Full opinion text
OPINION ENSLEN, District Judge. “Change is the only constant. Hanging on is the only sin.” -Denise McCluggage, U.S. race car driver, as quoted in WomenSports magazine, June 1977, at 18. After a three and one-half year legal struggle, this case is finally ready for resolution. It began on June 26, 1998, when Plaintiffs, an organization named Communities for Equity and two mothers of female student-athletes suing on behalf of their minor daughters, filed a class action lawsuit alleging that the Michigan High School Athletic Association (MHSAA), MHSAA’s executive director, and members of the MHSAA Representative Council discriminated against female athletes. Plaintiffs alleged that the discrimination against high school female athletes took a variety of forms, specifically naming seven areas of discrimination against female athletes. Once this case wound its way to bench trial before the Court, only one area of alleged discrimination remained for the Court’s decision. The sole remaining area of alleged discrimination is the allegation that Defendant MHSAA schedules athletic seasons and tournaments for six girls’ sports during less advantageous times of the academic year than boys’ athletic seasons and tournaments, and that this scheduling of girls’ athletic seasons constitutes legally inequitable treatment. The scheduling of the girls’ sports at issue involves volleyball in the winter, basketball in the fall, soccer in the spring, Lower Peninsula golf in the spring, Lower Peninsula swimming and diving in the fall, and tennis in the fall. Specifically, Plaintiffs claim that all of these girls’ sports, with the exception of girls’ golf, are played in a non-traditional season, i.e., a season of the year different from when the sport is typically played, and that the non-traditional season is a disadvantageous time of the year to play the sport, causing inequities for girls. Lower Peninsula girls’ golf is played in golfs traditional season of spring, but Plaintiffs claim that in the case of golf in Michigan, the non-traditional season of fall is far superior to the spring season, and fall is when Lower Peninsula Michigan boys play golf. Plaintiffs’ federal claims arise under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, pursuant to 42 U.S.C. § 1983; and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., (Title IX). Plaintiffs’ state law claim arises under Michigan’s Elliott-Larsen Civil Rights Act, Mich. Comp. Laws §§ 37.2101 et. seq, specifically those sections barring discrimination in schools and in public accommodations and services. The Court has jurisdiction over Plaintiffs’ state law claim through its supplemental jurisdiction. Plaintiffs seek declaratory and injunc-tive relief and attorneys’ fees. In terms of injunctive relief, Plaintiffs ask that the District Court require that male and female teams of the same sport be scheduled to play in the same season and that girls’ volleyball be scheduled to play in the fall. In the alternative, if the Court finds adequate justification for scheduling female and male seasons differently, Plaintiffs ask this Court to require Defendant MHSAA to schedule the same number of male and female sports in non-traditional seasons, “so as to allocate the benefits and burdens of playing in different seasons equally between females and males.” Defendant MHSAA argues that its placement of the girls’ sports seasons at issue is advantageous for female athletes and thus not discriminatory. The MHSAA also asserts that legitimate reasons exist for scheduling some male and female teams of the same sports in different seasons, reasons which mostly encompass asserted logistical difficulties in putting more students in one season. The United States was granted amicus curiae status to brief the Court and participate in the trial on the issues of federal law presented. (9/7/00 Order, Dkt. No. 255.) The United States argues in favor of Plaintiffs’ position in this matter. A bench trial over eight days was held to allow the Court to hear from witnesses and to receive documentary exhibits in order to determine what the facts are and what legal conclusions are to be drawn from those facts. During this time, the Court heard from twenty-five witnesses and received 103 exhibits. Federal Rule of Civil Procedure 52 requires that in cases tried without a jury, the Court shall make findings of fact separately from its conclusions of law. Fed. R.Civ.P. 52(a). Findings of fact shall not be set aside unless clearly erroneous. Id. Much has been said in this case about what a “traditional” season is and what a “non-traditional” season is. For most sports, it is common knowledge when tradition dictates that a sport will be played. Ask almost any woman or man on the street when organized football, on any level, is played, and that person is sure to know that football is a fall sport. In this case, the Court cares about traditional sports seasons only to the extent that a traditional season, or the season when the sport is usually played at most levels, happens to be the most advantageous playing season for the high school sports at issue in this case. So if girls play sports in non-traditional seasons when boys play in traditional seasons, that does not necessarily break the law, if girls and boys are equally advantaged by the season in which they play a sport. But a tradition does not become a tradition simply because of random coincidence. A particular playing season often becomes the traditional season for a particular sport in the first place because certain advantages accrue to playing a sport in a certain season. For example, there is a reason why outdoor organized sports like soccer, tennis and football are not played in the winter in Michigan. Similarly, there are other reasons, perhaps less obvious to the casual observer than Michigan weather, why certain sports are not generally played in certain seasons. The question for this Court is not whether the process through which the MHSAA came to the decisions that it has to schedule girls’ sports where it does was fair. The question for this Court is also not whether this Court believes that the scheduling decisions of the MHSAA were wise. The question for this Court is whether the scheduling decisions made by the MHSAA are legally permissible, and the Court has come to the conclusion that they are not. The MHSAA’s seasons decisions are not permitted under the Fourteenth Amendment to the United States Constitution, Title IX, or Michigan’s Elliott-Larsen Civil Rights Act. The Court finds in favor of Plaintiffs and will order appropriate remedies as described herein. FINDINGS OF FACT I. THE PARTIES A. Plaintiffs, Diane Madsen, Jay Roberts-Eveland, and Communities for Equity Plaintiff Diane Madsen is a teacher for Kentwood Public Schools in the Grand Rapids area. (Trial Transcript (Tr.) at 14:12-19, Diane Madsen Testimony.) Ms. Madsen filed suit on behalf of her three daughters, Katie, Kristi and Kelsey Mad-sen, who were all minors at the time the suit was filed. (Id. at 14:24-15:6; Stipulated (Stip.) Fact No. 28.) The Madsen daughters have participated in or are currently participating in high school sports at Grand Rapids Northview High School, a MHSAA member school. (Stip. Fact No. 15.) Katie, currently attending Aquinas College in Grand Rapids, played basketball and volleyball; Kristi, currently attending Cornerstone University, also in Grand Rapids, played softball, basketball, volleyball, tennis and was a member of the swim and dive team; and Kelsey, currently a junior at Northview High School, plays basketball and volleyball. (Tr. at 15:7-16:2, D. Madsen; Tr. at 90:15-22, Kristi Madsen.) Ms. Madsen is also president of Plaintiff Communities for Equity (CFE). (Tr. at 23:22-24:12, D. Madsen.) Ms. Madsen testified that she viewed a number of areas in her children’s school’s girls’ sports programs as highly inequitable, compared to boys’ sports programs, and she subsequently became interested in changing the situation. (See, e.g., id. at 16:7-19:7.) Ms. Madsen and other parents with similar concerns at other schools began to meet to discuss the issue, and CFE was formed. (Id. at 23:6-21.) CFE was founded by parents and student-athletes in 1997 “to educate people about the compliance of Title IX, about gender equity in general in athletics, and to advocate for the compliance of Title IX.” (Tr. at 23:3-28:25, D. Madsen.) CFE works toward this goal by distributing a “parental tool kit” for parents and students to learn about Title IX, and by speaking to groups throughout Michigan. (Id. at 25:14-20, 26:14-27:2; Trial Exhibit (Tr. Exh.) 51 (CFE Tool Kit: “A Parental Guide to Title IX and Gender Equity in High School Athletics”).) In addition, CFE advocates its position with various parties, including the MHSAA, to whom CFE complained about the current scheduling of seasons for girls, including sending CFE’s position papers and examples of harms that CFE feels result for girls under the status quo. (See Tr. Exhs. 57-59.) Plaintiff Jay-Roberts Eveland has filed suit on behalf of her daughters, Kele and Breanna, who were both minors at the time this lawsuit was filed. (Tr. at 372:19-22, Kele Eveland Testimony; Tr. at 633:14-17, Breanna Eveland Testimony; Stip. Fact No. 30.) Ms. Eveland is also vice-president of CFE. (Tr. at 24:9-15, D. Madsen.) The Eveland daughters have participated or currently participate in high school sports at East Kentwood High School, a MHSAA member school. (Stip. Fact No. 15.) Kele, currently attending Georgia Tech University on an athletic scholarship for volleyball, played volleyball and basketball in high school. (Tr. at 374:17-21, K. Eveland.) Breanna, currently a senior at East Kentwood High School, plays basketball and volleyball and runs track. (Tr. at 634:15-23, B. Eveland.) This lawsuit has been certified as a class action. Madsen, Eveland, and CFE represent a class of all present and future female students enrolled in MHSAA member schools participating in interscholastic athletics or deterred from participating because of Defendant MHSAA’s allegedly discriminatory conduct, and who are adversely affected by that conduct. Communities for Equity v. Michigan High Sch. Athletic Ass’n, 192 F.R.D. 568, 570 (W.D.Mich.1999). B. Defendant Michigan High School Athletic Association Defendant Michigan High School Athletic Association (MHSAA) acts as the governing body for interscholastic sports in the State of Michigan. The MHSAA is an incorporated membership organization. (Tr. Exh. 28 (MHSAA Articles of Incorporation).) Its Articles of Incorporation describe the MHSAA’s purpose as follows: To create, establish and provide for, supervise and conduct interscholastic athletic programs throughout the state consistent with the educational values of the high school currículums, the interest in physical welfare and fitness of the students participating therein by giving the opportunity to participate in athletics designed to meet the needs and abilities of all and to make and adopt such rules and regulations and interpretation thereof to carry out the foregoing and to further provide for the training and registering of officials and to publish and distribute such information consistent therewith and to do any and all acts and services necessary to carry out the intent hereof. (Tr. Exh. 28; Stip. Fact 1.) The MHSAA membership is comprised of over 700 Michigan high schools, over 80 percent of which are public. (Tr. Exh. 9(a) at 13 (2000-01 MHSAA Handbook); MHSAA’s Answers to Plaintiffs’ First Request for Admissions, Response No. 5 (served 7/28/99).) Put another way, all of Michigan’s public high schools with qualifying interscholastic athletic programs, with the exception of some charter schools, are MHSAA members. (Compare Tr. Exh. 12 (1999-00 MHSAA Member School Directory) with Tr. Exh. 26 (Michigan Department of Education’s list of public high schools).) Nearly all of MHSAA’s member schools are recipients of Federal financial assistance. (Compare Tr. Exh. 12 with Tr. Exh. 25 (Michigan Public School District Directory).) The MHSAA was founded in 1924 “to exercise control over the interscholastic athletic activities of all schools of the state through agreement with the Superintendent of Public Instruction.” (Tr. Exh. 116 at 3 (1978-79 MHSAA Handbook Foreword).) Historically, the interscholastic athletic programs of all Michigan public schools were supervised and controlled by either the Michigan Superintendent for Public Instruction or by the State Board of Education. See School Code of 1955, 1955 P.A. 269, § 784; Mich. Comp. Laws § 388.1014 (2001). The MHSAA was housed within the Michigan Department of Education, and its Executive Director was known as the “State Director of Athletics.” (Tr. Exhs.115, 117.) The MHSAA’s handbook, rules, and regulations were part of the Administrative Code of the State of Michigan. (Tr. Exh. 118.) In 1972, the Michigan Legislature amended the School Code to move the authority for interscholastic athletics from the State Board of Education to the boards of individual school districts, permitting the districts to join the MHSAA as long as a representative of the State was a member of the MHSAA’s governing body. 1972 P.A. 2, § 379 (repealed 1976); Mich. Comp. Laws § 380.1289 (1976) (amended 1995). Also, the Michigan Legislature designated the MHSAA as the “official association of the state for the purpose of organizing and conducting athletic events, contests, and tournaments among schools and [decreed that it] shall be responsible for the adoption and enforcement of rules relating to eligibility of athletes in schools for participation in interschool athletic events, contests and tournaments.” Id. The MHSAA incorporated itself in 1972 “to create, establish and provide for, supervise and conduct interscholastic athletic programs throughout the state consistent with educational values of the high school curriculum.” (Tr. Exh. 28 at 2 (Articles of Incorporation); Stip. Fact No. 1.) Membership in the MHSAA is open to all secondary schools in Michigan. (Tr. Exh. 9(a) at 15 (2000-01 MHSAA Handbook, Constitution, art. II, § 1).) To join the MHSAA, a school’s board of education must agree to adopt MHSAA rules and regulations “as its own and agree[] to primary enforcement of such rules as to its own schools.” (Id. at 15 (Constitution, art. II, § 2).) Membership may be denied or delayed to schools who engage in “practices and behaviors ... that are in opposition to [MHSAA’s] regulations and principles for interscholastic athletics.” (Id. at 14 (“How to Join the MHSAA”).) In 1995, the Michigan Legislature amended the School Code again, removing the MHSAA’s official designation, but confirming that school districts were still authorized to “join organizations [such as the MHSAA] as part of performing the functions of the school district.” Mich. Comp. Laws § 380.11a(4) (2001). The 1995 amendment resulted in no substantive changes in the structure or operation of the MHSAA or in its relationships with its member schools. The MHSAA regulates interscholastic athletic competition between member schools and sets standards for school membership and eligibility of students to participate in interscholastic athletics. For example, the MHSAA has adopted playing rules and regulations for each MHSAA-sanctioned sport. (Tr. Exh. 9(a) at 50 (Regulation II, § 8).) These regulations “apply in sub-varsity, as well as varsity, interscholastic scrimmage as well as games, and regular season as well as MHSAA tournaments.” (Id. at 26; Tr. Exh. 14 at 7 (1999-00 MHSAA Coaches Guidebook, p. 5) (“Schools shall adhere to the playing rules adopted by the MHSAA to govern games and meets in baseball, basketball, competitive cheer, cross country, football, golf, gymnastics, ice hockey, soccer, softball, skiing, swimming and diving, tennis, track and field, volleyball and wrestling.”).) Further, the MHSAA must approve any meet or tournament held in Michigan involving three or more teams sponsored by a nonmember school, and if such an event is approved, it must be conducted pursuant to MHSAA rules. (Tr. Exh. 9(a) at 47-48 (Regulation II, § 5(A) and Interpretation No. 157).) MHSAA rules state that any person coaching an interscholastic team “SHOULD be a member of the regular teaching staff or the school district.” (Tr. Exh. 9(a) at 46 (Regulation II, § 3) (capitalization in original).) Non-faculty member coaches must register with the MHSAA prior to assuming any coaching duties. (Id.; Tr. Exh. 21(f) (MHSAA Non-Faculty Coach Registration Form).) In all MHSAA-sanctioned sports except tennis and golf, the MHSAA requires its member schools to use only MHSAA-reg-istered game officials to officiate athletic contests in which teams from those schools participate. (Tr. Exh. 9(a) at 49 (Regulation II, § 7).) To register as an official, a person must complete an application form indicating which sports he or she will officiate, pass a written examination on MHSAA rules and regulations, and pay a registration fee to the MHSAA. (Tr. Exh. 20(a) (MHSAA memorandum to “Prospective MHSAA Officials”); Tr. Exh. 20(b) (MHSAA Officials Registration Application).) The MHSAA limits participation in interscholastic athletics to “eligible” students. (Tr. Exh. 9(a) at 46 (Regulation II, § 1).) To be eligible to play, a student must, among other things, be younger than age 19, have passed at least four full credit courses during the previous semester, be currently passing four full credit courses, and have passed a physical examination. (See id. at 27-46 (Regulation I— “Essential Eligibility Requirements for Senior High School Students”); Tr. Exh. 18 (MHSAA pamphlet summarizing eligibility rules).) Member schools who violate any of the MHSAA’s rules are subject to a wide range of penalties, including censure, probation, bans from regular season competition and MHSAA tournaments, forfeiture, and expulsion. (Tr. Exh. 9(a) at 78 (Regulation V, § 4).) MHSAA has adopted a “due process procedure” for investigating alleged violations and assessing penalties, which includes adequate notice to the party being investigated, written findings, and the right of appeal. (Id. at 21-23 (Due Process Procedure).) MHSAA actively enforces its rules and regulations. (MHSAA’s Answers to Plaintiffs’ Second Request for Admissions, Response No. 37 (served 7/29/99).) “[Gjeneral control of interscholastic athletic policies” is vested in the Representative Council, according to the MHSAA’s Constitution. (Tr. Exh. 9(a) at 18 (Constitution, art. VI, § 1).) The Council is composed of nineteen voting members, of which fourteen individuals are elected by member schools, four individuals are appointed by the Representative Council, and one is a representative of the state superintendent of education. (Id. at 15 (Constitution, art. IV, § 1).) Except for the state representative, membership in the Representative Council is limited to faculty and board of education members of each member school. (Tr. Exh. 9(a) at 16.) Council members must resign their positions if they end their position at member schools. (Tr. Exh. 9(a) at 13,15-17.) The fourteen elected members of the Representative Council are elected by vote of the member schools. (Tr. Exh. 9(a) at 13.) In 2000-01, seventeen of the nineteen members of the MHSAA Representative Council were employees or representatives of public schools or school districts. (See Tr. Exh. 9(a) at 6-7 compared with Tr. Exh. 25 (Michigan Public School District Directory).) The MHSAA has an Executive Committee, comprised of five Representative Council members, three elected officers and two members appointed by the president. (Stip. Fact 6.) One of the Executive Committee’s powers is to “[m]ake all rules necessary for the effective control and government of interschool activities consonant with the legislation enacted by the Representative Council and with this Constitution (Tr. Exh. 9(a) at 18.) The Executive Director of the MHSAA is “the executive officer in control of Senior High School and Junior High/Middle School interscholastic athletics.” (Tr. Exh. 9(a) at 19.) The Executive Director is also responsible for investigating, deciding, and penalizing violations of the MHSAA’s rules and regulations. (Id.) Decisions of the Executive Director are “subject to review by the Executive Committee and/or the Representative Council, upon appeal by the Administration of the Member School or Schools involved.” (Id.) Most of the MHSAA’s revenue is derived from state championship tournaments. Approximately 86 percent of the MHSAA’s budget comes from the sale of tickets to its tournament events. (Tr. Exh. 16 at 2 (Flyer-“This is the MHSAA”).) Member schools remit a substantial portion of the gate receipts from their participation in the state championship tournaments to the MHSAA. (See Tr. Exhs. 37(a)-(h) (MHSAA Financial Report Forms from MHSAA Tournaments).) For example, in 1997, Rockford High School hosted a regional football playoff which grossed $14,948 in admissions; $12,208 (82 percent) was remitted to the MHSAA. (Tr. Exh. 87(a).) The remainder of the MHSAA’s revenue comes from tournament concessions, fees for the registration of officials, advertising in tournament programs, corporate sponsorship, and royalties from radio and television broadcasts of MHSAA tournament events. (Tr. Exhs.35-37.) The MHSAA issues broadcast policies on radio and television coverage for both regular season and post-season tournaments. “The Representative Council ... passed a regulation effective August 1, 1989, prohibiting live television origina-tions of regular-season athletic events involving member schools.” (Tr. Exh. 21(a) at 3.) MHSAA rules also state that “[n]o school may televise live — or may grant on a complimentary or fee basis to either a profit or nonprofit entity the rights to televise live on commercial, subscription or independent stations or networks — any interscholastic event in which any MHSAA member school is a participant in any MHSAA Tournament sport.” (Tr. Exh. 9(a) at 59 (Regulation II, Section 14(B)).) Schools participating in broadcast events do not receive any portion of the broadcast royalties. (Tr. Ex. 20(a)). Finally, member schools host many of the tournament games and provide employees to manage those game sites. (See MHSAA’s Answers to Plaintiffs’ First Request for Admissions, Response No. 7 (served July 28, 1999).) Until January 1, 1988, MHSAA employees with state teaching certificates were considered state employees eligible to participate in the state retirement system. Mich. Comp. Laws § 38.1347(1) (1987). Employees who began with the MHSAA before that date still have membership in the state employees’ retirement system. Mich. Comp. Laws § 38.1347(l)-(2) (2001). The Representative Council appoints committees which make recommendations to the Council on seasons and other issues, recommendations which are rejected or approved by the Council. (Id. at 944:13-945:1.) Further, as a condition of membership, schools are obligated to follow all of the MHSAA rules; put simply, “it’s a take it or leave it proposition.” (Tr. at 867:11-15, K. McGee.) Many member schools belong to leagues or conferences which also regulate interscholastic athletics to some degree. (Tr. at 785:16-788:5, K. McGee.) But all conference rules must comply with MHSAA rules, since the schools are also MHSAA members. (Id. at 863:14-864:1; Tr. at 164:4-10, L. Kostreva; Tr. Exh. 222, at 2, 6-9.) The Big Nine Athletic Conference Constitution, for example, prescribes that “failure to join MHSAA will result in automatic exclusion from membership in the league.” (Tr. Exh. 222 at 6 (Big Nine Athletic Conference Constitution).) The MHSAA determines when seasons occur. The MHSAA prescribes when practice may begin, when competition may begin, when competition must end, and the maximum number of games that may be played. (Tr. Exh. 9(a) at 54-55 (Regulation II, § 11(A)).) Member schools are prohibited from practicing outside of the dates set by the MHSAA calendar. (Tr. Exh. 9(a), at 54-61, 109-110; Tr. Exhs. 63, 83.) Member schools may not participate in any competition beyond the end of the MHSAA season or state championship tournament in any sport. (Id. at 59 (Regulation II, § 12).) For example, for the 2000-01 school year, the MHSAA prohibited girls’ basketball teams from practicing before the week of August 15, limited teams to 20 games and four scrimmages for the season, and required teams “to terminate practice and competition on or before the final date of the MHSAA sponsored ... tournament.” (Tr. Exh. 9(a) at 54-55 (Regulation II, §§ 11(A), 11(B), and 12).) Schools, with the assistance of conferences and leagues if they are a part of one, set only the practice schedule and game dates within a season. In addition, MHSAA rules prohibit member school athletes from participating in both interscholastic sports and amateur club sports in the same sport in the same season. (Tr. Exh. 14, at 4; Tr. Exh. 9(a) at 43-44.) The MHSAA also limits the scope of permissible activities “outside of the MHSAA-defined season for a sport.” (Tr. Exh. 9(a) at 55 (Regulation II, § 11(G)).) Sports activities during that time cannot use school transportation, school uniforms, or school district funds; hold mandatory practices or games; or involve more than three players from the same school team if the coach is also present. (Id.) The MHSAA sponsors state championship tournaments in twelve boys’ sports and twelve girls’ sports. (Tr. Exh. 16 at 3 (Flyer — “This is the MHSAA”).) These state-wide tournaments are open only to MHSAA member schools who comply with MHSAA’s rules and regulations. (Stip. Fact No. 14; MHSAA’s Answers to Plaintiffs’ First Request for Admissions, Response No. 12 (served July 28, 1999); Tr. Exh. 9(a) at 76 (Regulation V).) “[0]nly those teams playing a sport during a current season will be eligible to enter the MHSAA meet or tournament in that sport. For example: Girls golf teams playing in the fall season will not be eligible to enter the Girls Regional Golf Tournament in the spring.” (Tr. Exh. 9(a) at 60 (Regulation II, § 15, Interpretation No. 214).) The very nature of interscholastic athletics necessitates a controlling entity like the MHSAA. (Tr. Exhs.22, 115.) The structure provided by the MHSAA as Michigan’s governing body is necessary for appropriate organization of interscholastic athletics. “[I]t would be chaos” with “a system of high school sports where there is not a level playing field ... by when [schools] compete against each other.” (Tr. at 869:8-14, Kathleen McGee Testimony; Tr. Exh. 22 at 3 (MHSAA document explaining that in contrast to non-athletic activities such as music and drama, central control and a “statewide regulatory body” is necessary to the success of interscholastic athletics).) Indeed, 90 percent of high schools in the state of Michigan and 60 percent of the junior high/middle schools are members of MHSAA. (Tr. Exh. 16 at 2.) II. THE SCHEDULING HISTORY OF GIRLS’ SPORTS John Roberts, the MHSAA’s current executive director, has written, “Boys’ sports were in [MHSAA member] schools first and girls’ sports, which came later, were fitted around the pre-existing boys program. While this allowed for the best use of facilities, faculty and officials, it also led to an imbalance of girls’ athletic opportunities across the three seasons of the school year.” (Tr. Exh. 81 at 1 (John Roberts, “Sports and Their Seasons,” 1990-91 MHSAA Bulletin).) Until the early 1970s, before it was an MHSAA-sanctioned sport, girls played high school basketball in the winter at the same time boys’ teams played. (Tr. at 576:1-15, 577:20-25, Catherine Dritsas Testimony.) In December 1970, the MHSAA received requests from certain schools for permission to start girls’ basketball practice “before the established winter starting dates,” to run girls’ basketball in fall. (Tr. Exh. 33 at 2 (“Girls Basketball in Michigan,” Sept. 1983 MHSAA Bulletin).) The reasons given for the request included “better use of the physical plants.” (Id; Tr. at 578:1-8, C. Dritsas.) After a hearing held on October 11, 1971 to discuss the topic, it was recommended that a rule permitting competition in girls’ basketball at any time during the school year be adopted. (Tr. Exh. 33 at 2.) There is no indication whether this rule was adopted. (See id) Presumably the rule was adopted, however, since an unknown number of girls’ teams may have also been playing in the fall at some point before the MHSAA sponsored a tournament for girls’ basketball. (Cf. Tr. at 772:6-10, K. McGee.) The MHSAA held the first MHSAA girls’ basketball tournament in fall 1973. (Tr. Exh. 27 at 6 (1972-73 MHSAA Bulletin, vol. XLLX [sic], at 422).) Surveys were submitted to schools to determine when they wanted the tournament held. (Tr. Exh. 33 at 2.) In 1976, the MHSAA’s Girls’ Basketball Committee recommended that the “Girls Basketball season move to the Winter and Girls Volleyball be played in the fall.” (Tr. Exh. 78 at 1 (Minutes of 5/22/76 Girls Basketball Committee Meeting).) The following year, the MHSAA merged the Girls’ Basketball Committee into a single committee of boys’ and girls’ basketball coaches. (Tr. Exh. 78 at 3 (Minutes of 5/5/77 Basketball Coaches Committee Meeting).) By a vote of 11-2, the newly-constituted Basketball Coaches Committee voted to keep boys’ basketball in the winter and girls’ basketball in the fall. (Id) Some schools attempted to continue playing girls’ basketball in the winter. (Tr. at 580:5-14, C. Dritsas.) Within a couple of years, however, these schools had to move girls’ basketball to the fall because they “didn’t have anybody to compete against and the girls were denied the opportunity of any state tournament competition.” (Id) The MHSAA noted in 1983, in “Girls Basketball in Michigan,” that “[i]t is alleged that girls and boys are not treated equally because of the split seasons; but it is quite obvious, based on the surveys, that school administrators believe a split season in boys and girls basketball is the very best way to meet the needs of interscholastic athletic competition for both boys and girls.” (Tr. Exh. 33 at 2.) Prior to 1971-72, the MHSAA scheduled boys’ golf in the spring. The MHSAA moved the boys’ season to the fall to obtain “the use of better courses on Saturdays.” (Tr. Exh. 29 at 2 (1973-74 MHSAA Bulletin, vol. L, p. 5)). In 1976, the Representative Council decided to conduct the girls’ tournament on Mondays instead of Saturdays “since Saturdays are days in which it is extremely difficult to acquire courses for participation.” (Tr. Exh. 10(b) at 3 (1976 MHSAA Bulletin, at 6).) The following year, the Sports Season Committee reconsidered recommending to the Representative Council that it switch girls’ golf from the spring, to the fall, but the vote was defeated within the committee by a narrow margin. (Tr. Exh. 87 (5/4/77 Sports Season Committee Meeting Minutes at 16).) In 1981, the Representative Council decided to schedule boys’ and girls’ soccer together in the fall, “based on the survey of schools, as well as the financial advantage to schools in conducting the sport during the same season for boys and girls.” (Tr. Exh. 47 at 3 (Minutes of 12/9/81 Representative Council Meeting at 393).) In fact, sixty member schools voted for separate seasons for the sexes in soccer, but eighteen schools voted for a combined season. (Tr. Exh. 229 (1981 Survey — Soccer).) However, most schools (507) expressed no preference, and many apparently did not vote. (Id.) After being asked by several school administrators to reconsider its decision, the Representative Council “determined that, beginning with the 1982-83 school year, a Boys Soccer Tournament would be scheduled in the fall and a Girls Soccer Tournament would be scheduled for the spring.” (Tr. Exh. 10(d) at 5 (Minutes of 3/28/82 Representative Council Meeting).) In May 1990, the MHSAA recognized that girls’ participation opportunities in the winter season were lacking. “[Gjirls’ athletic opportunities in the winter are in almost every Michigan high school, inadequate compared to boys’ opportunities in the winter and girls’ opportunities in the fall and spring.” (Tr, Exh. 81 at 1 (John Roberts, “Sports and Their Seasons,” 1990-91 MHSAA Bulletin).) Consequently, the MHSAA took the “first step” to remedy this inequity “by changing Lower Peninsula girls swimming and diving from the fall season to the winter.” (Id.) Thirteen years earlier, in 1977, the MHSAA’s Sports Season Committee had recommended to the Representative Council that it “change the girls swimming season to coincide with the boys season in the winter.” (Tr. Exh. 87 at 1 (5/4/77 Sports Season Committee Minutes).) In November 1990, the MHSAA reversed the decision to move girls’ swimming and diving to the winter and decided to study, among other things, “the most opportune placement of the girls and boys swimming seasons in the Lower Peninsula” and “the most opportune placement of other sports currently regulated by MHSAA (volleyball, basketball and golf for girls and soccer for boys are frequently discussed).” (Tr. Exh. 81 at 1 (John Roberts, “Sports and Their Seasons,” 1990-91 MHSAA Bulletin).) This reversal was due to opposition, at least in part, by fifty schools and the Michigan Interscholastic Swim Coaches Association (MISCA). (Tr. Exh. 45 at 236; Tr. at 1196:2-24, Greg Phill Testimony.) Following its reversal, the Representative Council “reaffirmed the need to continue discussing sports seasons.” (Tr. Exh. 95 at 9-11 (4/23/91 Memorandum Regarding “Pro-Active Approach to Expanding Athletic Opportunities for Girls in the Winter Season”).) This discussion led to a proposal that the MHSAA move “slowly and deliberately to examine the placement of several existing programs” while at the same time considering whether to sponsor new winter activities for girls. (Id.) The MHSAA was aware that it could be held legally liable if girls’ sports seasons were found legally inequitable. The proposal to study seasons was “made mostly to do what is’ needed for girls, but also in part to keep the MHSAA in a position of choosing its future voluntarily rather than being forced to fight legislated or court-ordered changes in the future if something is not done soon.” (Tr. Exh. 95 at 9.) Of the three winter activities that it considered, bowling, indoor track and competitive cheerleading, MHSAA decided to adopt cheerleading for girls in 1994. (Tr. Exh. 95 at 10; Tr. Exh. 9(a) at 26; Tr. Exh. 98.) With respect to moving existing seasons, the Representative Council was informed by the author of an MHSAA document that “it is important for the long term that the MHSAA conduct without fanfare a comprehensive study of sports seasons,” including (1) “switching girls and boys Lower Peninsula swimming seasons by the year 2000;” (2) “combining boys and girls golf into a single coed program by the year 2000 (and possibly doing the same for tennis);” and (3) “switching girls volleyball and basketball seasons by the year 2000.” (Tr. Exh. 95 at 11.) That memo, of April 23, 1991, also “proposed that the Representative Council give the directive to the MHSAA staff in May to work quietly but steadily through the state’s athletic and educational communities for however long is necessary to find and/or forge consensus regarding these and other ideas.” (Id. (unclear whether emphasis in original).) There is no evidence that the MHSAA studied the sports season issue as recommended, and MHSAA has implemented none of the proposed changes detailed above. Finally, the MHSAA does not currently sponsor boys’ volleyball. But the MHSAA’s executive staff and volleyball committee have recommended that once the sport is adopted, it be played in the spring when the NCAA schedules men’s volleyball. (Tr. Exh. 79 at 2 (Excerpts from Spring 1997 MHSAA Representative Council Meeting Agenda).) III. SPORT-SPECIFIC FACTS A. Girls’ Basketball The Court determines that there are a number of specific disadvantages to playing basketball in the fall. After hearing the evidence, the only potential advantage is the possibility that the opportunity for recruitment to play collegiate basketball may be increased because college women’s coaches may be able to see teams that play in the fall more often and with fewer NCAA recruiting restrictions. However, the MHSAA did not offer any evidence to prove that this translated into more scholarships or spots on collegiate basketball teams than Michigan girls would otherwise receive. Regardless, moving girls’ basketball to the traditional winter season would still give girls exactly equal opportunity to be recruited for collegiate play as boys’ basketball players. Moreover, there is only circumstantial evidence that Michigan girls playing in the winter would not be recruited at the same level that the MHSAA asserts that they are in fall. Finally, the Court finds that girls were originally scheduled to play basketball in the fall to avoid inconveniencing the boys’ basketball team, and that kind of historical stigma should be erased. 1. General Disadvantages to Playing in Fall In 1999-2000,19,760 girls played basketball for MHSAA member schools. (Tr. Exh. 99 at 42-43.) The MHSAA schedules the girls’ basketball state championship tournament in the fall. (Stip. Fact No. 41.) For 2001-02, the MHSAA set the first practice date for August 13, the first contest date for August 27, and the end of the season as December 1. (Tr. Exh. 9(a) at 113.) This places the girls’ basketball season in the fall. Forty-eight states schedule girls’ basketball in the winter. (Tr. Exh. 256.) The National Collegiate Athletic Association (NCAA) also sehed-ules college women’s basketball in the winter. (Tr. Exh. 40 at 2.) The MHSAA schedules the boys’ basketball state championship tournament in the winter. (Tr. Exh. 9(a) at 113). For 2001-02, the MHSAA set the first practice date for boys as November 12, the first contest date for December 3, and the end of the season as March 23. (Id.) Winter is the season when high schools in the rest of the country play boys’ basketball and when the NCAA schedules men’s basketball. (Tr. Exh. 256; Tr. Exh. 40 at 2.) The traditional playing season for basketball is the winter. (Tr. at 497:1-4, D. Lopiano). Plaintiffs presented very credible evidence that the MHSAA’s scheduling of girls’ basketball in the fall disadvantages girls in several ways. Because Michigan girls play basketball in the fall season, they cannot participate in special events for professional or semi-professional teams, such as playing before or at halftime of a professional game, that take place during the traditional winter season. (Tr. at 99:8-100:8, Kristi Madsen Testimony.) Michigan’s female high school basketball players do not get to participate in “March Madness” or the excitement and publicity surrounding this time period when the rest of the country’s high schools and colleges are participating in championship basketball tournaments. (Tr. at 98:1— 23, Kristi Madsen; Tr. at 114:20-115:21, Kelsey Madsen.) “March Madness” is the season of the year when basketball is the featured sporting event in the news media because of NCAA tournaments, and a number of promotional events promote basketball and basketball players. Kelsey Madsen testified that “for boys’ basketball, it means tournaments and publicity for it and everyone is watching boys’ basketball. It’s a big hype for the season.” (Tr. at 114:23-25, Kelsey Madsen.) High school girls’ basketball in Michigan cannot similarly capitalize on the excitement that “March Madness” promotions create in the general public because they are not playing in March. Kelsey Madsen said, “I would love [playing girls’ basketball during ‘March Madness.’ ”] It would be awesome, just to know that you’re part of something like that, to have an opportunity to play and be known in the season as like ‘March Madness.’ It’s just everyone knows what it is. It would be good.” (Id. at 115:16-21.) Kristi Madsen said that not being able, as a high school basketball player, to participate in the “March Madness” hype made her feel “[ajngry. I didn’t like it. Again, the guys get a ton of special perks or attention because it’s ‘March Madness’ and because they are playing in March, during ‘March Madness.’” (Id. at 98:19-23.) Moreover, attention is on the sport of football and the state football tournament in the fall, which is when girls play basketball. (Id. at 99:1— 7, Kristi Madsen.) Because Michigan girls do not play basketball in the winter and because Friday nights are dedicated to boys’ football in the fall, girls often must play basketball during school nights on Tuesdays and Thursdays. (Tr. at 29:18-32:6, D. Madsen; Tr. at 93:16-94:9, Kristi Madsen (testifying that she and her teammates “had to bring homework to do at the games or on the bus because we had school the next day on both Tuesday and Thursday nights”).) On the other hand, Michigan boys are able to play basketball on Tuesday and Friday nights in the winter. If the girls played basketball during the traditional winter basketball season like the boys, girls would also have the opportunity to play games on Tuesday and Friday nights. (Tr. at 94:2-9, Kristi Madsen; Tr. at 518:1-7, D. Lopi-ano.) Moreover, Michigan girls have decreased ability to be nationally ranked or obtain All-American honors because they play basketball during the non-traditional fall season. (Tr. at 501:17-502:2, D. Lopi-ano.) Dr. Linda Bunker testified that Parade All-American team selections for high school basketball players are made in March. She further testified that “[i]f you play your high school basketball season in the fall, you’re not even really eligible to be considered. I mean, you can be legally considered, but everybody’s forgotten about you. It’s a tremendous disadvantage.” (Tr. at 706:1-6, Linda Bunker Testimony.) Not being able to participate in national team rankings and All-American honors “affects [Michigan girls’] visibility to recruiters in terms of college athletic scholarship opportunities.” (Tr. at 501:25-502:2, D. Lopiano.) Ms. McGee counters that Michigan girls still can be and are nationally ranked in rankings like the USA Today National Poll and Parade All-American Team. (Tr. at 878:16-21, K. McGee.) The MHSAA did not, however, provide any evidence that suggested that the ability to be ranked whs not influenced by the fall playing season. Girls also lose opportunities to participate in national shoot-outs such as the Nike and Blue Star shoot-outs. These shoot-outs occur in the fall when girls are participating in their high school basketball seasons. In fall 2001, there were eighteen Blue Star shoot-outs between September 16 and October 21 that Michigan girls could not attend because of the scheduling of their high school seasons in the fall. (Tr. at 911:18-913:5, S. Guevara.) The boys’ high school basketball season is approximately three weeks longer than the girls’ season, giving boys a greater opportunity to practice and play. (Tr. at 499:23-500:5, D. Lopiano; Tr. Exh. 63 (1998-99 MHSAA Quick Reference Calendar).) Michigan girls, unlike Michigan boys, cannot compete against teams in neighboring states because girls in those states play basketball in the traditional winter season. (Tr. at 503:10-18, D. Lopi-ano; Tr. at 175:12-22, L. Kostreva (testifying that Menominee boys play basketball against Wisconsin high schools during the MHSAA regular season).) Playing against teams in neighboring states can also lessen travel burdens. (See id. at 171:25-172:8, 175:12-22, 198:7-14 (testifying that Menominee boys need only travel five minutes to play certain Wisconsin schools whereas girls must travel an average of 90 minutes to play other Michigan schools).) 2. Recruiting The testimony regarding the effect that the placement of the girls’ basketball season in the fall has on college athletic recruitment opportunities conflicted. The MHSAA argued that Michigan girls have special advantages in being recruited to play on collegiate teams by playing high school basketball in the fall, which are discussed infra. Even if this were true, however, it is undisputed that if Michigan girls played basketball during the winter season, they would, at the very least, be on “equal footing” with Michigan boys and with girls in the rest of the country with respect to collegiate recruiting. (Tr. at 851:21-852:4, K. McGee; Tr. at 910:12-16, Sue Guevara Testimony). Ms. McGee testified that “it’s very easy to get [the] kids [she coaches] evaluated in the fall.” (Tr. at 795:9-14, K. McGee.) While the Court places a good deal of weight on Ms. McGee’s impression given her experience in coaching girls’ basketball, her testimony must also be considered in light of Flint Powers’ status as “one of the most successful” girls’ basketball teams in Michigan whose “experiences [might be] different from the run-of-the-mill programs in the state.” (Id. at 825:14-23.) Another MHSAA witness on this issue, head University of Michigan (U of M) women’s basketball coach Sue Guevara, testified that recruiting in basketball begins long before an athlete’s senior year and can, in some cases, start as early as before the ninth grade. (Tr. at 887:19-888:6, 899:17-900:1, S. Guevara.) Ms. Guevara testified that she sees many other women’s basketball coaches from around the country, including from prestigious women’s basketball programs, at the top girls’ games in Michigan, since before the beginning of October, attending high school games does not count against the forty “contact” limit placed on coaches by the NCAA. (Tr. at 886:7-17, S. Guevara.) In addition, it is more convenient for college coaches to attend high school games during this time since the women’s college practices have not started yet. (Tr. at 886:22-887:1, S. Guevara). Ms. Guevara indicated that these factors result in more visibility for Michigan’s girls to be recruited, and that she believed that she and her staff would not have the same opportunities to watch and evaluate Michigan girls if they play in the winter season. (Cf Tr. 885:18-20; 891:17-892:19, S. Guevara.) On the other hand, Plaintiffs point out that to the extent that college basketball recruiting occurs at club tournaments in the fall, Michigan girls cannot play at such tournaments, and therefore cannot be seen by out-of-state recruiters at those events. (Tr. at 911:18-913:5, S. Guevara (testifying that 18 Blue Chip tournaments occur in the fall at which she evaluates and recruits players).) Ms. Guevara’s response to Michigan girls’ inability to attend these fall tournaments was that “they don’t need to.” (Id. at 913:3-5.) Michigan college coaches are also still able to attend summer AAU basketball tournaments, where every women’s college basketball program is in attendance. (Tr. at 905:9-14, 909:4-7, S. Guevara.) Plaintiffs also argued that if Michigan girls played in the winter, college coaches would still be able to recruit them just as they recruit girls outside of Michigan. For example, the University of Michigan’s women’s basketball team plays on Thursdays and Sundays in the winter. (Tr. at 892:1-8, S. Guevara.) If Michigan girls played in the winter on Tuesdays and Fridays — as Michigan boys do — U of M’s coaching staff would be able to attend Michigan girls’ high school games on those days, even if they conflict with U of M’s practice times. NCAA recruiting restrictions prevent college coaches from watching and evaluating basketball players during “quiet periods” and “dead periods,” as defined in the NCAA Manual. (Tr. Exhs.5, 7, 65-66.) During the winter season, however, the NCAA does not set any quiet periods. Instead, the “evaluation period,” when players can be observed off-campus, runs October 8-February 28, and the “contact period,” when off-campus, in-person recruiting contacts can be made, runs March 1-26. (Tr. Exh. 5 at 3-4; Tr. Exh. 7 at 9.) Thus, the period when recruiters can observe high school players runs through the fall and winter seasons. The period when recruiters can contact players off-campus is during the winter season. Plaintiffs also argue that Michigan girls face some recruiting restrictions because of the fall basketball season. In 2001-02, for Division I schools, the NCAA has set “quiet periods” when in-person recruiting contacts are limited to campus visits, for August 1-September 8 and September 30-October 7. (Tr. Exh. 5 at 3-4 (Excerpts from 1999-00 NCAA Recruiting Manual, pages 88-89); Tr. Exh. 7 at 9 (2001-02 NCAA Guide for the College-Bound Student-Athlete).) The NCAA has also set a “dead period,” when no contacts are permitted, for November 12-15. Id. In 2001-02, practice and the regular season for Michigan girls began during the first quiet period. (Tr. Exh. 9(a) at 113.) During these quiet periods, Michigan girls are playing high school games, presumably making on-campus visits more difficult. B. Girls’Volleyball The Court finds that the MHSAA’s scheduling of girls’ volleyball in the winter, not a traditional season for girls’ volleyball, disadvantages girls in several remarkable ways described in this section. Other scheduling decisions have forced girls’ volleyball into a non-traditional season, unlike the other sports with only boys’ teams. In volleyball, the non-traditional season is the disadvantageous season for girls. In 1999-2000, 20,934 girls played volleyball for MHSAA member schools, the largest number of participants in a MHSAA girls’ sport. (Tr. Exh. 99 at 42-43 (1999-2000 Athletics Participation Survey).) The MHSAA schedules the volleyball state championship tournament in the winter. (Stip. Fact No. 42.) For 2001-02, the MHSAA set the first practice date as November 15, the first contest date as December 8, and the end of the season as March 16. (Tr. Exh. 9(a) at 113 (2001-02 MHSAA Quick Reference Calendar).) This means that Michigan high school girls’ volleyball is played in the winter season. The traditional playing season for women’s volleyball is the fall. (Tr. at 497:21-498:1, Donna Lopiano.) Forty-eight states play high school girls’ volleyball in the fall. (Tr. Exh. 256 (National Federal Sport Season Surveys)). The NCAA schedules women’s volleyball in the fall. (Tr. at 246:8-9, Bette Norman-Nakamura Testimony.) Although the MHSAA does not currently sponsor boys’ volleyball, the MHSAA’s executive staff and volleyball committee have recommended that once the sport is adopted, it be played in the spring when the NCAA schedules men’s volleyball. (Tr. Exh. 79 at 2 (Excerpts from Spring 1997 MHSAA Representative Council Meeting Agenda).) College volleyball recruiting focuses on the amateur, private club programs, like those sponsored by an organization called the United States Volleyball Association (USAV), rather than the high school programs because of recruiters’ ability to see a far larger number of players in a single setting than at a high school contest or tournament. (Tr. at 326:20-327:6, Charles Erbe Testimony) (testifying that a recruiter can only see twenty-four players at a high school match or 100 players at a high school tournament compared to as many as 5,000 players at a USA Volleyball tournament held over a two to three-day period). The recruiting that occurs in Michigan during the high school girls’ volleyball season is mostly limited to smaller in-state schools. (Tr. at 330:8-21, C. Erbe; Tr. at 383:7-16, K. Eveland; Tr. at 427:5-12, Sharon Schatz Testimony.) The USAV and AAU, another private club program, seasons for high school age players to play in their amateur programs are from January through June or July. (Tr. at 206:3-207:5, B. Norman-Nakamu-ra.) MHSAA rules prohibit athletes from participating in USAV or AAU club volleyball during their December through March high school season. (Id. at 221:21-24; Tr. Exh. 9.) The most competitive club volleyball programs are sponsored by USAV, the sport’s national governing body. (Tr. at 327:3-7, C. Erbe; Tr. at 382:15-383:3, Kele Eveland;. Tr. at 1066:7-10, Phil Wilson Testimony.) Outside of Michigan, the USAV club season for high school age girls begins in early January and continues through early July. (Tr. at 206:8-14, B. N orman-N akamur a.) Michigan girls who participate in high school volleyball are not able to participate in USAV club volleyball until April, after the MHSAA season has ended, while players in other states have been playing club volleyball since January. (Tr. at 328:1-22, C. Erbe.) The MHSAA prohibits students from playing on any team other than a school team during the MHSAA-defined season in that sport. (Tr. Exh. 9(a) at 43 (Regulation I, § 13); Tr. at 453:10-19, Jack Magelssen Testimony.) By the end of the MHSAA season, most of the regional and national USAV tournaments have been filled by non-Michigan teams. When there are openings, Michigan club teams are placed “at the very bottom of the tournament where they do not get a chance to compete at the high levels because they haven’t been competing, they don’t have a power rating, [and] they don’t have the ranking that other teams do when they do the [seeding].” (Tr. at 328:4-12, C. Erbe; Tr. at 441:7-15, J. Magelssen.) Michigan club teams have difficulty excelling at these tournaments because they are becoming accustomed to playing with new teammates and a new coach while their competitors have already been playing together for four months. (Tr. at 446:4-14, J. Maglessen.) It is therefore more difficult for recruiters to evaluate Michigan players at these tournaments. (Id. at 446:15-19.) Playing high school volleyball in the winter rather than the fall affects Michigan girls’ ability to be recruited in two ways. First, they are not seen by college coaches who go to the USAV club tournaments to recruit. (Tr. at 328:23-329:3, C. Erbe; Tr. at 386:3-22, K. Eveland.) Second, they miss out on “the experience of competing against a broad base of competition.” (Id. at 329:3-14, C. Erbe.) This experience is instrumental in forging a player’s psychological framework and confidence that she can “compete against anybody at any level.” (Id.) Because of the shortened club season for Michigan girls, over a four-year high school career, they will have 16 months less of competitive training and experience compared to girls in the 48 states that play high school volleyball in the fall. (Tr. at 330:22-331:8, C. Erbe.) This shortened experience disadvantages Michigan girls because recruiters are looking for players “with the most experience.” (Id. at 331:9— 19, 441:5-7, J. Magelssen.) This limited experience affects even those girls who are eventually successfully recruited to play in college volleyball programs. (Tr. at 342:1-7, C. Erbe (observing that his Michigan recruits come into college “less confident,” “scared,” and “afraid to make mistakes” compared to his out-of-state recruits).) For example, Kele Eveland, an All-State volleyball player as a junior and senior, received only one handwritten letter from smaller Division II schools during the MHSAA volleyball season. (Tr. at 387:18-23, K. Eveland.) Similarly, Brean-na Eveland, a first-team All-State volleyball player as a sophomore and junior, has thus far received only one scholarship offer from a small Division I college and was not currently being recruited by any other schools at the time of trial. (Tr. at 635:2-637:7, B. Eveland.) In addition, the limits placed on the experience gained by Michigan high school female volleyball players as a result of playing school volleyball in the winter are increasing. “[Experience is becoming an overwhelming factor in the recruiting process, and there just aren’t Michigan girls that are at that level.” (Tr. at 333:15-20, C. Erbe.) Michigan State’s women’s volleyball team has no recruited Michigan players as freshmen. Nor will Michigan State have any Michigan players among the incoming freshman recruits in 2002-03. (Id. at 333:12-14.) The MHSAA high school season also disadvantages Michigan girls seeking college athletic scholarships because it occurs after the NCAA’s early signing date. Under NCAA rules, high school athletes can first commit to a college program during the second week of November. While there is a subsequent signing date in the spring, the majority of players sign on the first date. (Tr. at 331:20-332:5, C. Erbe.) As a result, a Michigan player is placed at a “severe disadvantage to her counterparts around the nation who are playing high school volleyball in the fall,” and whose season is completed or nearly complete by the first signing date. (Id. at 332:14-18.) As Mr. Erbe testified: [Ljet’s say I have one scholarship left and I’m looking at a young lady from Illinois and I’m looking at a young lady from Michigan. Because the high school season is in the fall in Illinois, I can go watch that young lady compete to get a final evaluation before I make a decision. I cannot watch the Michigan player because her high school season does not start until after the signing date. (Id. at 332:6-14.) These recruiting disadvantages affect not only Michigan’s elite volleyball players but also Michigan girls with a broad range of ability who could be recruited by smaller Division I programs, Division II and Division III programs, and NAIA programs. (Tr. at 329:19-330:7, 332:19-23, C. Erbe.) These disadvantages not only cost girls opportunities to participate in college athletics but further harm those girls who, without athletic scholarships or related financial assistance, would be unable to afford to attend college or to attend the college of their choosing. (See Tr. at 380:6-16, K. Eveland; Tr. at 562:8-15, Breanne Hall Testimony.) The average Michigan high school volleyball player is two to three years behind players in other states. (Tr. at 369:3-6, C. Erbe.) Michigan girls cannot be named to All-American teams and their teams cannot participate in national rankings and polls. (Tr. at 444:9-445:1, 447:5-12, J. Magels-sen.) This lack of recognition further hinders girls’ ability to be recruited nationally. (See Tr. at 501:25-502:2, D. Lopiano.) In addition to reducing college athletic opportunities, Michigan girls’ inability to participate in club volleyball programs is itself harmful. Girls miss opportunities to further develop technical skills, as well as the opportunity simply to play. Over the course of a high school career, girls will play sixteen months fewer of volleyball than they otherwise could if volleyball were scheduled in the fall because of the conflict between the club and high school playing seasons. (Tr. at 330:22-331:8, 331:9-19, C. Erbe; Tr. at 441:5-7, J. Ma-gelssen.) Club volleyball benefits not only the elite player but the “grass roots” player who wants to develop her skills in order to make her high school team. (Tr. at 414:8-12, 429:1-5, S. Schatz (“the players in Michigan are at a disadvantage, whether they are elite or whether they are the kid just trying to make the “A” team in high school because they have restricted amount of time that they can practice out of season, [and] attend clinics”).) In addition, this limits opportunities for girls who live at or near Michigan’s borders to participate in volleyball clubs that are close in distance to them. Lynn Kos-treva, a teacher and head volleyball coach at Menominee High School, testified that her daughters have been invited to compete on club volleyball teams in Wisconsin but are unable to do so because the Wisconsin club season conflicts with the MHSAA season. (Tr. at 160:1-5, 178:11-23, L. Kostreva.) Menominee is in Michigan’s Upper Peninsula, which borders Wisconsin. Michigan girls are not' able to attend college volleyball matches as a team with their coach because MHSAA prohibits such a gathering from occurr