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.
Transfer Trends
October 15, 2013
A glance at the handbook of any statewide high school athletic association informs you that transfers have been the most problematic eligibility issue across the country over the years. In the MHSAA Handbook there are 12 high school athletic eligibility regulations covered over 25 pages, and one-fourth of these pages are devoted to one rule: the transfer regulation.
The MHSAA’s transfer rule casts a broad net over the turbulent waters of school sports . . .
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Waters stirred by the inherent nature of athletics where people often look for competitive advantage, and sometimes look for it in inappropriate places;
- Waters made more choppy by the domestic discord in which increasing numbers of students reside; and
- Waters made rougher still by economic hardships in which more families seem trapped.
Add to this bullying, cyber bullying and hazing from which students seek to escape, and transfers seem epidemic.
Because the transfer regulation catches some “fish” in its wide net that it should not snare, schools have a mechanism to request waivers from the Executive Committee. Last school year, 352 waiver requests were made and 265 were approved.
It is readily admitted that the net fails to snatch some fish that it should catch and withhold from competition for a semester or longer. The most obvious and egregious of those occur when a student changes schools for reasons related to sports and without compelling medical or family reasons. More of those will be snared beginning in 2014-15, and those that are will face a period of ineligibility that is twice as long as other students who are ineligible under the basic transfer rule.
The new rule (click here and go to Appendix B in the Summary of RC Action) links extended ineligibility after a transfer to certain activities before the transfer. If a student played high school sports during the previous 12 months and did one of the “linking” activities to the new school, and if that student is ineligible for one semester under the basic transfer rule (none of the 15 automatic exceptions applies), then the period of ineligibility is doubled in the sport in which the links exist: two semesters instead of one.
This is not the end of the story, but merely the next chapter to develop and administer a transfer rule that facilitates quick eligibility for more deserving situations and extended ineligibility for more athletic related changes.