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Change of Pace

January 30, 2015

Michael Schwimer is little known to us in Michigan. He was a 6-8, 240-pound relief pitcher out of the University of Virginia who was drafted in the 10th round by the Philadelphia Phillies in 2008.

In his minor league career, Schwimer earned 20 wins against 10 losses with a respectable 2.51 ERA. He struck out an eye-popping 12 batters per nine innings.

When Schwimer made his Major League Baseball debut for the Phillies in August of 2011, he served up a game-tying home run to the first batter he faced. He was traded to the Toronto Blue Jays in February of 2013, and was released by the Blue Jays the following August. You might say Schwimer majored in the minors. That’s where he peaked as a professional baseball player.

As a player, Schwimer made few waves. He wasn’t a “game changer.” And yet, he may still be known as one who helped to change the game itself.

Schwimer is widely reported to be the first MLB player to use a glove that was made of synthetics, not leather (which weighs twice as much), and was made using a plaster cast of his hand. It was a custom-made, form-fitting glove.

The result looks almost like a toy glove, fit for T-ball; but MLB gave it a “thumbs up” in December of 2011. MLB players have been warming to the glove, although very slowly.

To which Schwimer responds: “It takes forever for any change to occur. But when change happens, it happens really fast.”

That almost sounds like something Yogi Berra would have said – like, “it takes forever for change to occur, and then it doesn’t.” But experience very often teaches us the truth of this sentiment.

As the MHSAA reprocesses two of its toughest topics ever – out-of-season coaching rules and 6th-graders’ roles in school sports and the MHSAA – it seems like there is no progress toward change. And no change is the possible outcome of both long journeys.

But it’s also possible that, for one or both topics, the time will come when wisdom and will combine to create constructive change, which then seems to be occurring almost overnight.

My hope is that we find that formula before a rash of problems causes a tipping point that results in a rush toward solutions that are poorly conceived and/or politically imposed by outside entities.

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.