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Many Big Changes Ahead

April 25, 2014

The May meeting of the MHSAA Representative Council is usually the one that produces the most action leading to the most change in Michigan school sports. This year, however, the Council could skip this meeting entirely, and still school sports would be in for the greatest number of significant positive changes that we have ever seen over any previous two- to three-year period.
In the area of health and safety, schools will be in the second year of the “Model Policy for Managing Heat & Humidity” adopted in March of 2013 and the first year of new Football Practice Policies adopted in March of 2014. The practice policies lengthen the early season acclimatization period from three days to four and reduce collision practices to one per day prior to the first game and to two per week thereafter.
This fall, the first of three enhancements to the health and safety preparation of coaches takes effect. All high school assistant and subvarsity coaches must complete a rules and risk management requirement similar to high school varsity head coaches. In the fall of 2015, all high school varsity head coaches must be CPR certified. In the fall of 2016, all first-time high school varsity head coaches must have completed the MHSAA’s Coaches Advancement Program Level 1 or 2.
This fall brings two big changes in the transfer regulation. The athletic-related transfer rule adopted in 2013 takes full effect Aug. 1, 2014, as do rules that remove different treatment of J-1 and F-1 visa students and the disparate impact of Federal laws on public and nonpublic schools with respect to F-1 students.
Meanwhile, the MHSAA has already committed all of 2014 to a comprehensive examination of some very large junior high/middle school issues (e.g., should we be including younger grades and should there be Regional tournaments); while during the second half of 2014, there will be new looks at out-of-season coaching rules and broader application of “subvarsity” level opportunities to transfer and international students.
Even if the Representative Council makes no changes at its May 4 and 5 meetings, the fall of 2014 will be the busiest I’ve been a part of in 29 years.

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.” 

  • 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.