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.
People Serving People
September 14, 2012
It is at this time each year, especially, that I’m made more aware of the harm and heartache that exists in our students’ homes, if they are lucky enough to have a home.
Every day our staff receives dozens of calls about the terrible circumstances children are in because of dysfunctional home life, medical issues or myriad other upsetting situations; and every day MHSAA Associate Director Tom Rashid is preparing for Executive Committee consideration more requests from schools to waive eligibility rules for their students whose circumstances do not fit a transfer exception or are not compliant with other regulations.
During the 2011-12 school year there were 506 requests for waiver submitted to the Executive Committee, compared to 462 the year before. The record is 524 in 2007-08.
By far, there are more requests to waive the transfer regulation than any other: 352 in 2011-12 compared to 320 the year before. The record is 372 in 2007-08.
There are so many requests for waiver today that the Executive Committee exceeds the MHSAA Constitution that requires a minimum of three meetings each year. The Executive Committee has scheduled 12 meetings during each year for the past half dozen years.
And the Executive Committee front loads the calendar, this year with three meetings over five weeks at the start of the school year (Aug. 8, Aug. 28 and Sept. 11) so that the large number of situations that arise at the beginning of the new school year can be addressed before too much of fall season competition has occurred.
Last school year the MHSAA Executive Committee approved 352 of the 506 requests for waiver, including 265 of the 352 requests to waive the transfer regulation. The five-member committee of school administrators serves without monetary compensation, but with a commitment to treat schools and students as fairly and consistently as humanly possible. They are compassionate, caring people making difficult decisions.