Time for Tough Topics
February 28, 2014
The daily deluge of calls and emails about issues that matter that day tempt us to take our eye off other issues that matter today, tomorrow and for many years. Good service requires that we respond promptly and pleasantly to the daily details, but good leadership requires that we give adequate attention to matters more fundamental to the mission of school-sponsored sports, and more critical to the future of educational athletics.
No matter how many times we’re contacted about today’s programs and problems, we must create our own time to dive deeply into the core philosophies and cornerstone policies of voluntary competitive interscholastic athletics.
We have attempted to do this with the “Four Thrusts for Four Years” campaign to address health and safety issues, especially but far from exclusively focusing on increased acclimatization and decreased head-to-head contact in football practices. The practice proposals of the 2013 Football Task Force – developed over a series of meetings by serious people, appear to have widespread support and should receive an affirmative vote by the Representative Council next month.
Similarly, we have appointed a task force to work throughout 2014 on junior high/middle school issues. Theirs is the difficult challenge of locating the sweet spot – the policies that protect the multi-sport experience in a learning environment for our younger students while still providing more competition, and for younger grades, to attract and hold the interest of junior high/middle school students and their parents who are seeking much more competition much earlier in life than the MHSAA’s current policies allow.
Out-of-season contact by high school coaches with their high school students is another of the topics that is often discussed and occasionally studied, and the rules governing out-of-season coaching are frequently tweaked. The result is a mammoth section of the Handbook that is difficult to read and follow, and invites widespread disrespect. MHSAA staff is conducting a series of two-hour sessions to try to reframe the discussion and present to the membership by next fall a new (and briefer) set of rules and interpretations. The goal will be to respect both the guiding principles of educational athletics as well as society’s changes since the current rules were first developed.
That’s the goal for all of this these tough, timeless topics.
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.