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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 Change Narrative

October 13, 2017

Here are five points to describe the essence of possible changes being processed by the Michigan High School Athletic Association for its transfer rule.

  1. We would move from a rule designed years ago for three-sport athletes to a rule that’s equally effective for regulating single-sport athletes.

  2. We would be treating all sports the same, regardless of season – fall, winter, spring. No longer would the transfer rule have a greater impact on winter sport athletes than fall or spring sport athletes.

  3. We would be getting out of the way of more “school of choice” parents who want to move a child from one school to another. If the student has not played a particular high school sport before, then eligibility is immediate in that sport ... at any level, and without any MHSAA Executive Committee action.

  4. We would be causing students who have played a high school sport (and their parents) to pause before they transfer. They would miss the next season in that sport unless one of the 15 stated exceptions to the transfer rule applies. (There is significant sentiment that this apply only to students who have played previously at the varsity level – i.e., if the student has participated previously only at the subvarsity level in a sport, that student could transfer and remain eligible at the subvarsity level; but this would be allowed one time only.)

  5. We would make it even tougher on students (and their parents) to circumvent the athletic-motivated and athletic-related transfer rules by eliminating the automatic residency exception in those special cases. (This is the most hotly debated of the changes being considered.)

The theme is “get out of the way of the benign transfers and get still tougher on the really bad ones.”