Legal Opinion

SER W. Va. Secondary School Activities Commission v. Hon. David W. Hummel, Judge, etc.

West Virginia Supreme Court

Decided February 26, 2015No. 14-1045PublishedCited by 1 opinion

1Opinion of the Court

Justice KETCHUM:

Petitioner, the West Virginia Secondary School Activities Commission (SSAC), seeks a writ of prohibition to halt enforcement of an October 3, 2014, order of the Circuit Court of Marshall County. The circuit court enjoined the SSAC from enforcing its penalty against a high school student-athlete. The student-athlete was ejected from a football game, resulting in his automatic suspension from the next game.

By statute, the Legislature required the SSAC to provide a “proper review procedure.” The circuit court found the SSAC violated this statutory requirement by adopting a…

2Cases cited30 opinions

  1. Goss v. LopezSupreme Court of the United States · 1975
  2. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  3. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  4. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  5. State Ex Rel. Peacher v. SencindiverWest Virginia Supreme Court · 1977

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3Cited by1 opinion

  1. State of West Virginia ex rel. West Virginia Secondary School Activities Commission v. Honorable Timoty L. Sweeney, Judge of the Circuit Court of Ritchie County and L.M., By and Through his Parents and Legal GuardiansWest Virginia Supreme Court · 2022

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