03/30/2007

MHSAA awaits high court ruling

Supreme Court considers season switch appeal

BY DENNIS CHASE

dchase@record-eagle.com

TRAVERSE CITY — Area athletic directors were put on alert Thursday.

The Michigan High School Athletic Association (MHSAA) notified school officials that the U.S. Supreme Court will consider its request to review lower court rulings in its gender equity lawsuit today.

The MHSAA is anticipating a response on Monday.

If the Supreme Court refuses to review the case, it is expected the MHSAA will re-align six sports seasons, starting in the fall.

"It will be interesting to see what comes down,” Suttons Bay athletic director Cody Inglis said. "I know everyone is waiting with bated breath.”

The lawsuit, filed in 1998, charged the MHSAA with discrimination since girls play some sports in "non-traditional” seasons. In particular, the suit sought to move girls basketball to winter and girls volleyball to fall — a move that would put the seasons in alignment with the NCAA and with most states in the nation. The suit contended that playing in non-traditional seasons limited exposure and hindered chances of female athletes earning college scholarships.

The MHSAA, the state's governing body for high school and middle school sports, said its current schedule maximizes opportunities for participation. The MHSAA said the number of girls participating in high school sports hit an all-time high in 2005-06. Michigan ranks fourth nationally in girls participation, the MHSAA said.

The case has since bounced around the court system.

In 2001, U.S. District Judge Richard Enslen said the scheduling policies violated the equal-protection clause of the 14th Amendment, the federal Title IX statute and Michigan civil rights law. Enslen directed the MHSAA to propose a realigned sports schedule that would meet with his approval. In August 2003, the judge rejected an MHSAA proposal because it did not include a swap of the girls basketball and volleyball seasons.

When Enslen amended the plan to switch the two seasons, the MHSAA appealed to the 6th Circuit, which denied that appeal in July 2004.

The East Lansing-based association then appealed to the Supreme Court, which told the appeals court in Cincinnati to reconsider the case. After the appeals court refused to grant another hearing, the MHSAA turned again to the Supreme Court.

Inglis said Jack Roberts, executive director for the MHSAA, recently updated athletic directors on the proceedings, but gave no indication of what to expect.

"He said the Supreme Court could come back with three answers — yes, no or maybe,” Inglis said. "That's as honest an answer as he could give. We (athletic directors) have no idea.”

Besides girls basketball and volleyball, boys and girls tennis and golf would flip-flop seasons — girls tennis to spring, boys to fall; girls golf to fall, boys to spring.

Athletic directors have already adopted contingency schedules if the switch occurs, although specific dates would need to be finalized.

Inglis said some volleyball invitationals would probably be eliminated — since it will be a shorter season — and leagues like the Northwest Conference might schedule more Saturday basketball games. He said the Northwest is considering "Saturday jamborees” with boys and girls JV and varsity games all at one location.

"We're trying to think out of the box,” he said.

Jim Leyndyke, director of athletics in Traverse City, said he would expect Saturday basketball games to become more common.

"It brings Saturday night into the mixture more,” he said. "That's not a huge change for us. We play a lot of Saturday games. But a lot of people don't like that.”

Leyndyke said the Big North Conference is looking at alternating boys and girls basketball games on Friday nights.

Finding game officials, though, could pose a problem, he said.

"It would be challenging,” he said. "Right now they use three-person teams (in basketball) and I'm not sure they would continue to do that.”

Inglis said the availability of some coaches could also be an issue, as well as scheduling gym time.

Leyndyke said there might be some initial anxiety about switching seasons, but those fears would be alleviated in time.

"Everyone will adjust,” he said. "I don't think it's going to be as big a deal — once they decide to do it — as what people might think.”

The Associated Press contributed to this report.