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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.

The Whole Body of Work

June 27, 2016

From time to time over the years, criticism has been leveled at the Michigan High School Athletic Association because an MHSAA publication cover lacked a certain number of photos of females or minorities, or a certain balance of large schools or small schools or nonpublic schools ...

My response has always been, “Don’t base your opinion on one cover. Look at the whole body of work. Look at the covers across all sports and an entire year.”

So, when there was recent criticism that our football practice policy wasn’t progressive enough, that it allows (in theory only) too much time for contact drills, my response is: Look at the entire body of work.

The MHSAA was one of the first states in the nation to limit contact in football practice, both preseason and regular season. Some states still do not.

Some of the states which appear to have more restrictive practice policies in the fall also allow football practice in the spring, which actually increases exposure to injury. Michigan does not.

Some states which appear to have more restrictive practice policies in the fall also allow contact at out-of-season football camps, which actually increases exposure to injury. Michigan does not – never has allowed its players to participate in contact drills at football camps, a policy to which some states are returning because of the safety concerns we’ve always had in Michigan.

Some states allow students to participate in five, six or even eight quarters of football games in a single week. In Michigan, students can play in one game only during any five day period, never two, and never part or all of a JV game one day and part or all of a varsity game another day during the same week. That’s been Michigan’s rule for decades, and some states are finally moving in that direction.

  • The MHSAA is the first and only state to provide concussion care gap insurance at its own cost to assure all students have prompt and professional medical attention without the worry of unpaid medical expenses. This is for all students in all levels of all sports, practice and competition, grades 6 through 12.

  • The MHSAA conducts the nation’s largest high school association managed sideline concussion detection pilot program.

  • The MHSAA conducts the nation’s broadest and deepest high school association managed concussion reporting system.

There is still more to the whole body of work – but the point is made. Criticism of the MHSAA for lack of attention to participant safety – in football or any other sport – is wholly unjustified.