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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.

Baloney

January 27, 2015

When I was in high school and college I worked a different job each summer, usually looking for hard labor that would help prepare my body for the next football season, and each time confirming that it would not be my choice for lifetime employment. One summer I worked at a lumber yard and paper mill complex along the banks of the Wisconsin River.
Every day I ate lunch with the men who had made this their life’s work; and I grew in ways both positive and negative as I listened to their conversations and tales. We all brought our own lunch pails.
One day, one of the more veteran employees opened his lunchbox and flew into a rage. “I can’t believe it,” he exclaimed. “Baloney again! I hate baloney.”
Trying to calm him down, another worker said, “If you hate baloney so much, just ask your wife to make you something else.”
To which the complainer replied, “That won’t work. I make my own lunches,” which resulted in an uproar of laughter from the rest of us.
I thought of this incident recently as I was preparing to meet with constituents about the rules they most love to hate: policies relating to coach and player contact out of season. Those are our most criticized rules.
But it occurs to me, if we don’t like the sandwich we’re eating – out-of-season coaching rules – we should remember: we made them ourselves, and we can change them. In fact, no one is in a better position to do so than we are. And no one has a greater duty to do so than we have, if we really are in need of a new recipe.