Representative Governance
November 11, 2014
A man in a hot air balloon, realizing he was lost, lowered the balloon to shout to a fellow on the ground: “The wind’s blown me off course. Can you tell me where I am?”
The man on the ground replied, “Sure. You’re hovering about 90 feet over this wheat field.”
The balloonist yelled, “You must be an engineer.”
“I am,” the man replied. “How did you know?”
“Well, everything you told me is technically correct but of absolutely no use.”
The engineer retorted, “You’re an executive, right?”
“How did you know?” the balloonist responded.
“Well, you were drifting in no particular direction before you asked for my help, and you’re still lost; but now it’s my fault.”
In addition to making me chuckle, that story reminds me that the world is very likely a much richer place when it has both bird’s-eye and on-the-ground perspectives. It is certainly true that our understanding of issues and answers in school sport is better when both views are voiced.
This reasoning is the basis for inviting any representative of a member school to serve on the MHSAA’s governing body, the Representative Council. Unlike many other states, seats at the MHSAA’s table are not limited to superintendents or to principals.
Throughout most of the MHSAA’s history, there has been a nearly equal balance of superintendents, principals, athletic directors and others on the 19-member Representative Council. However, in recent years the balance has shifted decidedly toward athletic directors, as superintendents have become increasingly occupied with keeping school districts afloat financially and principals are increasingly consumed with demonstrating improving student test scores.
The MHSAA’s Constitution provides for an election system that assures good diversity of school size and location on the Representative Council. The Constitution also provides for an appointment process that is intended to improve gender and minority membership on the Council. That provision is also being used to recruit superintendents and principals back to our table. We need policymakers who see things with a wide angle view as much as we need policymakers who see the daily details of school sports up close.
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.