Logo

Disappointing Seasons

June 24, 2013

It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.

In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:

    1.    Place boys and girls in the same season in all sports; or
    2.    Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
    3.    Switch UP boys and girls seasons in either soccer or tennis.

For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.

As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.

In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.

The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!

In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.

Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.

Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.

Tasks Before Us

May 20, 2014

A year ago the MHSAA convened the first of several task forces that are tackling the kind of complicated topics on which our annual committee meeting process seemed incapable of making sufficient progress.

We assembled a 16-member task force that met four times over six months during 2013 to develop policy proposals to enhance acclimatization and reduce head-to-head contact in football practices. Meeting multiple times, the group could delve more deeply into data and explore emerging trends in both school-based and non-school football. The task force would develop ideas at one meeting, test them with constituents for a few weeks and then tweak the ideas at the next meetings. Task force members had the time to be both philosophical and practical, to think about what would be ideal and then trim that idea to be workable in all sorts and sizes of schools across Michigan.

As a result of this focused, multi-session approach, the Football Practice Proposals sailed smoothly through a vetting process during the winter months, earned the MHSAA Representative Council’s approval in March and will be controlling MHSAA member school football practices this fall.

Meanwhile, we began 2014 with the appointment of another task force to tackle many thorny issues related to junior high/middle schools. Some of the issues are so fundamental that changes in the MHSAA Constitution could be required to change what the MHSAA should be doing with respect to school sports prior to the 9th grade. There is equal chance that the task force could propose some very large changes, or very little change. We don’t prescribe the result, we just provide the forum and facilitation – create focus that has been lacking for too long.

Later this year and during 2015 we see the likelihood that additional task forces will address other tough topics, like out-of-season coaching, redefining what subvarsity means, and possibly address more risk management issues, perhaps in ice hockey and soccer first and then other sports where health and safety questions are raised.