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.
Taking Our Half in the Middle
September 22, 2015
When there is a rule that is as frequently criticized for being too weak as for being too harsh, it’s likely the rule is just about right.
For every administrator and coach who complains that the transfer rule misses a situation where there is no question the student transferred for sports participation, there are as many administrators and coaches – and many times more parents – who plead for leniency under the transfer rule.
For every congested community in Michigan that offers students multiple school options, and some of those who participate in interscholastic athletics shop for the situation that best fits their needs or desires, there are many more communities in Michigan where few options exist, and transfers by student-athletes are both low in number and logical in nature.
For every call for a mandatory year-long, no-exceptions period of ineligibility to penalize athletic-motivated transfers, there are dozens of transfers by low-level, low-profile student athletes who do not deserve such draconian consequences.
For every statewide high school association in the U.S. that has a tougher transfer rule than Michigan, there are as many that have a weaker transfer rule; or, they have no rule at all because the state’s legislature intervened, usurped the association’s authority and overturned its over-reaching regulation.
The MHSAA transfer rule is not perfect and likely never will be, which is why it is among the two most reviewed and revised rules of the MHSAA Handbook. But the MHSAA transfer rule is on the right path. A dramatic detour will serve school sports badly.
What most negatively affects the administration of the existing transfer rule is the reluctance of administrators and coaches to report directly the violations they observe personally. If these people won’t do their part, they have no right to critique the rule or to criticize the rule makers.