Considering the Unrepresented
November 22, 2011
When I interviewed for the job of MHSAA executive director in the spring of 1986, I was asked about my administrative philosophies and approaches to problem solving. I don’t recall now all I said then, but I do clearly remember saying I would “err in favor of kids.” I meant that, when a difficult situation presented an unclear choice, I would give the benefit of doubt to kids.
That was somewhat naïve, I suppose; but I still do bring that mindset to situations that appear to be a toss-up.
Over the years I’ve stumbled upon or consciously cultivated other lessons for myself, and I have shared some of them with my dedicated colleagues at the MHSAA. Of many, here’s the first of six (the other five will be presented in subsequent blogs): Consider those not in the room or not at the table.
When people propose a change in a rule, consider where they are coming from, and consider those who are not present who may have different circumstances, perspectives and needs.
If the proposal is from large schools, consider how it might affect small schools. If from southern schools, how it might affect northern schools. If from suburban schools, how it might affect urban or rural. If from football coaches, how it might affect other sports; if from a winter sport, how it might affect fall or spring sports.
When people seek from the Executive Committee waiver of a particular rule on behalf of one student, ask how that waiver would affect those not present against whom this student would compete.
When someone seeks relief from a penalty, ask how that will affect those not present, including those who have received the penalty in the past or should receive the penalty in the future.
Considering those who are not in the room who may be affected by a proposal by those who are in the room has been a gift given to me by Keith Eldred of Williamston who served on the Representative Council over 25 years ending in 2008.
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.