Cooperative Concerns
July 12, 2016
When an organization receives positive media attention for a policy change, it’s probably best to accept the praise and get back to work. But that could be too easy and miss some teachable moments.
This summer, the Michigan High School Athletic Association has been the recipient of unqualified praise for allowing two or more high schools of any size to jointly sponsor sports teams at the subvarsity level, and for relaxing enrollment limits so that two or more high schools of the same school district could jointly sponsor varsity teams in all sports except basketball and football.
Media seemed to think that this was something revolutionary in Michigan. In fact, the concept of what we call “cooperative programs” in Michigan was borrowed from other Midwest states and began in Michigan during the 1988-89 school year when seven cooperative programs were first approved. Those seven co-ops involved 13 of the MHSAA’s smallest high schools.
Over the next almost three decades, policies have been revised over and over to assist students in schools of larger enrollments, sports of low participation and schools with special circumstances. All of this is admirable; but to be frank, not all results are positive.
The idea of cooperative programs is to increase opportunity. That has often occurred. But increasingly, schools are entering into co-ops not to create new opportunities for participation where they did not exist, but to save opportunities for participation where existing participation is declining – or worse, to combine two viable teams into one to save money.
This trend, and the slight softening of the fundamental principle of educational athletics – that each student competes for his or her own school’s teams – should soften the praise for our most recent expansion of cooperative programs in Michigan.
Entering 2016-17, the MHSAA has nearly 300 high school cooperative programs for nearly 500 sports teams, and nearly 100 junior high/middle school cooperative programs for approximately 340 sports teams. A growing number are not being created with the lofty goals of 1988-89. Instead of the word “create,” we more often see the word “survive” in the cooperative team applications.
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.