CHARLESTON — The state Supreme Court granted the West Virginia Secondary School Activities Commission's writ of prohibition finding that the lower court lacked jurisdiction in reviewing a challenge to its waiver rule.
Chief Justice John Hutchison authored the majority opinion. Justice Bill Wooton did not participate in the decision because he formerly was an attorney for the SSAC. Judge James Courrier sat on the case by temporary assignment.
"First, we conclude that the circuit court completely lacked jurisdiction to review A.B.’s as-applied challenge to the WVSSAC’s Waiver Rule," the Nov. 1 opinion states. "Second, we conclude that while the circuit court had jurisdiction to determine whether the Residence-Transfer Rule is facially unconstitutional, the circuit court clearly erred in finding the Residence-Transfer Rule to be facially unconstitutional."
Hutchison
A.B. attended John Marshall High School for the 2020-21 school year and decided to transfer to Wheeling Central Catholic High School the following school year.
Heather B., A.B.'s mother, argued A.B. transferred to Wheeling Central for smaller class sizes and which could foster A.B.'s moral code and religious beliefs.
"A.B., who had previously played softball and basketball on recreation and travel teams, wanted to try out for sports at Wheeling Central Catholic, specifically softball and basketball," the opinion states. "Heather claimed A.B.’s participation in sports provided an outlet for A.B.’s introversion and anxiety."
A.B. then learned she might not be eligible to play sports at Wheeling Central Catholic because of the WVSSAC’s Residence-Transfer Rule.
Heather B. then e-mailed WVSSAC Executive Director Bernard Dolan seeking a waiver of the rule, but Dolan responded the rule precluded her from playing sports for one year and that A.B. had not demonstrated an extreme and undue hardship.
Heather B. then appealed to the review board, which sided with the board of directors. She then sought an injunction.
"The circuit court also concluded the WVSSAC applied the Waiver Rule in an arbitrary and capricious manner because at each level of the WVSSAC proceedings, A.B. presented uncontradicted evidence that playing sports was a mental health issue to her," the court states. "Thus, the circuit court found application of the Residence-Transfer Rule caused A.B.extreme and undue hardship under the Waiver Rule."
The Supreme Court found that the circuit court was in error in its conclusion and granted the writ of prohibition for WVSSAC.
West Virginia Supreme Court of Appeals case number 22-0261
