Disappointing Seasons
June 24, 2013
It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.
In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:
1. Place boys and girls in the same season in all sports; or
2. Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
3. Switch UP boys and girls seasons in either soccer or tennis.
For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.
As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.
In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.
The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!
In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.
Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.
Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.
Membership Renewal
May 23, 2017
Unlike classroom courses of our schools, the interscholastic athletic program requires opponents; and to help promote a level playing field for competition, the interscholastic athletic program requires some organization to provide a forum to assist in developing competitive standards and to help assure they are maintained. For many years, many schools have worked through the Michigan High School Athletic Association to establish a common set of rules, for the orderly administration of an interscholastic athletic program, which promotes academic integrity and competitive equity.
According to Michigan Attorney General Opinion #4795 of 1977, any local board of education that desires to do so may voluntarily join the MHSAA by adopting the rules of the association and agreeing to enforce those rules with respect to its schools. Institutional control remains the key to this organization.
MHSAA membership is free of charge, and there is no entry fee to participate in MHSAA tournaments. But while MHSAA membership is free of costs, it’s not free of responsibilities. The expectations of member schools include:
- Educating student-athletes, staff and other involved personnel about MHSAA rules and procedures.
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Monitoring compliance year-around.
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Investigating possible violations and reporting findings.
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Administering penalties.
Each school district that agrees to these responsibilities must say so by means of an annual board of education resolution. The resolutions have just been mailed to all superintendents for the 2017-18 school year.
Each school district that wishes one or more schools to participate in MHSAA tournaments and benefit from MHSAA services must schedule on its board of education agenda the adoption of the MHSAA Membership Resolution. The Resolution should be signed in sufficient time to prevent a lapse in membership (before August 1). A lapse in membership, even though for only a week, can create unnecessary problems should there be claims under the $1,000,000 accident medical insurance plan or the concussion care gap insurance or if eligibility rulings are to be made during that period.