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.
RESPECTING RULES
November 20, 2015
For nearly a full century, the high schools of Michigan have stood in opposition to national high school athletic championships. As they existed in the early years of school sports, and even today, such events have very often exploited students and benefited commercial sponsors most. Such events are beyond the limited resources of most local schools; and allowing one school to participate tends to require other schools to go to the same extremes to remain competitive, creating the kind of arms war in school sports that now drives college sports further and further from their academic mission.
A decade ago, Michigan school districts added the following language to permit participation in national scope tournaments by individuals and groups of young people who had no connection to or similarity with a school team on which they had participated during the school season. The full and complete rule states:
A national high school championship includes any athletic event, regardless of title, which attempts to draw to it or its qualifying rounds only the top place winner or winners from more than one state high school association championship meet or is based upon high school regular-season or postseason tournament performances. A student may participate without loss of eligibility if all of the following conditions are met:
a. The event is not called or promoted as a national high school championship;
b. Qualification is not based on performances in the high school season or MHSAA tournament results;
c. The event is open to all non-school teams or individuals who qualify directly through one or more non-school events, or the event is without qualifying standards and is open to any individual who pays the entry fee;
d. If a team event, teams are not to be made up of students from a single MHSAA member school;
e. Teams and individuals do not represent an MHSAA member school; and
f. No MHSAA member school uniforms, transportation, funds or coaches are involved.
It is important to note that included in the universe of unapproved events are those tournaments, regardless of what they are named or for which there are qualifying rounds, which ATTEMPT to draw the best performers from the high school season. Whether or not this attempt is successful ... whether the event attracts the best performers or only the second-, third-, fourth- or worse performers ... the student-athletes of Michigan school districts may only participate if there is compliance with ALL SIX elements listed.
The intent of part "d" of the rule is to help assure that the participating teams from Michigan really and truly are NOT school teams, and to assure that no school team is masquerading as a non-school team but really extending the season beyond the limits agreed to by all school districts, thus undermining the fairness that other schools expect.
This 10-year old rule has been applied to every circumstance brought to the MHSAA's attention and to countless more where school districts knew and followed the rule without guidance from the MHSAA. It is such respect for rules that we honor and encourage, even as the organization facilitates a thorough vetting of rules prior to school districts joining the MHSAA by local board of education action each year.