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.
Changing Culture
August 21, 2012
It has made good sense that the MHSAA limit its attention to those matters of schools that are related to sports, and leave to others the problems and programs that involve all students and the entire school. But for several subjects, this general rule needs exceptions. For example . . .
Over the years we have introduced tobacco, alcohol and other drug use awareness programs through school sports programs, noting that student-athletes can be the leaders to most efficiently change the attitudes of the larger student population. This has met with modest success; but there are troubling studies that indicate male athletes are actually more likely than other students to use and abuse alcohol. So today we can justify the use of resources on tobacco, alcohol and other drug education not only because it is helpful for reaching other students, but also because the sports program itself needs this attention.
In the wake of a hazing tragedy in the marching band program of one university and the sexual abuse tragedy in the football program of another, I have been convicted to think more about programs under our watch here at the MHSAA and to think about how local school sports programs can be involved in improving the safe culture of our schools, which from time to time even here in Michigan have witnessed embarrassment and heartbreak.
Here at the MHSAA we are reviewing and plugging holes in our policies and procedures for MHSAA events where adults and students directly interact, which occurs much more now than a decade ago. This includes everything our Student Advisory Council does, our Women in Sports Leadership Conference and other student leadership events, as well as the locker room and lodging policies for MHSAA tournaments. It is likely that many local schools are years ahead of us on such policies, and we will learn and borrow from them.
Where schools might do more is to address bullying, hazing and all other forms of harassment; and it may be that – as with tobacco, alcohol and other drug education – sports not only can be used as a vehicle for changing the culture of schools, sports may also have a special need for the attention, and for a change in culture.