Communities for Equity Press Release - August 2007 (pdf)

Lawsuit Update

April 2, 2007
The United States Supreme Court Denies the MHSAA’s Petition
The United States Supreme Court denied the Michigan High School Athletic Association’s petition today, thus ending the long legal battle between Communities for Equity and the MHSAA.

The MHSAA’s compliance plan, that will now be in effect, orders the MHSAA to realign the sports seasons. The full responsibility for seasonal implementation and support issues will fall upon school districts. Diane Madsen, named plaintiff states: ”CFE is looking forward to working with school districts in ensuring that they understand their responsibilities under the law.”

“This final ruling,” states plaintiff Jay Roberts Eveland, “has given young men and women in Michigan the opportunity to join together with equal protection and support for maximizing their potential”.

CFE is thankful to those who have supported them throughout the years and is especially grateful to have the support and guidance of dedicated attorneys who understand discrimination and the actions needed to expose illegal activities that erode civil rights.

Ultimately, CFE would like to thank the Michigan athletes who dedicate themselves to their sport and deserve equal treatment. We also thank parents and coaches who stand with us to eliminate the injustice of gender discrimination.

What This Lawsuit Has Proven In The Courts of Law

1. We have proven that MHSAA is a state actor.
2. That participation in state tournaments include host sites who have facilities that meet the standards for competition; gyms/ceiling clearance/base lines/soccer fields- that are legitimate/publicity/media coverage/etc.
3. That two sports have been added for girls.
4. That the state basketball tournament for girls/boys must be at equal sites.
5. That the softball state tournament will be run on a legitimate field and not a men’s recreational slow-pitch diamond.
6. That AD’s and MHSAA’s representative counsel cannot dictate policies that violate laws. They and schools will be held legally responsible.
7. That media coverage from MHSAA will be equal among the genders. That boys receiving TV coverage will not be the only show.
8. That the COMPLETE burden of disparity has been placed on the girls and that that will no longer occur with the change in athletic seasons.
9. And most of all that the young men and women in MI can begin a journey of understanding equality by participating side-by-side and with support to each other. These upcoming athletes will have more opportunities, more support and more visibility.

The Detroit News - April 3, 2007 "Huge change for girls sports"

The Detroit News - April 3, 2007 "Gender-equity suit timeline"

The Grand Rapids Press - April 5, 2007 "Do the right thing"

Women's Sports Foundation Responds to Supreme Court's Decision (pdf)

National Women's Law Center Responds to Supreme Court's Decision (pdf)

Dec. 8, 2006
Sixth Circuit Court of Appeals Denies MHSAA's Motion
What an incredible feeling…..The Sixth Circuit Court of Appeals has denied the MHSAA’s motion for an en banc hearing. The Court rejected the MHSAA’s plea that there is any legal issue remaining that would warrant a hearing by all members of the Sixth Circuit Court of Appeals in Cincinnati. We are hopeful that the MHSAA’s will live by their motto: Good Sports are Winner and work to help schools with the implementation rather than spend more money and time on appeal to the United States Supreme Court. Since this case was filed in 1998, over 1 million female athletes have been denied the benefits and opportunities they are guaranteed under the law while the MHSAA defends and prolongs the injustice and discrimination of female athletes.

• This is truly a great day as we move closer to ensuring athletic equity for young women in Michigan. We are looking forward to an implementation in the fall of 2007-2008
  
• We have arrived at a very definite point of change -and next fall we will see the results of how schools have prepared for transitioning this state from discriminatory practices to fair and equal treatment of both young women and young men.
  
• To dedicate so much of their effort to this case…we thank Kristen Galles and Rhett Pinsky for walking us through the process.
  
• We hope that schools take seriously their practices of equal treatment as we will be monitoring how programs are run…this is a serious matter and violation of the law is illegal!
  

August 16, 2006
Sixth Circuit Court of Appeals Rules for Girls
Washington D.C. – The 6th Circuit Court of Appeals reaffirmed an earlier ruling that the Michigan High School Athletic Association (MHSAA) discriminates against female high school athletes by scheduling only their sports in nontraditional and less advantageous seasons, in violation of the U.S. Constitution and Title IX. Read the complete story at National Women's Law Center website.

March 14, 2006
Sixth Circuit Court of Appeals hearing
Oral argumments were heard in the case "CFE vs. MHSAA" on Tuesday March 14. The case was reviewed by a three judge panel,in light of a 2005 Supreme Court ruling that affects how remedies are decided under federal law. An opinion from the Court is expected within 30-60 days.

The Detroit News Editorial by Fred Girard from March 12, 2006

Letter to The Detroit Free Press from Tom Wilson, March 18, 2006

Sixth Circuit Court of Appeals Finds for
Communities for Equity
The Sixth Circuit Court of Appeals in Cincinnnati Ohio issued a decision on July 27, 2004 AFFIRMING the District Court's decision regarding CFE vs. MHSAA. The court opinion can be accessed at www.ca6.uscourts.gov. In summary the court, in a 3-0 ruling said, that the MHSAA violates the 14th amendment, Equal Protection Clause of the United States Constitution in the scheduling of girls high school sports seasons.

CFE's Response to the Decision
We are thrilled that the Sixth Circuit recognized the harms suffered by girls who play sports in disadvantageous seasons, The Court understood that scheduling ONLY girls and NEVER boys in nontraditional seasons is discrimination, plain and simple.

The Court properly found that MHSAA failed to prove any of its alleged reasons for treating girls and boys differently. Moreover, MHSAA failed to prove any connection between participation and seasons. The Court stated that even if MHSAA had done so, it MIGHT only justify different seasons but could NEVER justify ALWAYS putting the girls and NEVER the boys in the bad season. But that is exactly what MHSAA does --each and every time it schedules boys and girls in a different season, it assigns the girls to the inferior season. THAT IS DISCRIMINATION.

CFE is concerned about the misinformation that has been swirling throughout Michigan over the years. Anyone who attended the trial would know how right this court decision is. We hope that school administrators will take the time to read the court's opinion, look at the evidence and realize how harmful their actions have been for girls.

It is time for the MHSAA to stop spending money on attorneys that should instead be going to kids and their athletic programs, and to ensure a smooth transition into a realignment of athletic seasons. It is time for the MHSAA to practice what they preach in their sportmanship campaign,"Be a good winner and a GOOD LOSER." Let's get on with making the transition as soon as possible and as smooth as possible.

Five years from now, everyone will look back and wonder why Michigan was the last state to discriminate against female athletes in this way. It is time for Michigan to move into the 21st Century with the rest of the nation.

Communities For Equity vs. The Michigan High School Athletic Association
MHSAA has appealed the verdict of the Federal district court in favor of CFE. The appeal will be heard at the Sixth Circuit Court of Appeals in Cincinnati, Ohio.

On December 19, 2001, MHSAA was found guilty of gender discrimination against the state's female high school athletes by assigning ONLY female athletes to play in inferior athletic seasons. MHSAA has filed an appeal with the Sixth Circuit Court of Appeals. Implementation of the COURT-ORDERED compliance plan is “on hold” until a decision on the appeal is made.

The following organizations filed “friend of the court” briefs SUPPORTING Communities for Equity and the District Court’s decision:

The United States of America (through the Department of Justice) &
American Association of University Women
ACLU and the Michigan Civil Liberties Union
Connecticut’s Women’s Education and Legal Fund
Equal Rights Advocates
Feminist Majority Foundation
Mexican American Legal Defense and Education Fund
National Asian Pacific American Legal Consortium
National Association for Sport and Physical Education
National Education Association
National Partnership for Women and Families
Northwest Women’s Law Center
NOW Foundation
NOW Legal Defense and Education Fund
Public Interest Law Center of Philadelphia
Women’s Law Project
YWCA

The following organizations filed briefs supporting MHSAA’s effort to overturn the District Court’s decision:

Michigan Interscholastic Athletic Administrators Association
Michigan Association of Secondary School Principals
Tennessee Secondary School Athletic Association
Michigan Association of School Boards
Michigan High School Coaches Association
Basketball Coaches Association of Michigan
Michigan High School Tennis Coaches Association
Michigan Interscholastic Swimming Coaches Association

WHO’S PLAYING FAIR AND WHO’S NOT
CFE is currently looking into the level of Title IX compliance amongst Michigan's high schools, district by district. This is a cooperative effort with the schools, but one with definite follow-up. We will initially contact the schools within each district and ask them to provide answers and data for a few specific questions. After we receive the information and compile the data, we will provide the results to the schools and their communities.

The pilot program and current funding is for Kent County only, but CFE’s goal is to conduct the investigation for every school district in the state of Michigan – all 50+ of them and the nearly 500 high schools within those districts. The estimated cost per district is $5,000. We are launching a three year campaign to accomplish this goal with yearly goals of $83,500 for the first two years and then $83,000 the final year.

The program goal is to educate the public schools within the state and the communities they serve as to what Title IX requires of them in order to achieve equity in sports programs for girls, and to apply pressure to ensure that compliance will be the rule rather than the exception. Because CFE has no paid staff, the work will be done by part-time workers, hired specifically for this project.

CFE and KISD Work Together To Provide Title IX Officer Training
On November 12, 2003, Communities for Equity and the Kent Intermediate School District (KISD) provided a two-hour workshop for Kent County Title IX officers. Kristen Galles, a Title IX expert and successful Title IX attorney was the presenter. Each attendee received an extensive introduction into Title IX basics and the legal requirements each school must address. Northview’s Title IX officer, Donna Host provided insight into audits that have already been done and is willing to share audits, surveys, and examples of compliance practices. Participant evaluations will determine whether a follow-up workshop in “best practices” may be of benefit. A special thanks to Mike Weiler, KISD Superintendent and his staff, and Presto Print for donating the copying of the Title IX manuals, and The National Women’s Law Center for the “Check It Out” booklets received by each attendee.

2003 : A YEAR in REVIEW
Communities for Equity board members have been diligently involved in many events to educate others about Title IX and to promote all aspects of athletic equity.

January:

1. CFE met with Michigan State School Board member Liz Bauer to discuss concerns regarding gender equity and athletics.
2. CFE board members met with Michigan Department of Education (MDOE) regarding Title IX compliance.
3. CFE board members addressed the KISD superintendents and advocated for Title IX officer training & compliance audits.
4. CFE board member spoke at the Young Women for Change fundraising luncheon in Traverse City.
5. CFE board members addressed the State School Board regarding Title IX compliance issues.
   

February:

1. CFE board member participated in a panel discussion at Grand Valley State University during National Women & Girls in Sports Day.
2. CFE board members met with Ed Fernandez (Fox 17) to discuss additional coverage of girls’ athletics in the Grand Rapids area.
3. CFE presented “Democracy In America” video at a Northview Board of Education meeting. This video features CFE’s advocacy work to eliminate gender discrimination in Michigan schools.
   

March:

1. CFE (Connie Engel) authored the first of many editorial features in Ponytail magazine.
2. CFE board members presented “Title IX 101: Playing Fair” @ Aquinas College.
3. CFE board member was the featured speaker @ West Michigan Volleyball Officials banquet.
4. CFE board member was part of a panel discussion on Title IX & Athletics at ACLU conference @ University of Michigan
   

April:

1. CFE board members presented Title IX: Playing Fair to Aquinas college class.
2. CFE board members met with State Dept of Ed. & KISD personnel to plan a Title IX workshop to train Title IX officers.
   

May:

1. CFE board member presented “Title IX: Playing Fair” as part of a cooperative presentation at the Michigan Students Parents Teacher Association in Lansing.
2. Second Title IX article written by Connie Engel was published in Ponytail magazine.
   

June:

1. CFE met with KISD and MDOE to plan Title IX training workshop.
2. CFE attended a statewide meeting with Michigan Department of Education (MDOE), American Association of University Women, (AAUW), Michigan Gender Equity Team (MGET), National Organization of Women (NOW), and Michigan Dept. of Justice to discuss the identification of and promotion of Title IX.
   

July:

1. CFE board members met with Tom Watkins, Superintendent of Public Instruction & Chief of Staff, Pam Wong, to discuss Title IX officer training and compliance issues.
   

October:

1. CFE Board member presented Title IX Playing Fair @ local chapter of AAUW.
2. Kristen Galles & Board members met with KISD Superintendents in Big Rapids to discuss importance of Title IX compliance.
3. CFE introduced its Advisory Board members at a reception at the Penn Club in Grand Rapids.
   

November:

1. CFE board members arranged for first-ever Title IX training @ KISD with Kristen Galles as instructor.
2. YWCA awarded Board member Jay Eveland with YWCA Tribute award. This was a back-to-back award for CFE with Diane Madsen receiving this same award in 2002.
3. CFE board members participated in Grand Rapids Public School committee on Improving Athletic Participation.

December:

1. CFE’s Title IX Status Report Campaign was announced.
2. CFE board members participated in GRPS committee to improve athletic participation.

MHSAA's 2nd Compliance Plan
In October of 2002, the MHSAA filed a second compliance plan. The Sixth Circuit Court of Appeals has also granted the MHSAA a "stay" in the implementation until the case is heard on appeal at the Circuit Court. Thus the implementation of this plan will not go into effect until 2004-2005 at the earliest.

Lower Peninsula:
Change volleyball from winter to FALL
Change girls' basketball from fall to WINTER
Change girls' golf from spring to FALL
Change girls' tennis from fall to SPRING
Change boys' golf from fall to SPRING
Change boys' tennis from spring to FALL

Upper Peninsula:
Change girls' soccer to FALL
Change girls' volleyball from winter to FALL
Change girls' basketball from fall to WINTER
Change boys' soccer from fall to SPRING

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