Missouri – After additional allegations came to light saying that the Missouri State High School Activities Association was keeping board applicants out based only on their race and gender, officials in Missouri are starting a formal investigation into the group. Attorney General Catherine Hanaway announced the probe soon after State Auditor Scott Fitzpatrick sent her a long letter detailing the allegations and including evidence from a whistleblower.
Fitzpatrick said that his staff looked at messages made to a white male whistleblower who tried to get a board post with MSHSAA. The whistleblower was told that he couldn’t be considered because the seat had to be filled by someone from what the association deems a “under-represented gender” or “under-represented ethnicity.” This order came from Article IV, Section 2.b.2 of MSHSAA’s own constitution and was also sent in writing to the Auditor.
The Auditor’s letter says that MSHSAA did not say no to the policy. Instead, the group admitted that the rule was necessary and supported it. This made Fitzpatrick extremely concerned about its legality and how it might affect fairness in school activities across the state. He stressed that the association is very important to the daily life of students in Missouri since it oversees the regulations for sports and other activities for more than 700 junior and senior high schools and affects more than 200,000 participants. Fitzpatrick added that any regulation that limited eligibility based on race or gender could be unconstitutional because MSHSAA is a statewide governing body that gets a lot of public funding.
Attorney General Hanaway agreed with these concerns and said that Missouri can’t let groups that affect students’ lives and run educational programs discriminate against people.
“Missouri does not tolerate race-based or sex-based discrimination, period,” said Attorney General Hanaway. “No organization that governs our public schools and our children’s activities can operate under an immoral system that tells someone they are the wrong race or the wrong sex for leadership. My Office will be moving forward with an investigation, and we will ensure Missouri students are served by leaders chosen for merit, not the color of their skin.”
The upcoming investigation will depend a lot on the whistleblower’s emails with MSHSAA, the constitutional provision that was mentioned, and the association’s written defense of its policy. The Auditor’s letter includes these documents, which are the main evidence that led both state officials to take action.
“This discrimination is extremely troubling in any setting but is of even greater concern in this case because MSHSAA derives much of its funding from public sources and plays an important role in the extracurricular life of Missouri’s children,” said State Auditor Scott Fitzpatrick. “The fact is, the whistleblower was barred from applying for an at-large position because of their race and their gender. Missouri students deserve to have the most qualified, most committed individuals working on their behalf.”
The Attorney General is now looking into the matter. This is the first stage in determining if MSHSAA’s rules need to be modified and if there will be any legal implications.
The Auditor’s full letter can be read here.
