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Sorting It Out

February 4, 2014

The MHSAA has a good relationship with the high school coaches associations of Michigan in spite of the fact that the MHSAA sometimes befuddles and frustrates some associations’ leaders and members. This occurs, for example, when a coaches association’s board of directors votes unanimously in support of a change in policy or procedure which fails to be adopted by the MHSAA Representative Council. Every so often over the past 25 years, I’ve had to provide reminders of why this occurs – in fact, why it must occur.

First, a coaches association is just that – an association of coaches; and coaches are but one of the many important voices to whom the MHSAA pays regular attention. The MHSAA also must hear the opinions of athletic directors, principals, superintendents, boards of education, contest officials and others. Typically, coaches desire more of everything: contests, classifications, trophies and medals. Just as predictably, most administrators seek reasonable limits on such things and can often be heard to say, “Enough is enough.”

Second, the makeup of many of our state’s high school coaches associations’ boards of directors, and even the associations’ members, do not reflect the MHSAA’s full membership. Understandably, many coaches associations’ board members are disproportionately from large schools in the southern or even southeastern part of Michigan.

And third, by their nature, coaches associations advance proposals for a single sport, which could impact other sports positively or negatively. There is no question that if one sport “gets” something, like another tournament classification or division, other sports will seek the same consideration which may or may not be practical for or beneficial to other sports.

When considering a proposal from a coaches association, MHSAA Representative Council members will almost always ask themselves: “Who’s not in the room? Who are we not hearing from? Is there another side of the issue? How does this play out among small schools, or urban schools, or northern schools? How will this affect other sports?”

We look to coaches associations for sport-specific advice; and we urge them to seek input from a constituency that is as large and diverse as possible. We look to other stakeholders to add their advice and counsel to the process; and we depend on the Representative Council to sort it out and seek the proper balance.

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.