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.
Sounds of Silence
April 12, 2015
I write in the early morning hours for the same reason birds sing then – it’s quiet. Birds can hear their voices, and I can hear my thoughts.
It is during the uncontested moments of the day that I can try out ideas – test them on paper. Yes, on paper! My most creative and productive process still employs a legal pad, a pencil and an eraser. The physical process of writing the words, looking at them, and often erasing what doesn’t make sense to my mind or sound right to my ear as I read it aloud.
The task of written communication has become more difficult during the four decades I’ve been engaged in this enterprise. While the work has become more complex and requires more nuanced discussion, the space available for careful comment has been reduced. Pretending cleverness or profundity, texts and tweets often do more harm than good to promote creative and productive discourse.
I am rarely provided the luxury of long-form journalism in this modern age. Even a “feature” article in a prestigious national professional journal is expected to be less than 1,500 words.
Modern scribes must boil down complicated matters to brief blogs like this one, hoping in a few short paragraphs to share an insight worth reading and to suggest a response worth doing.
The insight here? Silence is golden.
The suggested response? Seek a solitary space to describe and defend what it is that you hear in that silence.