West Virginia Record

Wednesday, January 22, 2020

Student challenges WVSSAC over denial of exception to transfer rule to play sports

State Court

By Kyla Asbury | Jan 8, 2020

School

BECKLEY – A Beckley student is suing the West Virginia Secondary School Activities Commission alleging it denied his request for an exception of a transfer rule.

Jordan McInnis was a student at Woodrow Wilson High School for two years before transferring to Greater Beckley Christian High School in August, according to a complaint filed in Raleigh Circuit Court.

McInnis claims his parents, Tyrone Long and Rayshawn Long, petitioned the WVSSAC for a hardship exception to the perceived transfer rule, requesting that the WVSSAC allow Jordan to participate in athletics at Greater Beckley Christian High School without being required to sit out an entire school year first, but WVSSAC denied the request.

The request was not only denied by the WVSSAC Board of Directors but was also denied by the WVSSAC Board of Review, according to the suit.

McInnis claims during the Board of Directors hearing, WVSSAC's counsel noted that there was a change to the transfer rule and its application, meaning that students during specific years basically were "grandfathered" in to allow graduate transition and implementation of the rule, but counsel said the old rule did not apply in McInnis' case.

"It is from this revelation regarding the change and implementation of the transfer rule which the plaintiff seeks relief," the complaint states.

McInnis claims the old rule, which was in effect on Sept. 8, 2015, is applicable to his position and not the rule that became effective nearly a month after he had enrolled. He claims he should be allowed to be grandfathered in.

McInnis claims that if the injunction isn't granted he will suffer irreparable harm as he will continue to be deemed ineligible by application of a rule that did not become effective until after he had enrolled in school and is contrary to the WVSSAC's own interpretation of the rule and the transitional application of the revised rule.

McInnis is seeking a preliminary injunctive order. He is represented by Robert B. Kuenzel of Kuenzel Law in Chapmanville.

According to court records, a status hearing has been scheduled for Jan. 22. 

Raleigh Circuit Court case number 19-C-509

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