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.

A Change Narrative

October 13, 2017

Here are five points to describe the essence of possible changes being processed by the Michigan High School Athletic Association for its transfer rule.

  1. We would move from a rule designed years ago for three-sport athletes to a rule that’s equally effective for regulating single-sport athletes.

  2. We would be treating all sports the same, regardless of season – fall, winter, spring. No longer would the transfer rule have a greater impact on winter sport athletes than fall or spring sport athletes.

  3. We would be getting out of the way of more “school of choice” parents who want to move a child from one school to another. If the student has not played a particular high school sport before, then eligibility is immediate in that sport ... at any level, and without any MHSAA Executive Committee action.

  4. We would be causing students who have played a high school sport (and their parents) to pause before they transfer. They would miss the next season in that sport unless one of the 15 stated exceptions to the transfer rule applies. (There is significant sentiment that this apply only to students who have played previously at the varsity level – i.e., if the student has participated previously only at the subvarsity level in a sport, that student could transfer and remain eligible at the subvarsity level; but this would be allowed one time only.)

  5. We would make it even tougher on students (and their parents) to circumvent the athletic-motivated and athletic-related transfer rules by eliminating the automatic residency exception in those special cases. (This is the most hotly debated of the changes being considered.)

The theme is “get out of the way of the benign transfers and get still tougher on the really bad ones.”