McHUGH, Justice:
Petitioners The West Virginia Secondary School Activities Commission ("SSAC" or "WVSSAC") sought a writ of prohibition in connection with the November 30, 2010, issuance of a preliminary injunction by the Circuit Court of Kanawha County through which Respondents, four South Charleston High School football players,
With only fourteen seconds left in a AAA football playoff game on November 19, 2010, a player for South Charleston High School ("South Charleston") intercepted a pass thrown by the Hurricane High School ("Hurricane") quarterback. Immediately after the interception, a Hurricane player threw several punches at a South Charleston player and then a number of players from both teams joined the melee on the field. Despite the remaining time on the clock, a decision was made to call the game
Following the decision to call the game and when everyone was still on the field, the coaches made repeated inquiries of the game officials to identify which players were ejected because of the fighting incident. David Hume, the back judge on the officiating crew, responded to the coaches by stating that he had South Charleston players number 1 and 15 noted as ejected on his card. At this point, law enforcement officials ordered the officials to exit the field and go to their locker room for safety reasons.
When the officials convened in their locker room, David Hume rechecked his game card and realized that he had misread the number 7 on his card for a 1. In explanation of this mistake, he stated that he read the numeral incorrectly due to the chaos of the pepper spraying
Based on the special report submitted by the game officials, the SSAC suspended the respondent players from the next football game to be played — the AAA semifinal game against Brooke High School on Saturday, November 27, 2010. In response to the SSAC suspension, the respondent players sought a temporary restraining order from the circuit court.
Following an ex parte hearing on November 23, 2010, the circuit court granted a temporary restraining order with regard to the SSAC's suspension of the subject football players. Through its ruling, the trial court directed that "Tyler Harris, Pierria Henry, Trevond Reese, and Emerson Gagnon shall remain eligible to participate in interscholastic athletics until further order of the Court and until this matter may be fully heard." The SSAC filed a motion to dissolve the temporary restraining order on November 26, 2010. On Saturday, November 27, 2010, the respondent football players participated in the AAA semifinal game when South Charleston played and defeated Brooke High School by a score of 29-28.
On Monday, November 29, 2010, the circuit court held an evidentiary hearing on the respondents' request for injunctive relief.
In a separate but related matter, the Circuit Court of Brooke County granted a temporary restraining order on November 30, 2010, directing that the "State Championship football game for the AAA division of the State of West Virginia shall not be played until such time as the disciplinary action against South Charleston High School by the WVSSAC be considered final and that all legal action concerning this matter be legally concluded." Prohibiting the SSAC from canceling the 2010 Class AAA state football championship game, the Brooke County Circuit Court directed that the game be rescheduled "as soon as practicable following the conclusion of all of the litigation and disciplinary actions of the WVSSAC."
On December 2, 2010, the SSAC filed a petition with this Court through which it sought a writ of prohibition to prevent enforcement of the preliminary injunction issued by the Circuit Court of Kanawha County. Based on the ruling issued by the Brooke County Circuit Court postponing the AAA state championship game pending final resolution of the SSAC's suspension decision, the Brooke County Board of Education sought to intervene in this matter.
By order entered on December 7, 2010, this Court issued a writ of prohibition against the circuit court judge to prevent enforcement of the temporary restraining order and the preliminary injunction at issue after determining that both of those rulings were an improper exercise of the trial court's authority. Allowing the Brooke County Board of Education ("Board") to intervene in the matter, we declared that upon this Court's grant of extraordinary relief to the SSAC the actions initiated by the respondent players to prevent enforcement of the SSAC's disciplinary action became final. We further ruled that "[a]ny determination as to whether a forfeiture is required in connection with the participation of the South Charleston High School football players subject to this matter in the playoff game held on November 27, 21010, must be resolved solely by the governing body, the WVSSAC, and is clearly outside the jurisdiction of this Court and any other court, including the Brooke County Circuit Court."
The SSAC contends that the trial court acted in excess of its authority when it initially issued a temporary restraining order and later when it issued a preliminary injunction in connection with the SSAC's suspension of the respondent players. The standard by which we determine whether a trial court exceeded its legitimate powers is set forth in syllabus point four of State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996):
With these standards in mind, we proceed to determine whether the SSAC has established the necessary grounds for a writ of prohibition.
In explanation of its decision to issue the preliminary injunction, the trial court "recognize[d] that it has limited jurisdiction with respect to review of matters involving the WVSSAC, and generally will not interfere with the internal affairs of a voluntary association and ordinarily [will] refrain from reviewing its decisions." This statement is in accord with our holding in syllabus point two of State ex rel. WVSSAC v. Oakley, 152 W.Va. 533, 164 S.E.2d 775 (1968): "As a general rule courts should not interfere with the internal affairs of school activities commissions or associations." In justification of its involvement in the SSAC suspension ruling at issue, the trial court declared that it had authority to issue a preliminary injunction because "the WVSSAC [had] exceed[ed] its legitimate authority."
While the trial court cited our decisions in Hamilton v. WVSSAC, 182 W.Va. 158, 386 S.E.2d 656 (1989), and Mayo v. WVSSAC, 223 W.Va. 88, 672 S.E.2d 224 (2008), as support for its intervention in the SSAC matter, the lower court overlooked significant language from both those decisions that specifically identifies the abuse of the SSAC's rule-making authority
At issue in Hamilton was an SSAC eligibility rule that was aimed at preventing "red-shirting," or intentionally sidelining an athlete for physical growth purposes to enhance the performance of a school's sports teams. The football player affected by the eligibility rule in Hamilton was ineligible to play for purely academic reasons and not because he had been intentionally redshirted. 182 W.Va. at 160-61, 386 S.E.2d at 658-59. In concluding that the red-shirting rule exceeded the SSAC's "legitimate authority to promulgate `reasonable' regulations for school sports," we determined that the rule, while aimed at a legitimate purpose, was not reasonably designed to address only those situations where someone was intentionally red-shirted and that the prevention of red-shirting could be "accomplished in a more reasonable and less restrictive way." Id. at 161, 386 S.E.2d at 659.
In Mayo, this Court reversed the trial court's decision that the SSAC rules pertaining to forfeiture and prohibiting the protest of an ejection were unconstitutional. 223 W.Va. at 97, 672 S.E.2d at 233. Because the forfeiture rule had never been invoked or raised by the parties in any fashion in Mayo, the trial court's determination on this issue was deemed an improper advisory ruling. Id. at 94, 672 S.E.2d at 230. Bothered by the lack of administrative review prior to the SSAC's imposition of a multi-game sanction, the trial court relied upon the absence of due process as the basis for its finding that the SSAC non-protest rule was unconstitutional. But, as we explained in Mayo, the due process protections the trial court sought to impose on the regulation of interscholastic athletics were not applicable. Those protections stem from a constitutionally protected property or liberty interest, neither of which are extant in interscholastic athletics or other extracurricular activities. Id. at 93, 672 S.E.2d at 229. In discussing the issue of whether the SSAC is a state agency,
Relying on the above-cited footnote from Mayo as the fulcrum of its decision, the trial court reasoned: "[A]fter the Mayo decision", "the unreasonable promulgation or application of a WVSSAC rule may still be challenged." (Emphasis supplied). Critically, the trial court's conclusion — that courts are entitled to examine the SSAC's application of its rules — does not follow from our recognition in Mayo of the three grounds for challenging a properly promulgated legislative rule. 223 W.Va. at 95 n.17, 672 S.E.2d at 231 n.17. Nothing in the jurisprudence of this Court supports the trial court's foundational premise that courts are permitted to second guess the manner in which the SSAC applies its rules.
In concluding that the SSAC had exceeded its authority, the trial court reviewed the official football rules published by the National Federation of State High School Associations ("NFHS"), the official contest rules relied upon by the SSAC.
As an initial matter, we observe that the Rule 1 of the NFHS football rules, which the trial court found the officials and the SSAC to have violated, is not a rule that was promulgated pursuant to the authority granted the SSAC by West Virginia Code § 18-2-25.
Under SSAC rules, member schools are subject to the rule that requires "all relations with other schools," including participation in athletic contests, to be conducted "in a spirit of good sportsmanship." 127 C.S.R. § 4-2.1. Failure to abide by this rule of good sportsmanship carries the specific penalty of ejection from the game in which the unsportsmanlike conduct occurred along with prohibition from participating in "the next regularly scheduled contest(s)." 127 C.S.R. § 4-2.3. In addition to the general requirement of good sportsmanship, SSAC rules specifically address the situation when a player "strikes an opponent, coach, or a spectator during or following an athletic event." Under 127 C.S.R. § 4-3.7.2, that type of conduct permits either the principal or the WVSSAC to declare a player ineligible for participation "for a specified period of time up to one year, depending on the seriousness of the act." The SSAC rules further provide that "[a]ny coach, student, or bench personnel ejected by an official will be suspended for the remainder of the game, match, meet or contest" and "will also face suspension in additional contest(s)." 127 C.S.R. § 4-3.7.3.
Under SSAC rules, "[u]nsportsmanship action must be reported in detail to the WVSSAC." 127 C.S.R. § 4-3.8. To facilitate the reporting of such conduct, the SSAC has developed a form entitled "Special Report" that game officials are required to submit to both the school principal and the SSAC. While the SSAC rules do not specify the time period in which these Special Reports are to be submitted, the form itself indicates that it "must be filed by the official within twenty-four hours following the incident."
While counsel for the respondent players initially represented to the trial court that the Special Report containing the numbers of the South Charleston players who were suspended was submitted outside the twenty-four hour period designated on the report, this averment was ultimately retracted.
Because the respondent players were not ejected until after the game had been officially called, the trial court concluded that the respondent players were wrongly ejected by the game officials and, thus, improperly suspended by the SSAC. The trial court, as discussed above, looked to Rule 1 of the NFHS Rules to reach this conclusion. From our review of the record of this matter, the trial court arguably interpreted the term "jurisdiction," as it is used in Rule 1,
Seeking to apply the NFHS Rules in a virtual vacuum, independent from the realities of the electric atmosphere that existed on the field, the trial court placed undue emphasis on the language of Rule 1 which provides that the game officials have authority over the field and players "through" the end of the contest. The trial court seemingly faults the officials for calling the game and obeying the directives of law enforcement to clear the field. Implicit in the trial court's ruling is the conclusion that to comply with both the NFHS and SSAC rules, the game officials had to opt not to call the game and remain on the field to announce which players were ejected for participating in the on-field fight. Not only is this conclusion not supported by the rules, but it reflects a failure to fully consider and appreciate the events that had just transpired on the field.
In marked contrast to the trial court's interpretation of the subject rules, the duties and/or authority of the game official do not automatically cease with the running of the game clock. When asked whether the ending of the game terminated the authority of the officials at the hearing on the preliminary injunction, Michael Webb, the football clinician for the SSAC and rules interpreter, who serves as the SSAC's rules representative on the National Federation of High School Football Rules Committee, testified: "No, sir, it does not. Their jurisdiction extends through the end of the game, and then as they leave the field the jurisdiction is extended until they finish their duties. In this case, writing up the report and all that stuff for the governing body, which is the SSAC." It stands to reason that the performance of duties that flow directly from the on-field officiating fall within the "jurisdiction" or authority of the officiating position. To suggest otherwise is to deny both the realities of athletic competitions and the post-game tasks the officials are routinely required to complete.
In the immediate aftermath of the on-field altercation, a consensus was reached by the officials and the coaches that the game should not continue. Given the circumstances of this particular game, the post-game identification of the players to be ejected for participating in the fight was clearly reasonable and not outside the authority of the game officials.
The trial court's conclusion that the "WVSSAC's power to suspend a player is limited to the ejection call made by the official on the field" is clearly erroneous. Not only is there no basis in the rules for this conclusion
Having determined that the SSAC's suspension of the respondent players was valid, we return to the overarching issue of whether the trial court wrongly invaded the province of the SSAC with regard to its examination of the SSAC's compliance with its own rules. Arguing that the circuit court lacks the authority to determine whether game officials complied with any rule, the Intervenor Board posits that it "is within the sole discretion and authority of the WVSSAC and its Executive Director to determine whether or not game `Special Reports' were filed in a manner which complied with" the requirements "of the WVSSAC Officials' Handbook." We agree. For the same reasons that judicial review was not warranted with regard to an official's call in Mayo, there was no basis for the trial court's involvement in this case. See 223 W.Va. at 93, 672 S.E.2d at 229. As we sought to make clear in Mayo, the trial courts of this state have no business invading the legislative grant of authority given to the SSAC with regard to interscholastic sports.
Coincident with the legislative grant of authority to the SSAC to "exercise the control, supervision and regulation of all interscholastic athletic events," matters falling within the province of the SSAC's bailiwick are, as a rule, beyond the purview of court interference. W.Va. Code § 18-2-25; see Oakley, 152 W.Va. 533, 164 S.E.2d 775, syl. pt. 2. While there are limited occasions where review is permitted, such as a well-founded challenge to a legislative rule promulgated by the SSAC,
By superimposing its judgment on how the SSAC applied its own rules with regard to handling ejections and suspensions, the trial court exceeded its jurisdiction. Simply put, the trial court lacked any authority to engage in a review of the SSAC's decision to suspend the respondent players pursuant to its properly promulgated rules. As a result of that improper exercise of jurisdiction, the SSAC is entitled to a writ of prohibition. See Hoover, 199 W.Va. 12, 483 S.E.2d 12, syl. pt. 4; accord Oakley, 152 W.Va. at 540, 164 S.E.2d at 779.
Having determined that the trial court exceeded its authority in issuing both the temporary restraining order and the preliminary injunction, a writ of prohibition was previously entered by order of this Court on December 7, 2010, and the mandate was contemporaneously issued with that prior ruling.
Writ granted.