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.
Not the Critic
February 22, 2014
It is predictable; and it’s petty, not profound. Almost without exception, when a rule is enforced in one situation, the MHSAA will be criticized for not pursuing a similar penalty in other cases.
Of course, the critic is apt to draw parallels where they don’t exist. The critic is likely to assume facts that are not correct, and likely to call for the MHSAA to apply rules that the critic misunderstands, and to assess penalties that are in no one’s authority to impose. The critic can be unbothered by truth, accuracy and accountability. We cannot.
To be honest, MHSAA staff members have often been frustrated that the rules as they are written have no way to stop a particular transfer, or that people will not give testimony to enable a finding of undue influence. The reality is that rules cannot be written to stop everything bad without interfering with very much that is not bad.
And it is equally true that many people who have condemning information do not have the courage to share that information. And that some school administrators are too busy to get involved in such messiness. And that other school administrators are only too happy to have a malcontent athlete or parent move to another school.
Even at risk of irritating member school colleagues, the MHSAA ignores no allegations of violations by its member schools, their personnel or their students, even though we know that very many will be without merit – sometimes an innocent misunderstanding, other times a personal vendetta. And we know there may be just as many situations going unnoticed by or unreported to MHSAA staff.
And we also know that even when we do our job and we get it right – which is almost all the time – we may still be criticized by those who either have a personal agenda or do not have all the facts.
What is also true but unknown to the critic is the frequency with which MHSAA staff works proactively with schools to avoid problems, and how often MHSAA staff works privately with schools which self-report and quickly penalize their own constituents. A high percentage of violations have little publicity because we are intentional in efforts to keep a low profile for the unsavory side of educational athletics, and to keep the spotlight on the achievements of young people.