Tough Love
October 9, 2015
A young Korean woman has lived with my wife and me for two years and will for two years longer. Grace is a graduate of the international school in China where our son and his wife were her teachers; and since living with us, she has graduated from Lansing Community College and moved on to Michigan State University.
Having this student in our home and a son and daughter-in-law as educators in China, living with my wife who once was in charge of refugee resettlement for a large agency in mid-Michigan, and my serving for seven years as president of the board of the Refugee Development Center in Lansing, makes me understanding of and sympathetic to international students.
However, I expect that is not the reputation I enjoy among those who work for student exchange organizations and even among some in our schools who work with the increasing number of international students who are enrolling in Michigan’s secondary schools. They probably view me as an advocate for more restrictive transfer rules for international students, especially regarding F-1 visa students and nonpublic schools.
Guilty as charged. Indeed, I do advocate for higher standards for exchange programs, more vigorous oversight of student placements and more equal application of rules, regardless of the type of visa the student has or the type of school in which that student enrolls.
It is because I see great value in our interaction with people from other nations that I want to assure international student exchanges remain popular in our schools. Nothing jeopardizes the future of international student exchange more than sloppy or shady placements of international students, including last-minute dumping of students by agencies, athletic-related direct placements by agents, and school districts loading up on international students as backfill for declining local enrollments.
As some youth escape brutal hardship in war-torn or impoverished countries and more well-off foreign students stampede to the U.S. to attend U.S. secondary schools, colleges and universities, it will require high doses of tough love. If problems related to athletics increase, so will the chances that all international students will lose all opportunities to participate in varsity level sports in this state.
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.