Safety First
August 16, 2012
In the final chapter of A Moveable Feast, Ernest Hemingway writes: “Skiing was not the way it is now, the spiral fracture had not become common then, and no one could afford a broken leg. There were no ski patrols. Anything you ran down from, you had to climb up. That gave you legs that were fit to run down with.”
As motorized lifts carried less prepared people faster and with greater ease and comfort to higher and longer slopes, alpine skiing injuries became more frequent and serious. Similar patterns can be found in many other sports as technological advancements have taken participants to extremes their physical bodies were unprepared or unsuited for.
The classic but far from unique example is football. Improvements in helmets, mouth guards and face masks and the requirement of all three for head and face protection, encouraged coaches to teach and players to use blocking and tackling techniques that threatened their unprotected necks. Catastrophic spinal cord injuries spiked in the early 1970s. High school football rule makers countered with the prohibition of spearing in 1975, and then barring both butt-blocking and face tackling in 1976. Certification of helmets was required in 1980.
New technologies created poles that catapulted pole vaulters to unexpected heights in the late 1960s; and high school rule makers responded with new requirements for poles and landing pits in 1975. Risks of injuries and lawsuits were largely responsible for the pole vault being dropped at least temporarily from the schedule of events in some states.
The pursuit of profits by manufacturers and personal bests by athletes and their coaches will continue to push bodies to the extreme limits of what is safe; and rule makers will push back, often being labeled as out of date or out of step by those they are trying to protect.
Every four years the Olympics shine a spotlight on amazing dedication by athletes and alarming developments in equipment across the full spectrum of sports. We are watching the 2012 Summer Games in awe of the participants, but on alert that some of the products they are utilizing will help, but others will harm, our high school programs.
We need to be certain that those who arrive at the top of our mountains have the legs to run down safely.
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.