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.
Shortcomings
April 1, 2014
A student was badly hurt in an Ice Hockey Regional Tournament game last season. A split second after dropping the puck to a teammate, and still looking in that direction, this player received the shoulder of an opposing player just seconds after coming on the ice as a legal substitute. The hit did not appear to target the head, nor seem excessively aggressive; but it was delivered to an unsuspecting and exposed player.
No penalty was called; but when the veteran and highly rated official saw video of the play, he didn’t hesitate to say, “I missed it. A penalty should have been called.”
There were other shortcomings in the delivery of this tournament experience that we regret, including that the game was managed in more partisan fashion than the MHSAA prescribes and that the on-call ambulance was slow to arrive on scene.
Within the leadership of the schools involved there has been a sense of understanding that there can be injuries in sports, especially collision sports; and that sometimes they occur on legal plays and sometimes occur during illegal plays that were not penalized.
In these circumstances, the MHSAA does not seek the punishments that a few incensed adults call for. Rather than looking backward at retribution, the MHSAA’s legal role and moral responsibility requires a more forward look toward remedies.
For example:
- How can we use this excellent official’s “no-call” as a teachable moment for other officials on a subject that is already a point of special emphasis in the NFHS Ice Hockey Rules?
- How can we use this situation as a teachable moment in preparation of coaches and players?
- How can we use this situation to improve the environment at this and all other Ice Hockey Tournament venues?
We know with certainty that both the content and the delivery of our online and face-to-face communications for 2014-15 will be affected by this very uncommon and unacceptable experience.