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.
Standards Promote Value
October 29, 2012
I can’t speak for every state, but it is probably true for most states, that (1) no school is required to provide a program of interscholastic activities – such are not curricular activities; and (2) participation in voluntary interscholastic competitive activities is a privilege offered to those who meet standards of eligibility and conduct of the school and standards of ability for the activity involved.
It is not a liability but an asset of competitive interscholastic activities that they are not co-curricular, but extracurricular – voluntary programs with extra standards, extra requirements, extra expectations.
We don’t need to sell the public on the value of participation; they desperately want their children to participate, and they will even sue us for the opportunity. What we have to do is sell the public on the value of the standards we maintain for participation.
Much of the value of school activities results from the standards of school activities. Many of the benefits of school activities accrue from the requirements of school activities. Raise the bar, raise the value. Lower the bar, lower the value.
Activities are much less capable of doing good things for kids and good things for schools and their communities where there are lower standards of eligibility and conduct. It’s the difference between interscholastic and intramural, between tough and easy. It is because schools have raised the bar for interscholastic activities that these programs have value to students, schools and communities.