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.
Mission Control
May 5, 2015
As we survey all that might be done in the future to improve the health and safety of student-athletes, it is good discipline to look to the past and recall when hype or hysteria caused well-intentioned people, and some not-so-well-intentioned people, to campaign for solutions to problems that either did not exist or could not be effectively addressed through mandates on school sports.
Over the years, school sports has been asked to address much more than what occurs on the practice or playing field. We’ve been asked to address drunk and then distracted driving; bulimia and bullying; texting and sexting; hazing and homelessness; seat belt use and steroids, which provides a perfect example of the limitations of fixing societal problems through mandates on school sports programs.
After more than a decade of voluntary educational efforts and just about the time when steroid use in schools began to trend downward, state legislatures caught wind of the “problem” and perhaps of potential political gain.
The University of Michigan Institute for Social Research reports that steroid use has been declining since 2005, which was just before the first state – New Jersey – enacted a law requiring schools to test high school athletes. Undaunted, the Texas legislature followed suit three years later. Undeterred, the Florida legislature followed the next year, and then Illinois lawmakers acted.
Florida discontinued its mandated drug testing program after just one year, and Texas is about to end its program, after spending nearly $10 million. Florida conducted 600 tests. Texas ran more than 60,000. Florida had one positive test. Texas reported less than one percent positive tests.
Because leaders of school sports have the statistics to link sports participation with improved attendance, achievement and attitude at school, we make our programs vulnerable to assault by passionate people who want our good programs to fix their bad problems. We have to be careful to avoid a situation where, in trying to address so many of society’s problems, we actually solve none; and worse, become distracted from our core chore of conducting safe, fair and sportsmanlike programs that make schools a happier, healthier place for student academic achievement.