We Get It

November 4, 2011

Participation in high school sports, both nationally and in Michigan, increased in 2010-11 versus the year before.  It was the 22nd consecutive year of increases nationally, according to the National Federation of State High School Associations.

The National Federation also conducted a first-of-its-kind attendance survey that tells us in 2009-10 that there were more than a half billion spectators at high school sporting events across the country.  There were more than two and a half times as many fans attending high school basketball and football contests as attended college and professional contests combined in those sports.

We should be excited about our programs and encouraged by their historical popularity and continuing growth.  But clearly, we are not.  In fact, we are a discouraged bunch.

We are discouraged because, behind the good numbers that are reported, we see serious erosion – a subtle “slip-sliding away” of the principles and the popularity of school-based sports.  In spite of the good numbers, we sense that all is not well in educational athletics.

In many places athletic directors are losing their full-time dedicated positions, which are essential to oversee a program of high participation, large crowds, great emotion and some risk of injury.  In many places students are losing participation opportunities, which are essential components of a complete education necessary to prepare young people for the increasingly complicated and competitive world which they are about to enter.

We get it at the MHSAA.  We know what’s happening.  Not only do we get it, we also get the hundreds of calls from coaches who don’t have an athletic director available to answer their questions.  And we get the hundreds and hundreds of calls from parents and others who can find neither a coach nor an athletic director available to address their concerns or answer their questions.  Almost every time a school district dials down its oversight of the interscholastic athletic program, its constituents dial up the MHSAA to answer their questions and address their concerns.

Less money for and less oversight of school sports is a combination tailor-made for problems – for ineligible students and forfeits, for crowd control and sportsmanship problems, and for injuries; and in all cases, for the controversies that follow.  There are smarter places to make cuts in our schools and still turn out smart kids.
 

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.