Mission Control
May 5, 2015
As we survey all that might be done in the future to improve the health and safety of student-athletes, it is good discipline to look to the past and recall when hype or hysteria caused well-intentioned people, and some not-so-well-intentioned people, to campaign for solutions to problems that either did not exist or could not be effectively addressed through mandates on school sports.
Over the years, school sports has been asked to address much more than what occurs on the practice or playing field. We’ve been asked to address drunk and then distracted driving; bulimia and bullying; texting and sexting; hazing and homelessness; seat belt use and steroids, which provides a perfect example of the limitations of fixing societal problems through mandates on school sports programs.
After more than a decade of voluntary educational efforts and just about the time when steroid use in schools began to trend downward, state legislatures caught wind of the “problem” and perhaps of potential political gain.
The University of Michigan Institute for Social Research reports that steroid use has been declining since 2005, which was just before the first state – New Jersey – enacted a law requiring schools to test high school athletes. Undaunted, the Texas legislature followed suit three years later. Undeterred, the Florida legislature followed the next year, and then Illinois lawmakers acted.
Florida discontinued its mandated drug testing program after just one year, and Texas is about to end its program, after spending nearly $10 million. Florida conducted 600 tests. Texas ran more than 60,000. Florida had one positive test. Texas reported less than one percent positive tests.
Because leaders of school sports have the statistics to link sports participation with improved attendance, achievement and attitude at school, we make our programs vulnerable to assault by passionate people who want our good programs to fix their bad problems. We have to be careful to avoid a situation where, in trying to address so many of society’s problems, we actually solve none; and worse, become distracted from our core chore of conducting safe, fair and sportsmanlike programs that make schools a happier, healthier place for student academic achievement.
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.