RESPECTING RULES
November 20, 2015
For nearly a full century, the high schools of Michigan have stood in opposition to national high school athletic championships. As they existed in the early years of school sports, and even today, such events have very often exploited students and benefited commercial sponsors most. Such events are beyond the limited resources of most local schools; and allowing one school to participate tends to require other schools to go to the same extremes to remain competitive, creating the kind of arms war in school sports that now drives college sports further and further from their academic mission.
A decade ago, Michigan school districts added the following language to permit participation in national scope tournaments by individuals and groups of young people who had no connection to or similarity with a school team on which they had participated during the school season. The full and complete rule states:
A national high school championship includes any athletic event, regardless of title, which attempts to draw to it or its qualifying rounds only the top place winner or winners from more than one state high school association championship meet or is based upon high school regular-season or postseason tournament performances. A student may participate without loss of eligibility if all of the following conditions are met:
a. The event is not called or promoted as a national high school championship;
b. Qualification is not based on performances in the high school season or MHSAA tournament results;
c. The event is open to all non-school teams or individuals who qualify directly through one or more non-school events, or the event is without qualifying standards and is open to any individual who pays the entry fee;
d. If a team event, teams are not to be made up of students from a single MHSAA member school;
e. Teams and individuals do not represent an MHSAA member school; and
f. No MHSAA member school uniforms, transportation, funds or coaches are involved.
It is important to note that included in the universe of unapproved events are those tournaments, regardless of what they are named or for which there are qualifying rounds, which ATTEMPT to draw the best performers from the high school season. Whether or not this attempt is successful ... whether the event attracts the best performers or only the second-, third-, fourth- or worse performers ... the student-athletes of Michigan school districts may only participate if there is compliance with ALL SIX elements listed.
The intent of part "d" of the rule is to help assure that the participating teams from Michigan really and truly are NOT school teams, and to assure that no school team is masquerading as a non-school team but really extending the season beyond the limits agreed to by all school districts, thus undermining the fairness that other schools expect.
This 10-year old rule has been applied to every circumstance brought to the MHSAA's attention and to countless more where school districts knew and followed the rule without guidance from the MHSAA. It is such respect for rules that we honor and encourage, even as the organization facilitates a thorough vetting of rules prior to school districts joining the MHSAA by local board of education action each year.
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.