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.
Unjustified
December 11, 2015
The MHSAA has taken some unjustified criticism about the last-minute cancellation or relocation of several boys basketball games scheduled for the University of Detroit-Mercy earlier this week.
Unjustified because we would have liked the event to have been successful for our schools involved and a venue (Calihan Hall) we use often for MHSAA events.
Unjustified because the failure to follow interstate sanctioning rules was not our fault.
Unjustified because those who were in charge failed to respond to several outreaches well in advance of the event that were intended to inform or remind the organizers to seek and obtain proper approvals.
Unjustified because those approvals are a required part of the sanctioning policies and procedures of the national organization to which we belong, and which applied as much to the out-of-state schools as to our own.
Unjustified because critics now blame the problem on travel distance restrictions, which was not the issue at all. The travel was well within the generous limitations that exist.
What was at issue was the requirement that interstate events that are sponsored or co-sponsored by entities other than member schools must have the prior approval of each of the state high school associations involved, as well as the approval of the National Federation of State High School Associations (NFHS). This flows from the original purpose of the NFHS which was to bring accountability to interstate events at the high school level operated by colleges and commercial organizations.
We expect our schools to follow established rules of their state association, and we try to model that expectation by following the rules that apply to the MHSAA within its national organization.