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.
Best Practices
June 28, 2016
Two-thirds of concussions reported in Michigan high school football last fall occurred in games. Even though there are at least five times more hours of exposure during practices than games, there are half as many concussions during practice, according to the mandated concussion reporting requirement of the Michigan High School Athletic Association that is unmatched in the country in terms of its depth and breadth for a statewide requirement.
Michigan was among the handful of states to restrict contact in practice, in 2014, a full season prior to recommendations from the National Federation of State High School Associations and later action by most other statewide associations.
Some of those statewide organizations continue to operate without limitation on contact in football practices, while their counterpart organizations in other states have gone so far as to limit contact to a certain number of minutes in a day and/or week.
Entering mostly uncharted waters for high school football in early 2014, an MHSAA task force recommended that the number of practices be limited where collisions between players could occur – no more than one per day during preseason, no more than two per week after the first game.
This change was embraced by this state’s football coaches association and adopted by the MHSAA Representative Council. All parties liked the ease of administration of this policy, and all distrusted the idea of limiting the number of minutes of contact during practices.
If there is a 30-minute limit on contact in a day or a 90-minute limit on contact in a week, is it the same 30-minute or 90-minute period for all players, even if many are not involved in one or more of the contact drills? Or does the limit apply to each player individually; and if so, how is that tracked, and by whom?
These and other questions made coaches and administrators question how effective a limit on minutes might really be. Nevertheless, a 90-minute per week limit during regular season has been made an MHSAA recommendation for the 2016 season. This will provide an opportunity to address and possibly answer some of the questions that have been raised.
The MHSAA will survey schools this fall about their practice plans and the actual time spent in contact drills by players, assessing how that differs according to offense, defense, player position and grade in school, and determining best practices for how to track player contact minutes.
When Michigan acted in 2014 to limit contact in practice, it was one of the first states to do so. As Michigan takes additional steps to limit contact in practice, it will be one of the first states to do so after researching the best ways to actually do it.