International Affairs
January 21, 2014
On Sept. 10, 2013, I wrote in this space what I later spoke at MHSAA Update Meetings across Michigan: that we had to assure that the increasing numbers of international students who are arriving in Michigan do so without undue influence and without upsetting the competitive balance between MHSAA member schools in interscholastic athletics. Both matters concern me even more today than last fall.
A 1996 federal law allows international students to attend nonpublic schools for any number of years and to do so at reduced tuition, but the law limits international students’ attendance at public schools to one year and requires they make full payment of all fees and expenses. This is creating an unlevel playing field in school sports.
These aren’t J-1 visa foreign exchange students cleared and placed for a single academic year by programs that have been approved by the Council on Standards for International Educational Travel. These are students on F-1 visas, which increased from 6,541 in 2007 to 65,452 in 2012, arriving in dozens of different ways and remaining for two, three or four years. These are not "blind" placements; they are arranged.
By this means, some small private schools have been balancing their budgets by increasing their enrollments by 10 to 20 percent and even more with an influx of international students, while still remaining under the Class D or Division 4 maximum for MHSAA tournament classification.
And making matters much worse, a few private schools of all sizes are receiving especially talented or tall students through arrangements made by parents of players and/or others associated with their school and/or AAU and college programs.
When we learn, for example, that people with basketball connections are arranging for students to come to Michigan, when they are directing these students to schools where these adults have connections, when in some cases these people are paying portions of the tuition and/or providing for living arrangements for these students, we have undue influence, plain and simple. These students lose eligibility; the adults involved must be disassociated with the schools; and the schools are penalized if they haven’t handled things as they should have.
But this is just putting a patch on the bigger problem – which is placing the same limits on international student attendance, regardless of the type of visa they have, or the type of school in which they enroll.
By next August, this association must have a rule that provides immediate eligibility for one year for all international students (whether J-1 or F-1) who are placed blindly in schools through CSIET-listed programs; and if they remain beyond that one year, then they must sit out one year. All other international students, except those who relocate with their family unit, should have no eligibility at the varsity level at any time.
Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
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A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.