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Tuesday, February 3, 2026

West Virginia AG Launches ‘Investigation’ Into Men’s March Madness Selection Criteria

After the West Virginia Mountaineers were left out of the tournament, the governor called it “a miscarriage of justice.”

Mar 12, 2025; Kansas City, MO, USA; Colorado Buffaloes forward Bangot Dak (8) drives to the basket around West Virginia Mountaineers guard Javon Small (7) during the second half at T-Mobile Center.
William Purnell-Imagn Images

The state of West Virginia is launching a formal investigation into the NCAA’s men’s March Madness selection committee process after the West Virginia Mountaineers were left out of the bracket, Gov. Patrick Morrisey and attorney general JB McCuskey announced Monday.

“West Virginia deserved to be in the NCAA tournament,” Morrisey said in a press conference, standing at a podium with a sign reading “National Corrupt Athletic Association.”

“This was a miscarriage of justice and robbery at the highest levels,” Morrisey said.

Morrisey began his press conference by running through the Mountaineers’ résumé (19–13 overall), delving deep into bracketology jargon. He noted the team had six quad one wins, an undefeated record against quad three and quad four opponents. He then said UNC received the final spot—and suggested the outcome was evidence that the selection committee was “corrupt,” given that UNC athletic director Bubba Cunningham was not only the chair of the committee but also received a bonus for the Tar Heels’ tournament berth. The investigation will “determine if any back room deals, corruption, bribes, or any nefarious activity occurred during the selection process,” he said.

Morrisey and McCuskey said they hoped the NCAA would cooperate to disclose the selection process before considering subpoenas or other legal action. “We want transparency,” Morrisey said. “We want objective criteria.”

In multiple media interviews Sunday night, Cunningham and committee vice-chair and Sun Belt commissioner Keith Gill were adamant that the process was fair and objective. They said if an athletic director’s team is discussed as part of committee deliberations, the athletic director is asked to leave the room and recused from the discussion altogether. 

It’s the latest example of a growing trend of state and lawmakers getting involved in college sports—from NIL (name, image, and likeness) restrictions to limitations on international athletes’ athletic scholarships. (State lawmakers themselves were the ones who spearheaded efforts to get the NCAA’s original NIL prohibition lifted in the first place.)

In fact, Morrisey and McCuskey invoked some of the previous dealings with the governing body in their press conference in Charleston. They accused the NCAA of “retribution” for the state suing the NCAA in 2023 over the transfer eligibility of West Virginia basketball player RaeQuan Battle. The lawsuit, spearheaded by Morrisey when he was West Virginia’s AG, ultimately led the NCAA to change its rules, allowing for an unrestricted transfer portal where players can move schools as many times as they want.

“I’ve seen the arrogance of the institution, and that’s been disturbing to me,” Morrisey said.

The NCAA did not immediately respond to a request for comment.

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