Correctable Error?
May 30, 2017
A decade has passed since the court-ordered change in several sports seasons for Michigan high schools. Ten years has brought resignation more than satisfaction; and yet there remains hope in some places that the new status quo is not permanent, at least for those sports seasons changes that were and are seen by many people as collateral damage in a fight over seasons for girls basketball and volleyball.
Actually, the lawsuit sought to place all girls seasons in the same seasons as boys, like college schedules. The federal court did not require simultaneous scheduling; but the court did bring the intercollegiate mindset to the case. It determined, regardless of other facts, that the intercollegiate season was the “advantageous” season for high school sports. And the principle upon which it approved the compliance plan for high school sports in Michigan was that if all the seasons were not simultaneous for boys and girls, then there should be rough equality in the number of boys and girls assigned to “disadvantageous” seasons.
So, for example, from the federal court’s perspective, fall is the advantageous season for soccer, winter for swimming & diving, and spring for tennis. As for golf, the court opined that, even though it’s not the season of the NCAA championships, maybe fall was the better season. The court began with tortured logic and ended with hypocrisy.
As a result, in the Lower Peninsula, regardless of the preferences of the people involved, girls and boys had to switch seasons in two sports to even up the number of boys seasons and girls seasons in what the court had determined were disadvantageous. Schools thought the switch of golf and tennis for the genders was less injurious than switching soccer and swimming.
In the Upper Peninsula, because swimming and golf are combined for the genders in the winter and spring, respectively, the court’s option was to switch boys and girls seasons for either soccer or tennis. The schools chose soccer as the least disruptive change.
As people count the damaging effects and think about challenging the court-ordered placements a decade later, they must understand the court was looking for balance, for having the genders share the burden of participating in disadvantageous seasons. Moving Lower Peninsula boys golf to join girls in the fall and/or switching Lower Peninsula boys and girls tennis back to what was preferred and in place before judicial interference would recreate the imbalance the federal court conjured up and sought to remedy.
Those of us involved see many advantages to conducting fall golf for both genders in the Lower Peninsula and switching Lower Peninsula tennis seasons for boys and girls, no matter when colleges schedule those sports or how impractical the court’s logic and how inconsistently it was applied. Nevertheless, correcting the court’s errors could be both contentious and costly.
By The Book
January 16, 2018
The Michigan High School Athletic Association is unfairly criticized by the uninformed for inconsistently administering the Transfer Rule.
That some students are eligible and others not after a change of school enrollment is the result of 15 stated and necessary exceptions within the Transfer Rule that can cause some students to be immediately eligible while others have to wait about one semester before they become eligible to participate for their new school. The rule, as written, with 15 pretty cut-and-dried exceptions, is consistently applied.
Some students have their ineligibility extended from one semester to two because an athletic-motivated transfer was alleged by the student’s previous school and confirmed by the MHSAA, OR because one of the listed athletic-related links was found to be present by the MHSAA without any school needing to make a written allegation of an athletic-motivated transfer. Some students have their eligibility extended further – up to four years – because they transferred as a result of undue influence (athletic recruitment).
So, if you read that one student transferred without any loss of eligibility, and another transfer lost one semester of eligibility, and another lost two semesters of eligibility, and another student lost even more, it is a function of the specific rules involved and their application to the specific facts of the different students’ situations.
It’s not bias, but the book (the Handbook that all member schools adopted); it’s not favoritism but how the rule applies to the facts of each case.