(CN) – An appeals court in West Virginia upheld a school’s automatic two-game suspension for student athletes who get ejected from basketball games. Former student O.J. Mayo, a first-round pick in the 2008 NBA draft, challenged his suspension after he was ejected for committing two technical fouls.
The trial court said the requirement, enforced by the West Virginia Secondary Schools Activities Commission, lacked “fundamental fairness” because it didn’t provide the opportunity for administrative review.
The appeals court reversed, saying Mayo had no property or liberty interest in playing on the team.
“Not only do we find it unwise to proceed down the path suggested by the trial court – inviting courts to review an official’s judgment call in assessing technical fouls – but the foundation underpinnings upon which the trial court based its rulings on the issue of due process are fatally flawed,” Justice McHugh wrote.
On June 26, Mayo was selected third overall in the 2008 NBA draft by the Minnesota Timberwolves. He was traded later that day to the Memphis Grizzlies.