By By SCOTT NOVAK / Dowagiac Daily News
An eight-year battle between a parents group and the Michigan High School Athletic Association took another turn this week.
The United States Sixth Circuit Court of Appeals reaffirmed its original decision against the MHSAA on Wednesday.
The Court of Appeals reaffirmed that the MHSAA discriminates against female athletes. The basis of this discrimination is that the state schedules female sports in nontraditional seasons.
The case claims that because of this, the MHSAA is in violation of the United States Constitution and Title IX.
The MHSAA has been battling Communities for Equity since 1998 when the group filed the lawsuit.
The group claims that six girls' sports and no boys' sports are scheduled in nontraditional seasons. Because of this, girls are less likely to be seen by college recruiters, to compete for scholarships and miss out on post season awards such as All-American teams.
(For more on the lawsuit, see related story at the top of this page)
The MHSAA had very little to say about Wednesday's announcement of the decision.
"The MHSAA will be studying its options following this decision, which will include a motion to the Sixth Circuit for a rehearing en banc, which must be filed within the next 14 days. The 2006-07 school year athletic calendar is not affected by this decision," the MHSAA press release stated.
Area athletic directors have already gone through the process of preparing to switch seasons just two years ago.
When the case was appealed to the Supreme Court, and eventually sent back to the Circuit Court, those plans were put on hold.
The MHSAA already has a plan put into place to switch sports seasons for more than just girls' basketball and volleyball.
According to Dowagiac Athletic Director Greg Younger, he will be busy repeating a task he and his colleagues already completed once.
"At this point we are in a wait and see, but be prepared mode," he said. "Now we will wait to see how the courts respond to the MHSAA's appeal to have the full 12-judge panel hear the case. At the same time we know that it will not affect the 2006-07 season, but we have to be prepared to make the switch for next season if we are ordered to. So we will be busy preparing a backup plan this year."
Club coaches, especially volleyball, are ecstatic about the idea.
"From a club coach point of view, this is good," said Dennis Cooper, director of Krush Volleyball in Niles. "It is very difficult to get teams ready to play in national competitions where there is usually 125-140 college coaches at one time. The deadline for entries for all nine qualifiers is Jan. 30. The high school season ends in the middle of March.
"We are usually way behind the rest of the country," Cooper continued. "They usually play all fall and then play club December through June. We play three months less than the rest of the country. And the older the kids get into club, the wider the gap is apparent at the national level. Most Division 1 college coaches will tell you that Michigan players are on an average, two years behind in development."
Cooper added that the top-notch players are still going to get their scholarships, however, the players who would play at the lower Division 1, Division 2 or NAIA schools are at a real disadvantage when it comes to scholarship offers.
"The more developed average athlete from other states has an advantage," he said.
MHSAA Executive Director John E. "Jack" Roberts said earlier this summer that whoever ended up on the wrong side of this decision would continue the appeal process until it was exhausted.
Only time will tell which side will finally prevail in this litigation.