Concussion Story
March 22, 2016
“The national narrative is not our story.” That’s been the mindset of the Michigan High School Athletic Association on many sports issues; and it’s never been more necessary than now, on the topic of concussions.
Hollywood’s December release of the movie “Concussion” and revelation after revelation of diseased NFL veterans tend to condemn professional football. But, in spite of its bad press, the NFL product roars on, setting records for its reach and revenue. Apparently the NFL is “too big to fail,” so critics of football attack an easier target – amateur, and especially, youth football. Other critics call for an end to football but swallow their whistle regarding boxing and even more barbaric ultimate fighting.
In sharp contrast, we hope, to the hypocrisy of the national narrative is the story of school sports in Michigan. We cannot speak for levels above or below us, but school-sponsored football has never been safer, for obvious reasons – the equipment has never been more protective; coaches have never received more health and safety training; playing rules have never been more safety-oriented; and officials have never had more authority to penalize unsafe play.
But in our story, football is not the only topic. Our health and safety narrative addresses all sports and both genders; and the 2015-16 school year provides three significant examples.
Mandated Concussion Reports – The MHSAA required for the first time this year that member high schools report possible concussions by their student-athletes. This is in all sports, both practice and competition, for both girls and boys. While reports are tentative for winter sports and it’s very early in the spring sports season, it is likely that in each case it will be a girls sport that has the most concussions, underscoring that school sports must be concerned about concussions in all sports and both genders.
Sideline Concussion Detection – The MHSAA last fall became the first state association to offer pilot sideline concussion testing, with 62 schools taking part in one of two programs. Among the objectives of the pilot programs was to increase awareness of concussions and improve sideline detection; and preliminary results indicate that the average number of possible concussions reported by pilot schools exceeds the average reported by schools outside the pilot group.
Concussion Care Insurance – The MHSAA also is the first state association to provide all participants at every member high school and junior high/middle school with insurance intended to pay accident medical expense benefits – covering deductibles and co-pays left unpaid by other policies – resulting from head injuries sustained during school practices or competitions. This coverage is at no cost to either schools or families.
While the insurance program will produce additional data about the frequency and severity of head injuries, the principal purpose of this initiative is to assure that families with no insurance, or insurance with high deductibles or co-pays, will not delay in seeking prompt, professional medical attention if their child shows signs of concussion after a practice or competition.
Again, this insurance is for all sports, both practice and competition, for both boys and girls; and it’s for all MHSAA member schools, grades 7 through 12. It will apply to the 6th grade for those school districts which join the MHSAA at the 6th-grade level, which is possible for the first time in 2016-17.
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.