On the Hook
March 12, 2013
The over-arching theme of interscholastic athletic administration today is the health and safety of our student participants. It’s always our most important concern but now, by both self-serving and serious advocates, it’s being made a political football – actually more like a soccer ball being kicked back and forth and back again, resulting in about as much chance of scoring any positive goals as a World Cup soccer game will have in scoring any goals at all.
We are daily being distracted, and taken off our tasks, by symbolic more than substantive proposals to require this, that or the other thing to protect children from the risk of injury – regardless of grassroots input and without regard to grassroots resources. Zealous advocates for child safety wish to protect children from any risk of physical exertion, while in the next breath they complain of youth inactivity and obesity. And those who are trying to increase participation AND the quality of that experience – that’s us – become the targets of criticism. Often, those who have never done anything, blame those who have done a lot, for not doing enough.
Our frustration is flowing from the health and safety “idea du jour” to which we must respond, knowing that every time we fail to gush over some legislator’s or advocate’s notion, we invite the characterization that we are uncaring, lazy or arrogant, or all of the above. What we are doing is protecting schools from ubiquitous, onerous mandates which no one else in the school community is taking notice of because, appropriately, they are focused on the impossible task of providing an ever-expanding list of required services to an ever-increasing percentage of school-aged children with an ever-increasing list of problems, with the expectation that all of them will perform at ever-improving levels of achievement.
But even with all these disclaimers, I can’t let us off the hook. There are some things we can do and must do to better meet our highest calling in educational athletics which, if we’ve lost sight of it in the confusing clutter of challenges, is not only to do no harm physically to students but also to help instill in them healthy habits for the rest of their lives. Consistent with this high calling, we have obligations to do some critically important things – sometimes in spite of outside interference and sometimes beyond that interference – and do so without delay. It is about those things that I have been commenting most these past few months, and will continue to address.
Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
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A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.