Cobb v. West Virginia Human Rights Commission

BENJAMIN, Justice.

This is an appeal of the West Virginia Human Rights Commission’s January 30, 2004 Final Order which adopted an Administrative Law Judge’s Final Decision dated August 26, 2003 in its entirety. Upon extensive review of the record before the West Virginia Human Rights Commission (“HRC”), together with the briefs and argument of counsel, we reverse the HRC’s January 30, 2004 Final Order for the reasons set forth below.

I

FACTS AND PROCEDURAL HISTORY

In April 2001, Beverly Wattie filed a complaint1 with the HRC on behalf of her daughter, Krystal Wattie2, a student at Riverside High…