Missouri Attorney General Catherine Hanaway has launched an investigation into the Missouri State High School Activities Association (MSHSAA).
According to State Auditor Scott Fitzpatrick, a whistleblower was told they could not apply for a board position because the person is white and male, citing a policy requiring at-large seats to represent an “under-represented gender or ethnicity.” The State Auditor’s Office operates a Whistleblower Hotline for the public to anonymously report allegations they want the state to investigate.
“Missouri does not tolerate race-based or sex-based discrimination, period,” said 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. Because MSHSAA receives significant public funding and exercises statewide authority over public-school extracurricular programs, any rule that conditions board eligibility on race or sex raises serious constitutional concerns.”
Fitzpatrick notified the attorney general in a letter, outlining an alleged Missouri State High School Activities Association policy that bans certain people from serving on MSHSAA’s board because of their race or sex. In the link above, the back and forth correspondence via letters between Fitzpatrick and MSHSAA are worth reading.
“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 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.”
In response to the investigation, MSHSAA provided a public statement.
“MSHSAA is a voluntary nonprofit association composed of more than 700 member schools that choose each year to affiliate with the organization. These member schools adopt and amend the MSHSAA Constitution through a statewide democratic process. More than two decades ago, member schools voted to create two at-large board positions designed to support strong governance and better reflect the students and school communities MSHSAA serves,” the statement said.
According to MSHSAA, the provision at issue has been in place for more than 20 years and has always been fully transparent through the association’s website.
MSHSAA stated under Article IV on Page 21:
“Each of two at-large positions shall be filled by a candidate representing the underrepresented gender of the current Board, or an underrepresented ethnicity. At-large members of the Board of Directors shall meet the same qualifications as described in number 1 above,” the statement said.
“This provision adapts to the Board’s changing composition, ensuring that perspectives which may be missing at a given time can be included. The provision expands access rather than restricts it. All qualified individuals remain fully eligible to serve through the eight geographically elected seats that make up the majority of the Board. The at-large positions simply provide another avenue for service within a longstanding, member-driven governance structure,” the statement continued.
MSHSAA said it does not discriminate in any manner.
“The Association is fully aware of its obligations under state and federal law and remains confident that the provision is lawful, constitutional and fully consistent with the standards expected of an organization serving students across Missouri,” said MSHSAA.
Missourinet has requested interviews from the attorney general and MSHSAA on this matter.
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