Bathroom Breaks
April 29, 2016
Restrooms and locker rooms have become the front line of the latest civil rights battle in America, with collateral damage to school sports possible.
The laws of the land (local, state and federal) are presently conflicting and unclear; but ultimately, they are likely to be liberally construed. In the meantime, it will be discouraging to observe litigation that pits one person’s rights to access against another person’s right of privacy.
What we advocate is a safe and supportive environment for all students, with as many decisions as possible made at the most local level possible where resources can be best assessed and allocated.
We take no political or religious position; we are on the side of students, facilitating opportunities for gender questioning or confirming students while promoting a fair and level playing field in competitive athletics for all students.
To preserve opportunities for females and consistent with state and federal statutes and a long history of case law, Michigan High School Athletic Association rules do not allow boys on girls teams in MHSAA postseason tournaments. Therefore, the only time the MHSAA is directly involved is when a male student is transitioning to female and desires to play on an interscholastic team designated only for females in MHSAA tournaments. We decide about eligibility only; local schools make the necessary accommodations.
If a student’s gender preference of male is disputed by facts, that student may not be allowed on tournament teams designated for females only. Each decision is made on a case-by-case basis, balancing the objectives of promoting both opportunity and fair play.
Shortcomings
April 1, 2014
A student was badly hurt in an Ice Hockey Regional Tournament game last season. A split second after dropping the puck to a teammate, and still looking in that direction, this player received the shoulder of an opposing player just seconds after coming on the ice as a legal substitute. The hit did not appear to target the head, nor seem excessively aggressive; but it was delivered to an unsuspecting and exposed player.
No penalty was called; but when the veteran and highly rated official saw video of the play, he didn’t hesitate to say, “I missed it. A penalty should have been called.”
There were other shortcomings in the delivery of this tournament experience that we regret, including that the game was managed in more partisan fashion than the MHSAA prescribes and that the on-call ambulance was slow to arrive on scene.
Within the leadership of the schools involved there has been a sense of understanding that there can be injuries in sports, especially collision sports; and that sometimes they occur on legal plays and sometimes occur during illegal plays that were not penalized.
In these circumstances, the MHSAA does not seek the punishments that a few incensed adults call for. Rather than looking backward at retribution, the MHSAA’s legal role and moral responsibility requires a more forward look toward remedies.
For example:
- How can we use this excellent official’s “no-call” as a teachable moment for other officials on a subject that is already a point of special emphasis in the NFHS Ice Hockey Rules?
- How can we use this situation as a teachable moment in preparation of coaches and players?
- How can we use this situation to improve the environment at this and all other Ice Hockey Tournament venues?
We know with certainty that both the content and the delivery of our online and face-to-face communications for 2014-15 will be affected by this very uncommon and unacceptable experience.