Better Late Than Never
November 8, 2013
In a matter of minutes online or a matter of an hour in a bookstore, we can locate dozens of magazine articles and full-length books that describe either the blessings or burdens of all the technology that is now at our fingertips at home, at work and in play.
Every problem we have (and many we had no idea we have) seems to have a technology solution. And, it seems every solution creates new problems: from invasions of personal privacies to compromised security of children, companies and countries. And sometimes the technology breaks down altogether.
The latest and largest failure is the government’s inability to deliver on its promised online health care marketplace. Before that, we’ve seen “glitches” close down Wall Street’s NASDAQ exchange. Technology troubles recently crippled the reservation systems of 11 airlines simultaneously. Even Internet “expert” Facebook mishandled the technology for its own initial public offering.
So it has surprised few of us that the launch of ArbiterGame to solve the scheduling issues of MHSAA member schools has had many of its own issues. But we are certain of this: ArbiterGame will be successful in providing member schools the safest, most efficient and reliable electronic athletic department management system that is available, and the least expensive, anywhere.
As we began this journey in the second half of 2011 in response to a crescendo of complaints from administrators about the then-available scheduling software, we anticipated the effort to complete the project could take twice as long and cost twice as much as projected and, even if that pessimistic prediction would turn out to be true, the result would still be worth it. It is taking twice as long, and it will be worth the work and wait.
The value will be in the low cost and high convenience for school administrators, and a platform – MHSAA.com – that presents the data in an environment that promotes the highest ideals of school sports.
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.”
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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.