For the second time this week, the Supreme Court of Appeals of West Virginia has sided with the state’s governing body for high school athletics.
This time, the decision allows the West Virginia Secondary Schools Activities Commission to proceed with the Class A State Volleyball Tournament, which had originally been scheduled for November 12 and 14 at the Charleston Coliseum.
As a result of competing injunctions during the postseason, the tournament was postponed. It will now be played December 2-3 at West Virginia State University.
Two days after the Supreme Court of Appeals vacated injunctions that led to a one-week delay for the high school football playoffs, it ruled in favor of the WVSSAC again.
On October 30, the Circuit Court of Tyler County provided an injunction to Tyler Consolidated High School for the Silver Knights to compete in Class A’s postseason after playing the regular season as a Class AA program.
Twenty-three schools, including TCHS, had been reclassified in football just before the regular season began, though that was not the case in any other sport.
In the ruling, which is based on the same grounds as the one earlier this week regarding football, the Supreme Court stated:
It is beyond question that the WVSSAC had the authority to reclassify under West Virginia Code of State Rules §127-3-10. Objections to those classifications were appropriately appealed to the Board of Review, which body is constituted to hear disputes such as those at issue here. While the circuit court adopted the Board of Review’s conclusion that competitive balance was not achieved in implementing the classification rule because it created safety issues for football, the court went on to usurp the authority of the Board of Review by adjudicating Tyler Consolidated’s challenge to the application of the classification rule to the sports of volleyball and cheer. We have repeatedly held that the manner in which the WVSSAC applies its rules is not subject to judicial review.
We thus conclude that the circuit court exceeded its authority in adjudicating the as-applied challenge to the WVSSAC reclassification rule, particularly when that as-applied challenge was already litigated and addressed by the appropriate body.
Supreme Court of Appeals of WV Vacates Injunctions from Tyler, Hardy County
Sectional play had finished by the time the injunction was granted to Tyler, creating a dilemma for the WVSSAC.
To comply, Tyler and St. Marys agreed to play on November 2 for the right to face Trinity in the regional matchup. Tyler won, and St. Marys was eliminated at that point.
However, Trinity then filed an injunction in Monongalia County requesting it should be allowed to play St. Marys (the original opponent) instead of Tyler. After a judge granted the request, St. Marys defeated Trinity in the regional.
With conflicting court orders, Tyler was without a place in the regional tournament.
Tyler and St. Marys were then scheduled to battle again in a de-facto “play-in” game to qualify for a state quarterfinal, with the winner to be the No. 8 seed and face top seed East Hardy.
That brought about an injunction from the Circuit Court of Hardy County, which came in direct response to what the Supreme Court of Appeals ruled was the Circuit Court of Tyler County’s improper grant of injunctive relief.
In Thursday’s ruling, the Supreme Court of Appeals says the Circuit Court of Hardy County lacked the authority to interfere with internal affairs of the WVSSAC and overreached as a matter of law in directing the WVSSAC to exclude Tyler from the Class A State Tournament.
WVSSAC Class A State Volleyball Tournament Schedule
Monday, December 2
Quarterfinals
No. 4 Pendleton County vs. No. 5 Magnolia, 8:30 a.m.
No. 1 East Hardy vs. No. 8 St. Marys, to follow
No. 2 Greenbrier West vs. No. 7 River View, 1:30 p.m.
No. 3 Wirt County vs. No. 6 Sherman, to follow
Semifinals
East Hardy-St. Marys winner vs. Pendleton County-Magnolia winner, 6:30 p.m.
Greenbrier West-River View winner vs. Wirt County-Sherman winner, to follow
Tuesday, December 3
Class A final, 11 a.m.