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.
Official Results
August 15, 2017
We enjoy some privileges serving on the Michigan High school Athletic Association staff. However, one privilege we do not have is to ignore rules when we don’t enjoy their application.
One of the rules of Michigan school sports for very many years is that there is no protest of or appeal to the decisions of contest officials. Whether it is a traveling call in basketball, a safe/out call in baseball or softball, a five-yard illegal motion call, a 10-yard holding call, or a 15-yard unsportsmanlike conduct call in football with player or coach ejection, the call is final; and if the penalty calls for next-game disqualification, that is final too.
If after a contest, an official wishes he or she could take back a call, it’s too late. If after a contest, folks pressure an official to rescind the next-game disqualification, the outcome is unchanged: ejection from one contest for unsportsmanlike conduct requires suspension from the next day of competition.
The finality of high school officials’ calls has been challenged multiple times in courts across the country – twice in Michigan – and the nearly unanimous result nationwide has been that judges will not allow themselves to become super-referees, second guessing onsite contest officials.
On some higher levels of sports – e.g., college and professional – where there are dozens of cameras covering a handful of contests each week, league offices may review some decisions. But our level of sports lacks sophisticated cameras positioned at all angles, and it involves many hundreds of contests in several different sports every week. We have neither the time nor the technology at every venue to be involved in reviewing the calls of contest officials.
Last school year, there were nearly 1,000 player ejections and more than 200 coach ejections. School sports is not equipped to review 30 to 40 of these situations that arise each week; nor should we do so.
Officials see a play and make an instantaneous decision. Their calls are final; and living with the outcome is one of the valuable lessons we try to teach and learn in school-based sports.