.