Opportunity Lost

October 25, 2013

This fall as I conducted Update meetings around our state, I met one-on-one with potential candidates for an administrative position the MHSAA has posted in anticipation of Assistant Director Randy Allen’s retirement in early 2014.

This is a part of the slow, personal process we have cultivated during the past 20 years that I credit for gathering our current collection of committed administrators that are excellent in so many ways and a pleasure to work with day-in and day-out.

We last used this process a decade ago in leading us to hire Assistant Directors Mark Uyl and Kathy Westdorp; and realizing that I had not conducted a series of one-on-one discussions in ten years, I have been lamenting great opportunities lost; for these conversations are beneficial in two important ways:

  • First, we learn about the lives of many terrific men and women; and I’m forever closer to them as human beings, whether or not they get the job the MHSAA has open.
  • Second, we learn of the hopes and fears these experienced people have for educational athletics; and I’m constantly putting their ideas into action at the MHSAA, whether or not they are ever employed at the MHSAA.

But I now lament a huge opportunity lost. Had I taken the time to visit with a colleague after every Update meeting I’ve conducted over the past 28 years, that would have provided more than 200 opportunities to learn about the lives and ideas of these people – the MHSAA’s richest resource.

I read recently that a vibrant organization is one that is always hiring, whether or not there is a job opening. That is, the organization is always interviewing its best people – always learning about them and from them, and is able to tap this resource promptly when opportunities arise.

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.