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.
U.S. Soccer Gets a Red Card
March 9, 2012
My previous posting paid compliments to a non-school lacrosse organization which appears to share some of the same perspectives we have for young athletes. Today I express an opposite opinion about U.S. Soccer which has created a “Development Academy” that has announced it is moving to a 10-month season beginning in the fall of 2012.
U.S. Soccer has declared that participants in the Development Academy are prohibited from playing on their local high school teams. This has prompted criticism from high school coaches who in many parts of the country, including Michigan, will lose some of the more accomplished players to the Development Academy.
The academy’s design follows that of powerhouse soccer nations where, however, high school sports do not exist like they do in the United States, where high school students play on high school soccer teams during defined seasons of the year.
The design of the Development Academy and the exclusive participation that U.S. Soccer is promulgating violates the Amateur Sports Act of 1978, which requires national sport governing bodies to minimize conflicts with school and college programs. I was involved in the preparation and passage of that law by the United States Congress; I know what it says and what it stands for. U.S. Soccer is violating the spirit and specific language of the law.
The desire and drive of U.S. Soccer to have U.S. teams excel in international competition is admirable; but its violation of U.S. statutes in the process is deplorable.