Heads and Heat

August 16, 2012

We are engaged in very serious discussions. They’re not only complicated, with unintended negative consequences possible from what are thought to be positive actions; they’re also a matter of life and death.

The topic is football – the high school sport under most scrutiny today and suffering from the most criticism it’s seen since the 1970s when catastrophic neck injuries spiked, liability awards soared, many insurers balked, and most helmet manufacturers abandoned the business altogether.

During recent years we have learned about the devastating long-term effects of repeated blows to the head; and we’re trying to reduce such hits.  We’ve learned that 70 percent of concussions in football result from helmet-to-helmet contact, and we’re trying to have coaches teach blocking and tackling differently and have officials penalize “high hits” consistently and rigorously.

During the past several years we’ve learned that serious heat illness and heat-related deaths are 100 percent preventable, yet nationwide there were 35 heat-related deaths in high school football alone from 1995 to 2010; and we’re promoting practices that acclimatize athletes more gradually than “old school” traditionalists might advocate.

As we simultaneously address issues of heads and heat in football, some coaches may think we’re being overbearing, while many in medical fields say we’re out of date, citing higher standards of the American Academy of Pediatrics, National Athletic Trainers Association and National Federation of State High School Associations, as well as many of our counterpart organizations across the country.

As we consider in-season changes to improve athlete acclimatization and reduce blows to the head, we should be open to making out-of-season changes that work toward rather than in opposition to those objectives.  There can be no sacred cows.  The topic is too serious.

Ultimately, if we err in the outcome of this year’s discussions about heads and heat in football, it must be on the side of safety, on minimizing risks for student participants.  They deserve it and, once again, the sport of football needs it.

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.