Shared Responsibility
March 26, 2013
My counterpart in Georgia has a nice way with words, and recently used that talent to add his perspective to topics like those we’ve been addressing here in Michigan. In the March 2013 Georgia High School Association newsletter, under the title “All of Us Must ‘Pay the Price’ for Student-Athlete Wellness,” GHSA Executive Director Ralph Swearingin writes:
“In ‘History and Philosophy of Education’ courses many of us learned that an early concept in the American educational system involved the school operating ‘in loco parentis’ – in the place of the parent. During those early days, that concept was applied to the authority of school personnel to regulate the behavior of students. Over time, however, the application of that concept to school discipline has diminished.
“It is interesting to note that school personnel are called upon to fulfill parental roles in ways that were not prevalent in the past. Over time there has been an evolution of responsibilities placed on the educational system to provide services that used to be provided by the family. One such area involves the responsibility to be the ‘health and safety guardians’ of our students. Debates about whether it is the school’s responsibility are non-productive. This responsibility has been thrust upon member schools and state association staff members, and it is doubtful that this trend is reversible . . .
“The very nature of athletics makes it impossible to guarantee the safety of every student in every sport. The goal is to minimize the risk to these students with prudent preparation and vigilant supervision. While the American culture may be thrusting this responsibility on the school personnel, there are productive ways to send some of that responsibility back to the students and their families.
“. . . Students and their families need to be informed about all of these issues. Preseason meetings with players and parents or guardians should involve the dissemination of information about relevant health and safety considerations . . .
“But education of players and their families is not enough. Coaches must be certain to teach techniques that minimize risks, and to be certain that all equipment used in the sport are in good repair and are being used properly. School personnel need to be certain that published guidelines and protocols are being followed. Doing these things involves the expenditure of time and money, but the well-being of our students dictates that we ‘pay the price.’ ”
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.