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What We Do

August 16, 2012

It is not infrequent that suggestions are made that the MHSAA do something it is not presently doing, the something being a project or problem that conforms to the special interest of the one making the suggestion. That person will usually be incredulous when we respond that the project or problem is beyond the authority of the MHSAA or beyond the capacity of the MHSAA’s resources. The criticism is at least implied that if the MHSAA really cared about kids, it would do this thing that is important to the critic.

So, how does the MHSAA decide what it will do?

  • The first criterion is to determine if the subject matter is a school district-wide concern or is sport-specific. If the former – like sexual harassment sensitivity training – then it is school districts’ responsibility to provide the service for all their faculty, including athletic personnel.  If the subject matter is sport-specific – like weight control in wrestling – then the MHSAA should consider the possibility that it is the organization uniquely positioned to assist by providing leadership and support services to its membership in this narrow area of athletic-related concern.

  • The second criterion is to determine if there are any other agencies, institutions or organizations better positioned or more capable to provide the service.  For example, the American Red Cross is already in place with programs and personnel to provide first aid, CPR and sports safety training to athletic personnel throughout Michigan.  So even though it is sports-related, it might create wasteful duplication for the MHSAA to start doing what the American Red Cross is fully capable of, prepared to do and already doing.

  • The third criterion for determining what the MHSAA will do is to ascertain what its member schools want the association to help with. Schools have asked for assistance in establishing a minimum rule for the eligibility of transfer students; therefore, the MHSAA has promulgated such a standard for local adoption.  But school districts have not asked for assistance in establishing rules regarding eligibility after tobacco and alcohol use or after allegations or convictions for crimes or misdemeanors; therefore, no MHSAA minimum standards exist.

The MHSAA provides services in the sports sub-set of issues with which schools must deal, and only after the MHSAA membership identifies the need and the MHSAA leadership prioritizes all of the identified needs and provides the resources necessary to address the needs of highest priority.

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.