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.
A 7’ Tall Tuba Player
October 11, 2016
In countless school and community gatherings all across Michigan, and in more printed pieces than I can remember, I have advocated for students to attempt to sample all of the diverse activities that a comprehensive high school has to offer ... both athletic and non-athletic activities. It is this variety that highlighted my own school experience and enriched that of my two sons.
Because of my outspoken advocacy for speech and debate and music and drama, I have been asked why I do not advocate that the Michigan High School Athletic Association serve and support those activities in the way it does sports.
The first and foremost reason is that those school programs are already well served by existing organizations in Michigan. But more fundamentally, I resist expansion of MHSAA authority to those activities because it would undermine the essential eligibility rules we must have for competitive athletic programs. I have seen this pressure in other states, but sports has regulatory needs that speech and debate and music and drama do not.
While the profile of some of these programs in some of our member schools is as high as any sports program in those schools, the competitive pressures are still different. No one is recruiting tuba players from one school to another. Debaters are not often subject to undue influence. Meanwhile, sports programs are under intense pressures that lead to athletic-motivated and athletic-related transfers, undue influence and other unsavory behaviors.
As I recently explained this rationale to my colleagues in neighboring states, all but one of which is an athletics-only organization like the MHSAA, one of my counterparts chipped in: "Well, we did once have a tuba player be recruited by and transfer to another school in our state. But he was seven feet tall and, in addition to playing in the band, he was the basketball team's highest scorer and most prolific rebounder."