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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.

Words from Down Under

February 1, 2013

In the County Hotel, one of the few buildings in Napier, New Zealand, that survived the 1931 earthquake in that region, there is a library of books that have been left by previous travelers and may be exchanged for books of current travelers.  Among the books I found was Lord Cobham’s Speeches.  Lord Cobham was the Governor General of New Zealand from 1957 to 1962.

From his speech at the “Sportsmen Luncheon” in Wellington, NZ, 52 years ago today, I found these pearls:

  • “. . . sport is a great character-former; it teaches that self-control which must always precede self-expression, and that gracious acceptance of defeat is the gold to victory’s silver.”
  • “Sport is harmony, balance and rhythm, the triple heritage handed down from ancient Greece, without which art is barren and civilization itself out of joint.  Above all, the acquiring of a technique is increasingly important in an age when automation and the machine have robbed human beings of that sense of fulfillment that comes of fine craftsmanship.”
  • “Today we see the result of trying to hustle youth through childhood and adolescence into manhood and womanhood.  Education is one of the few things that cannot be hurried, although modern techniques may facilitate instruction, for which education is often mistaken . . .  In these instances, sport and games can and must play an increasingly important part in producing well-balanced citizens.  But before we do this, we must see to it that the games themselves don’t fall victims to the prevalent evils of selfishness, sharp practice and greed.”
  • “It is when the player of the game thinks himself greater than the game that both get into trouble.”