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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 Healthy Future

April 24, 2015

As stated in this space a week ago, the 2015-16 and 2016-17 school years complete an eight-year period during which we have addressed for two years each Health Histories, Heads, Heat and Hearts.
What will the following two years – 2017-18 and 2018-19 – bring? Here are some aspirations – some predictions, but not quite promises – of where we will be.
First, we will have circled back to the first “H” – Health Histories – and will be well on our way to universal use of paperless pre-participation physical examination forms and records.
Second, we will have made the immediate reporting and permanent recordkeeping of all head injury events routine business in Michigan school sports, for both practices and contests, in all sports and at all levels..
Third, we will have promoted more objectivity and backbone to removal from play decisions for suspected concussions at both practices and events where medical personnel are not present.
Fourth, we will have provided a safety net for families who are unable to afford no-deductible, no exclusion concussion care insurance that insists upon and pays for complete recovery from head injury symptoms before return to activity is permitted.
All of this is for all sports on all levels, both genders.
We should be able to do this, and more, without judicial threat or legislative mandate. We won’t wait for others to set the standards or appropriate the funds, but be there to welcome the requirements and resources when they finally arrive.