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.
Striking A Balance
January 23, 2018
This past fall, the feature topic of the seven Update Meetings of the Michigan High School Athletic Association was the Transfer Rule ... its history, rationale and reasons why it should and shouldn’t be altered to counter the transfer epidemic that school of choice laws and the youth sports travel team culture have infected upon school-sponsored sports in this and other states.
The Update Meeting presentation included cautions that, while the vast majority of school administrators and coaches want a tougher and tighter transfer rule with longer periods of ineligibility and fewer exceptions that permit immediate eligibility, many people outside of school sports believe such changes would infringe upon their individual choices; and even some people involved in school sports at the local level lose interest in supporting the rules already in place when they are applied to their own situation.
The Update Meeting concerns have been legitimized during more recent months in both high and low profile situations.
There are suggestions that the MHSAA should have an investigations department to search for and penalize athletic-oriented transfers and unscrupulous acts by coaches, parents and others. Which is a foolish notion. The MHSAA does not have subpoena power, can’t perform wiretaps, and cannot devote the personnel and other resources that an investigations department would require. Even with hundreds of millions of dollars in resources, the NCAA has not been able to execute that function for intercollegiate sports, and recently the FBI stepped in to do the difficult work.
As has been its long-standing and generally effective practice, the MHSAA relies heavily on its member schools to help enforce its rules, which schools agree to do as a condition of their voluntary membership.
At the other extreme are suggestions to do away altogether with transfer eligibility rules. Let anything and everything go. Which is what we call the AAU, an incompatible approach to student-centered, school-sponsored sports.
Striking a balance is a difficult, but worthwhile endeavor. To that end, the MHSAA Representative Council works tirelessly on behalf of member schools to establish the proper set of rules to create competitive equity.