Crime and Punishment
August 17, 2012
In my previous posting I identified three criteria that have helped the MHSAA decide what its responsibilities should be, which is worth re-reading in the context of the widespread debate about what the NCAA’s role should be in the wake of the Penn State tragedy.
In essence, my last posting stated that the MHSAA has neither the legal authority nor the resources to be involved in protecting young people at all times and in all places. It is in the area of sports, and especially within the limits of the season and the boundaries of the field of play, that the MHSAA has a role and rules.
So obviously, if I had been asked about what the NCAA should do about Penn State, I would advise the NCAA to look at its Handbook. If its member institutions have adopted policies and procedures to be followed and prescribed penalties to be enforced that apply in this matter, then by all means, follow the rules. But if not, stay out of it. You’ve got enough to do that’s not getting done where you have the requisite expertise and responsibility.
Clearly, the NCAA leadership took a different position, apparently preferring to absorb criticism for going too far rather than suffer criticism that it did too little in response to horrific behavior at one of its member institutions.
Unfortunately, in stating publicly that the severity of the penalties was intended to send the important messages that football should not outsize academics and that success on the field should not be at the expense of the safety and nurturing of athletes and that coaches should not be treated as larger-than-life heroes, the NCAA misses the point that the system the NCAA itself has created or allowed is much at fault for such excesses.
Any system that allows such lavish expenditures on the sports program and its personalities the way it is allowed in NCAA Division 1 football and basketball will continue to have serious problems, every year and at multiple institutions. Penn State is not the first university to have screwed up priorities; it just has the most recent and tragic victims.
For its part, the MHSAA has rules designed to position athletics secondary to academics, keep the pursuit of success secondary to safety, and maintain administrators’ authority over coaches, whose pay may not exceed the supplementary pay schedule for teachers and may not flow from any source but the school itself. We are striving to have policies now that will make it unnecessary to impose penalties later for sports programs that are out of control.
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.