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.
Heads and Heat
August 16, 2012
We are engaged in very serious discussions. They’re not only complicated, with unintended negative consequences possible from what are thought to be positive actions; they’re also a matter of life and death.
The topic is football – the high school sport under most scrutiny today and suffering from the most criticism it’s seen since the 1970s when catastrophic neck injuries spiked, liability awards soared, many insurers balked, and most helmet manufacturers abandoned the business altogether.
During recent years we have learned about the devastating long-term effects of repeated blows to the head; and we’re trying to reduce such hits. We’ve learned that 70 percent of concussions in football result from helmet-to-helmet contact, and we’re trying to have coaches teach blocking and tackling differently and have officials penalize “high hits” consistently and rigorously.
During the past several years we’ve learned that serious heat illness and heat-related deaths are 100 percent preventable, yet nationwide there were 35 heat-related deaths in high school football alone from 1995 to 2010; and we’re promoting practices that acclimatize athletes more gradually than “old school” traditionalists might advocate.
As we simultaneously address issues of heads and heat in football, some coaches may think we’re being overbearing, while many in medical fields say we’re out of date, citing higher standards of the American Academy of Pediatrics, National Athletic Trainers Association and National Federation of State High School Associations, as well as many of our counterpart organizations across the country.
As we consider in-season changes to improve athlete acclimatization and reduce blows to the head, we should be open to making out-of-season changes that work toward rather than in opposition to those objectives. There can be no sacred cows. The topic is too serious.
Ultimately, if we err in the outcome of this year’s discussions about heads and heat in football, it must be on the side of safety, on minimizing risks for student participants. They deserve it and, once again, the sport of football needs it.