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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 Can-Do Response

January 5, 2015

Michigan has a tradition of some of the nation’s most lenient out-of-season coaching rules, especially in the summer; and yet, the few rules we have are sometimes blamed for driving students to non-school programs.
Nevertheless, there is some validity to the criticism. It is observably true that non-school programs seem to fill every void in the interscholastic calendar. The day after high school seasons end, many non-school programs begin. The day a school coach can no longer work with more than three or four students, a non-school coach begins to do so.
The challenge is to balance the negative effects of an “arms war” in high school sports against driving students toward non-school programs. It’s the balance of too few vs. too many rules out of season.
The out-of-the-box compromise for this dilemma could be to not regulate the off season as much as to conduct school-sponsored off-season programs in a healthier way than they normally occur, i.e., to move schools back in control of and in the center of the non-school season. To not merely regulate what schools and coaches can’t do, but actually run the programs they can do and want to do.
Of course, this would require more of what schools have less of – resources. School administrators who may be in agreement that schools should operate off-season programs to keep kids attached to in-season programs still balk because they lack resources. At a time when resources are being cut for basic support of in-season programs, how could they justify spending more for out-of-season outreach?
Ultimately, in discovering the sweet spot for out-of-season interaction between school coaches with student-athletes, we need to give at least as much attention to providing more opportunity for what they can do together as for what they can’t do.