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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.
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Not Right for Us
March 7, 2017
The proposal to utilize KPI Rankings to seed the District and Regional rounds of the MHSAA Boys and Girls Basketball Tournaments should not be adopted by the Michigan High School Athletic Association.
This is no criticism of KPI Rankings per se, or of its creator who is assistant athletic director at Michigan State University; but it’s not the right thing to do for our statewide high school basketball tournaments.
The KPI rankings is one of a half-dozen means used by the NCAA to seed its Division I Men’s Basketball Tournament. But the proposal before us is that KPI rankings become the one and only system for seeding the MHSAA’s tournaments. There would be no other criteria and no human judgment.
The result would be seeding that misses important details, like which teams are hot and which are not at season end, and which teams have recently lost players to injuries or ineligibilities and which have had players return.
KPI ranks teams on a game-by-game basis by assigning a value to every game played. A loss to an opponent with a poor record is considered a “bad loss” and has a negative point value. A win over an opponent with a good record is considered a “good win” and earns a positive point value. Margin of victory is a factor.
This is a nice tool for the NCAA to use, along with a variety of other tools and considerations that its billion-dollar budget can accommodate, but none of which is proposed for seeding the MHSAA tournaments. KPI Rankings is not sufficient as the one-and-only seeding criterion for MHSAA tournaments.
Moreover, dependence on a seeding system owned by a single individual, who is outside the MHSAA office, and who has the potential to move from MSU to anywhere across the USA, is a poor business strategy.
If there is to be seeding, there are more appropriate ways to do it for the high school level. But first there needs to be clearer consensus that seeding is a good thing to do, philosophically and practically. In the MHSAA we do this sport by sport, and level by level. And the jury is still out for seeding in Michigan high school basketball.