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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 Solutions Approach

July 13, 2015

I had not been to New Orleans since Hurricane Katrina devastated the city, and I expected to see much change since my several visits before the flooding. What I discovered when I attended national meetings there recently was little change ... including most of the same sights, sounds and smells of years before. I expected the same of the national meetings ... “same-ol’ same-ol’.”
It has become tradition that the executive directors of the 50 statewide high school athletic associations meet twice during the annual summer meeting of the National Federation of State High School Associations in sessions separate from all other delegates to that large convention. It has also been customary for me to leave those sessions depressed as problem was heaped upon problem by the directors, with little attention to solutions.
However, between the two sessions this year, a small group of the executive directors talked about strategies to redirect the conversation; and the result of the second session in New Orleans was to develop a strategy for identifying and prioritizing the most significant problems of school-based sports, and then identifying and prioritizing the resources and alliances currently available, as well as those that could be developed through cooperative effort and strategic partnerships, to attack the most pressing problems.
The expertise to solve such problems has been in our room for years. What has been lacking is the commitment to a process that could move us from a group accomplished in citing problems and suggesting reasons for them to a group accomplished in working together to solve the most significant problems.
So, the “Big Easy” is and may remain pretty much as it always has been. But maybe future meetings of the National Federation, wherever they may be, will be undergoing substantive change.