WINFIELD, W.Va. -- Two teacher organizations and a state agency have filed motions to be included in a Putnam County lawsuit challenging a state law that the former basketball coach of Winfield High School claims cost him his job.
Paul Sutherland, former coach of the Winfield High School girl's basketball team, filed the suit in Putnam Circuit Court against the county Board of Education in June.
Sutherland lost his job because of a state law that directs a county board of education to hire certified teachers for coaching positions over individuals without a certificate.
Last month, the West Virginia Education Association, the state American Federation of Teachers and the state Board of Education filed motions to intervene in the lawsuit on behalf of the Putnam County Board of Education, because they claim the county board does not fully represent their interests.
Putnam County Circuit Court Judge Phillip Stowers held hearings on the matter on Oct. 21 and Nov. 4. Stowers is expected to make a ruling on the interventions this week.
The state BOE has also requested the lawsuit be transferred to Kanawha County Circuit Court.
In response, Sutherland argues none of the entities had a role in the Putnam County board's decision not to renew Sutherland's contract.
"The petitioners merely have an ancillary or incidental interest in the outcome of this case," but as required by law have not shown "direct and substantial" interest, Sutherland's response states.
Earlier this year, Stowers ruled against a motion from the Putnam County Board of Education to include the state BOE in the lawsuit as an indispensable party.
The state board's motion to intervene is an attempt to "take a second bite of the apple," states Sutherland's response to the WVBOE's most recent motion.
The state AFT claims Sutherland's lawsuit may have an adverse effect on current teachers across the state.
"At this time, teachers are not represented in this case. Yet, this case directly impacts the right of teachers," according to a motion from the AFT to intervene in the lawsuit.
WINFIELD, W.Va. -- Two teacher organizations and a state agency have filed motions to be included in a Putnam County lawsuit challenging a state law that the former basketball coach of Winfield High School claims cost him his job.
Paul Sutherland, former coach of the Winfield High School girl's basketball team, filed the suit in Putnam Circuit Court against the county Board of Education in June.
Sutherland lost his job because of a state law that directs a county board of education to hire certified teachers for coaching positions over individuals without a certificate.
Last month, the West Virginia Education Association, the state American Federation of Teachers and the state Board of Education filed motions to intervene in the lawsuit on behalf of the Putnam County Board of Education, because they claim the county board does not fully represent their interests.
Putnam County Circuit Court Judge Phillip Stowers held hearings on the matter on Oct. 21 and Nov. 4. Stowers is expected to make a ruling on the interventions this week.
The state BOE has also requested the lawsuit be transferred to Kanawha County Circuit Court.
In response, Sutherland argues none of the entities had a role in the Putnam County board's decision not to renew Sutherland's contract.
"The petitioners merely have an ancillary or incidental interest in the outcome of this case," but as required by law have not shown "direct and substantial" interest, Sutherland's response states.
Earlier this year, Stowers ruled against a motion from the Putnam County Board of Education to include the state BOE in the lawsuit as an indispensable party.
The state board's motion to intervene is an attempt to "take a second bite of the apple," states Sutherland's response to the WVBOE's most recent motion.
The state AFT claims Sutherland's lawsuit may have an adverse effect on current teachers across the state.
"At this time, teachers are not represented in this case. Yet, this case directly impacts the right of teachers," according to a motion from the AFT to intervene in the lawsuit.
"The position taken by [Sutherland] ... seeks to strip teachers of well-established employment rights to the detriment of many of its members," according to the AFT motion.
The WVBOE asks to be included because "the only party capable of protecting the interest of the State Board is the Board," according to a motion in support of the WVBOE.
The WVBOE also argues the Legislature enacts laws but is not charged with enforcing them. That is the duty of other agencies, and in this case, it is the WVBOE.
"The Board is charged with enforcement of the statute and the rules and therefore has a vital interest in this proceeding," the motion states.
The WVBOE also says if the state law is ruled unconstitutional in Putnam County, it "would create a logistical nightmare for the enforcement of the rules of the Board throughout the state, and the SSAC's rule in the other 54 counties."
If the law is ruled unconstitutional, the county BOE may not appeal the ruling because of public sentiment for Sutherland that members of the county board may feel will affect their chances for reelection, the motion states.
Sutherland had been head coach of the basketball team for eight years, with a record of 159 wins and 43 loses. Under his tenure, the team advanced to the state AA tournament six times, and took home two championship wins, the suit states.
In the eight years prior to Sutherland taking over the coaching position in 2000, the girls' basketball team had a record of 60 wins and 114 losses, and had not attended the state tournament since 1990, according to the suit.
Under the current state law a county board of education must show hiring preference to a certified teacher for coaching positions, "without regard for the non-teacher's current position, qualifications, seniority, success or tenure," Sutherland's suit states.
"Even a teacher with no playing or coaching experience, training or qualification must be hired over the non-teacher under state law," Sutherland's suit states.
Reach Veronica Nett at veroni...@wvgazette.com or 304-348-5113.
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School employees are not given priority. Teachers are. Were a teacher’s aid, support personnel or other employee of the BOE given the same priority as teachers you might have an argument. As they aren't, your statement is BS.
For the record, teachers were given the choice of this position for 7 years and none wanted it. At least until Coach Sutherland created a perennial winner and had a team that was set to continue that streak.
Individuals outside the school system always have the option of coaching rec teams.
I for one hope he wins this suit and am willing donate to assist his cause as this is an archaic law that needs to be removed from the books.
The position that a teacher is more qualified to coach a sport then a non-teacher is lunacy and is discriminatory in nature.
A system should be put in place where anyone wishing to coach should have to become certified by the SSAC (teachers included) and then the best person available hired for the sport by a committee set up within the school an/or county. And if they aren't getting the job done, they should be fired.
Currently, not only are teachers given preference, once they get the job, you can’t get rid of them no matter how bad they are. And even if you could, principals (former teachers) won't in most cases.