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.
Grabbing Game-Changers
October 6, 2017
The Michigan High School Athletic Association has not been standing still while the athletic transfer situation has devolved into an eyesore for educational athletics.
Twenty years ago (1997), the association adopted a rule that extended from one semester to 180 scheduled school days the period of ineligibility in all sports for a student whose primary reason for changing schools is alleged and confirmed to be athletics.
In 2014, dissatisfied with the infrequency of that rule’s use and the difficulties it created between schools, the association adopted the “links” rule – the athletic-related transfer rule. This extended ineligibility from one semester to 180 scheduled school days in a particular sport when a non-school experience in that sport links the student to the school team to which he or she is transferring.
The newer rule has been easier to use. It doesn’t require that an allegation be made by the administration of the school from which the student is transferring. It has been less likely to pit one school against another, but more likely to pit parents against the MHSAA.
The new rule has been best used as a deterrent before a student transfers ... a warning. But the rule is of no use if one of the 15 exceptions that provides for immediate eligibility applies – for example, if there was a full and complete change of residence.
That is a gap that gnaws at those who want to nab the “game changers” – those transfers who add to the status of one team while dashing the dreams of another.