CHARLESTON – The West Virginia Supreme Court of Appeals heard arguments this week regarding an appeal by a former basketball coach who alleged he was discriminated against because of his age.
The Rule 19 arguments were scheduled for April 24 before the Supreme Court.
The case involves former Capital High School basketball coach Carl Clark, who claims he was discriminated against based on his age when his coaching job was not renewed after the 2015 season was over and a 35-year-old was hired instead.
Clark claims that Kanawha Circuit Judge Charles King erred in siding with the Kanawha County Board of Education in 2016.
Clark retired in October 2014 from teaching, but continued to coach the school’s basketball team, which he had done for more than 20 years, for that season, and planned to continue coaching the team, however, the coaching job was posted as vacant when the season ended because Clark was not a certified teacher, nor was he on the substitute teacher list.
After the job was posted, Clark bid on the job, but Matthew Greene, who was a certified teacher at the high school, was chosen instead. Clark claimed this was done because he was 68 at the time, but the school board claimed it was because Greene was a certified teacher, where Clark no longer was.
Clark claimed on June 8, 2015, he was officially hired as a substitute teacher, and on that same day, the school board hired Greene.
“He was 68 years of age when two adverse employment decisions were made in relation to his coaching position: first, that it was declared vacant in the first place, and second, that he was not the successful candidate,” his brief before the Supreme Court states.
Clark coached the basketball team at Capital for 21 seasons and during his tenure, he led the team to two AAA championships, 317 wins and was named MSAC Coach of the Year for the 2014-15 season.
Clark is represented by Todd A. Mount and Richard W. Walters of Shaffer & Shaffer.
The school board is represented by Charles R. Bailey, James W. Marshall III and Unaiza Riaz of Bailey & Wyant.
The Supreme Court is expected to reach a decision on Clark’s appeal later this year.
W.Va. Supreme Court of Appeals case number: 17-0616