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Transfer Trends

October 15, 2013

A glance at the handbook of any statewide high school athletic association informs you that transfers have been the most problematic eligibility issue across the country over the years. In the MHSAA Handbook there are 12 high school athletic eligibility regulations covered over 25 pages, and one-fourth of these pages are devoted to one rule: the transfer regulation.

The MHSAA’s transfer rule casts a broad net over the turbulent waters of school sports . . .

  • Waters stirred by the inherent nature of athletics where people often look for competitive advantage, and sometimes look for it in inappropriate places;
  • Waters made more choppy by the domestic discord in which increasing numbers of students reside; and
  • Waters made rougher still by economic hardships in which more families seem trapped.

Add to this bullying, cyber bullying and hazing from which students seek to escape, and transfers seem epidemic.

Because the transfer regulation catches some “fish” in its wide net that it should not snare, schools have a mechanism to request waivers from the Executive Committee. Last school year, 352 waiver requests were made and 265 were approved.

It is readily admitted that the net fails to snatch some fish that it should catch and withhold from competition for a semester or longer. The most obvious and egregious of those occur when a student changes schools for reasons related to sports and without compelling medical or family reasons. More of those will be snared beginning in 2014-15, and those that are will face a period of ineligibility that is twice as long as other students who are ineligible under the basic transfer rule.

The new rule (click here and go to Appendix B in the Summary of RC Action) links extended ineligibility after a transfer to certain activities before the transfer. If a student played high school sports during the previous 12 months and did one of the “linking” activities to the new school, and if that student is ineligible for one semester under the basic transfer rule (none of the 15 automatic exceptions applies), then the period of ineligibility is doubled in the sport in which the links exist: two semesters instead of one.

This is not the end of the story, but merely the next chapter to develop and administer a transfer rule that facilitates quick eligibility for more deserving situations and extended ineligibility for more athletic related changes.

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.