The Usual Suspects
December 30, 2016
It is difficult to find a year when the 11-player Football Finals of the Michigan High School Athletic Association involved more teams from southeast Michigan than appeared at Ford Field in 2016. In fact, just two counties (Oakland and Wayne) produced seven finalists. But then two counties on Michigan’s west side (Kent and Muskegon) supplied four of the 16 finalists.
Four of Michigan’s 83 counties producing 11 of 16 finalists in the 11-player championship games doesn’t’ feel like a statewide event; but one team from the Upper Peninsula, another from the Leelanau Peninsula in the northwest portion of the Lower Peninsula, and a team located along the Michigan/Ohio border remind us how large and diverse our state really is.
The 2016 MHSAA 11-player Football Finals consisted of many of the “usual suspects,” including two teams pursuing their fourth straight titles and one team seeking its third consecutive championship. Four of the eight 11-player champions from 2015 returned in the attempt to defend their titles in 2016, and two of the runners-up in 2015 were back to try to reverse their fortunes from 12 months earlier.
What is being demonstrated here in Michigan high school football is the trend seen in many other states. That is, as the number of classes or divisions of tournaments expands, the more often you see the same teams in the final rounds.
The surest way to have the “usual suspects” on championship day is to put them in tournaments with fewer schools. And of all MHSAA tournaments, the football playoffs have the most divisions with the fewest schools in each. The result is predictable.
This is a cautionary tale for those who desire that the number of classifications and divisions be expanded in MHSAA tournaments for other sports.
Meanwhile, we are keeping an eye on the tournament format in a neighboring state that places schools into divisions for larger schools after they are too successful over consecutive years in the classification that fits their enrollment. Those in Michigan who have been assigned to review such policies have complained that such “success factors” penalize future students because of the achievements of previous students and/or because such factors do nothing about “chronic success” by schools in the largest classification.
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.