By Stephen Smoot
Two Fridays ago, Lincoln High School’s football team had resigned itself to missing the playoffs.
On Saturday, however, a court ruling seemed to usher them into the postseason.
No one will know for sure what the state football playoffs – or Class A volleyball playoffs for that matter – will look like until the West Virginia State Supreme Court of Appeals holds a special session to address the unfolding disaster.
Instead, football programs must wait for lawyers and judges to sort out controversies over the WVSSAC’s change to how schools are classified from Class A to Class AAAA. Last year, they chose to tweak and expand use of the Class AAAA category from basketball only to several other sports, including football and volleyball.
Now the postseason for both sports, volleyball in Class A and football across the board, remain in a holding pattern.
Last December, the WVSSAC approved expanding its pilot four class structure from basketball to several other sports, including football and volleyball. The Board of Control overwhelmingly approved the change.
A number of schools disputed their classification. The WVSSAC introduced new elements into the determination of which schools went into what class. Where before, the WVSSAC used only student population numbers, now it created a formula that relied on 80 percent enrollment, 10 percent location, and 10 percent socioeconomic factors.
Judge Carter Williams, during his hearing concerning volleyball tournament seeding last week in Hampshire County, noted that the new formula introduced subjectivity into a formerly objective process, creating what he called “a mess.”
Last August, over a three day period, the state Board of Review heard appeals from 22 schools on their classification. It allowed them to move down a class for one season only.
Compared to basketball, volleyball, softball, baseball, cheer, and other sports, football requires a delicate dance between scheduling tougher teams to build points while also playing winnable games.
This introduced significant disruption into the process by which programs set their schedules. The WVSSAC uses a strength of schedule formula, rewarding teams for “playing up.” Schools make strategic decisions in scheduling based on building reasonable paths to the postseason via wins and losses. For example, Lincoln would (if they played) receive more credit for playing Class AAA Ripley than Class AA Frankfort. Being in Class AA themselves, Lincoln has incentive to schedule more Class AA and Class AAA teams rather than Class A teams because playing those in the last category can adversely affect their chances of making the state playoffs.
On the final Friday of the regular season, the Wood County Board of Education filed a petition for an injunction against the WVSSAC rating formula. The WVSSAC fielded requests that the ratings system reflect the points that would have been awarded if the teams had never changed classes. For example, Petersburg High School was dropped from Class AA to Class A. Playing Petersburg as a Class A school in a fashion penalizes those who scheduled them, assuming that the Vikings would play in Class AA instead of Class A.
The Wood County ruling agreed with the Board of Education that the original seeding “serves to the economic detriment” of each Wood County school because it reduced the chance for them to financially benefit from hosting a home playoff game.
David Price, Executive Director of the WVSSAC, said on West Virginia Metro News’s Statewide Sportsline that “we had no choice but to implement the rule. Keep in mind, those rules were written by the Board of Control, the principals of the State of West Virginia, not the WVSSAC Executive Office. We just follow those.”
The next day, the Wood County Board of Education won their injunction, which caused the WVSSAC to issue new playoff brackets.
This, unfortunately, broadened the ripple effect of the unfolding disaster. Suddenly, Westside, Point Pleasant, Hampshire, and Tolsia, who had earned their way into the playoffs under the former rules, found themselves outside looking in. This is especially difficult for Hampshire, whose football team has not enjoyed much postseason play for many years.
They were replaced by Capital, St. Albans, Lincoln, and St. Marys. Seeding changed as well. When asked on Sportsline about the possibility of further court action, Price answered “then we would have competing injunctions. We can’t pick and choose which one we are going to follow. That would be up to a higher court to decide that.”
In a filing against the Wood County case, the WVSSAC counsel argued that “the Wood County Board of Education waited until the 11th hour of the 11th (and final) week of the 2024 football season to challenge the ratings methodology that had been published since week 3 of the season.” It also stated that Wood County had “failed to establish” that they had “exhausted their administrative remedies.”
In a separate filing, the WVSSAC asked for “expedited relief” in overturning the ruling of Judge John D. Beane.”
In another case, Judge Anita Harold Ashley ruled that “play in” games be scheduled between Point Pleasant and St. Albans on one hand and Hampshire and Capital on the other. Judge Ashley called the Wood County ruling “arbitrary and capricious” in ruling to mandate the play in games. The WVSSAC also found this ruling unacceptable, in part because it would cause even more delay to the start of the playoffs.
The West Virginia State Supreme Court of Appeals, despite the fall term ending last week, will hear the case. One of the Justices, William Wooton, voluntarily recused himself, seeing a conflict of interest. Chief Justice Tim Armstead listed some potential conflicts in a court document, but stated that they did not rise to the level of creating so much conflict that he could not be fair on the issue. He did set November 15 as the deadline date by which those objecting to his participation in the case could make arguments.
On Friday evening, the West Virginia State Supreme Court of Appeals issued writs of prohibition against the rulings of both Judge Beane and Judge Ashley, preparing the way for a comprehensive ruling for football. By Saturday, the West Virginia State Supreme Court of Appeals voided the ruling establishing the play in games, setting the stage for a comprehensive ruling later this week.
Few have brought up, outside of Judge Carter Williams in the volleyball case, that delays cause hardship for winter sports. Players need five sport specific practices to participate in a regular season basketball game and those who reach the championship games in football already miss a great deal of needed practice.
“I’ve been either a coach or an official in basketball for the better part of 44 years, and this is indeed a very unfortunate situation,” remarked Donnie Kopp. who coached Washington Irving to a state championship in basketball, served in the West Virginia House of Delegates, is currently a Magistrate Court judge, and coaches the girls team at Pendleton County. He added “this whole situation could have been avoided.”
Kopp called the issue for both girls and boys involved in delayed postseasons “a negative trickle down effect . . . Many . . . programs have many athletes that play multiple sports.” He speculated that some teams may have to reschedule games, creating “bus and transportation issues.” The fallout could even affect spring sports, Kopp speculated.
“Many sports fans schedule their vacations to attend state tournaments,” Kopp also shared, then concluding “let’s hope a resolution comes soon, for the sake of the student-athletes.”
Practice for girls basketball opened on Nov 12 while the boys started on Nov 18.