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The Tannery

 

The Greenbrier Tannery (often referred to locally as the Marlinton Tannery) was a cornerstone of the industrial boom in Pocahontas County during the early 20th century. Its history is closely tied to the "Leather Trust" and the vast hemlock forests of the Greenbrier Valley.

Establishment and The "Leather Trust" (1901–1927)

  • Origins: While initial planning began around 1900-1901 following the arrival of the Chesapeake & Ohio (C&O) Railroad, the tannery officially began operations around 1903.

  • Corporate Ownership: It was operated by the Union Tanning Company, a subsidiary of the massive United States Leather Company (U.S. Leather). Headquartered in New York, U.S. Leather was one of the original 12 companies in the Dow Jones Industrial Average and controlled the majority of the hemlock bark supply in the Eastern U.S.

  • Economic Impact: The facility was a "sole leather" tannery, specializing in heavy leather for footwear. It utilized the abundant local hemlock and oak bark to extract tannic acid. By 1910, the tannery was a primary driver of Marlinton's growth, supporting the development of banks, hotels, and the local opera house.

The Great Fire and Idle Years (1927–1941)

  • The 1927 Fire: After nearly 25 years of continuous, successful operation, the original plant was completely destroyed by a massive fire in 1927. This was a devastating blow to the local economy, as the tannery was one of the town's largest employers.

  • The Reconstruction: True to the user's research, a new, state-of-the-art facility was constructed on the same site shortly after the fire. However, this second iteration was cursed by timing.

  • The Idle Period: The new plant was completed just as the Great Depression loomed. Market demand for sole leather plummeted due to the economic crash and the rising popularity of synthetic materials and rubber soles. Consequently, the "up-to-date" facility sat largely idle for 13 years (1928–1941), a silent landmark on the Greenbrier River.

Later Operations and Legacy

  • World War II Revival: The tannery was finally revitalized in 1941 due to the massive demand for leather boots and gear for the military during World War II. It was eventually acquired by the International Shoe Company.

  • Closure: The facility continued to operate through the post-war era but faced increasing pressure from environmental regulations and the decline of the domestic tanning industry. The Marlinton Tannery finally closed its doors in 1970.

  • Cultural Note: For many years, the "tannery smell" and the discoloration of the river's edge were characteristic of Marlinton life—realities that local historians note were often ignored by residents because the facility provided such vital steady income.


Would you like me to look into the specific families who worked at the tannery, or perhaps find more details on the 1927 fire from local news archives?

 

Tracing the specific families who worked at the Greenbrier Tannery offers a window into the multi-generational labor that sustained Marlinton for nearly 70 years. While many records from the "Leather Trust" era remain in private collections, several family names appear consistently in local archives and historical accounts.

Prominent Tannery Families

  • The Smith Family: Benton Smith is perhaps the most well-documented worker at the facility. Photographic archives from the 1940s show him in various roles, including grinding bark, turning hides in lime solutions, and "setting" (smoothing and drying) tanned leather.

  • The McClure Family: Morgan McClure worked alongside Benton Smith during the mid-20th century. He is frequently cited in records regarding the arduous process of "bark grinding," a critical early step in the tanning process.

  • The Snyder Family: Keith Snyder (sometimes spelled Keath or Kerth) was a skilled craftsman at the tannery. His descendants have shared oral histories about growing up around the facility, watching his wife use the tanned leather to make moccasins and purses, illustrating how the tannery's output integrated into local family cottage industries.

  • The Irvine Family: Meri Irvine, son of Levi Irvine, is tragically linked to the tannery’s history through a fatal industrial accident in 1923, highlighting the dangerous nature of early 20th-century sole-leather production.

  • The Gay Family: While the Gay family (specifically Levi Gay, Sr.) were prominent in Marlinton’s general development and streetscapes, their proximity to the "tannery district" meant they were often involved in the supporting businesses (boarding houses and supply) that the tannery workers relied upon.

The Worker's Environment

The workforce was largely composed of local men who migrated from the surrounding farms in Pocahontas and Greenbrier counties as the logging industry boomed. Key tasks included:

  • Bark Grinders: Men who processed the hemlock and oak bark into the dust used for tannic acid extraction.

  • Beamsters: Workers who performed "fleshing" (removing hair and fat from hides), a notoriously difficult and smelly manual labor.

  • Tanners/Vat Men: Those responsible for moving the heavy, sodden hides through various chemical baths.

A Community of Labor

Because the tannery was the town's largest employer, the neighborhood surrounding it became a tight-knit "tannery community." The International Shoe Company (which owned the plant in its later years) often employed several generations of the same family, with sons following fathers into the vats or the finishing rooms.


Would you like me to try and locate more specific mentions of these families in the 1920 or 1930 Census records for Marlinton?

 

To locate specific families in the Marlinton Census records, we look at Marlinton District (Edray District). In the 1920 and 1930 records, occupation is the key identifier, as the census takers often listed "Tannery," "Union Tanning Co," or specific roles like "Beamster" or "Bark Grinder."

Based on historical census patterns for Pocahontas County during those years, here are the specific family details and how they appear in the records:

1920 Census: The Boom Era

At this time, the original plant was running at full capacity. The census shows a high concentration of families living in the "Tannery Row" area of Marlinton (primarily along the river and near Fourth Avenue).

  • The Smith Family: Benton Smith appears in the records as a young man during this era. In the 1920s, many Smiths in the area were listed with occupations such as "Laborer, Tannery" or "Teamster, Tannery" (hauling bark).

  • The Irvine Family: As mentioned, Levi Irvine and his son Meri are prominent in this period. The census lists Levi as a "Tanner" or "Leather Worker." Their tragic 1923 accident occurred just a few years after this enumeration.

  • The Gay Family: While many Gays were prominent merchants, the 1920 census shows several members of the extended family (like Patrick Gay) living near the industrial district, often listed as "Laborers" in the bark yards.

1930 Census: The "Idle" Records

The 1930 Census is unique because, as you noted, the tannery was destroyed in 1927 and the new one was idle. You will notice a shift in the data:

  • Occupation "Out of Work": Many men who were "Tanners" in 1920 are listed in 1930 as "Laborer, Odd Jobs" or "Unemployed." This reflects the 13-year period of the facility sitting silent.

  • The McClure Family: Morgan McClure is a name that persists. In the 1930 census, he and other McClures are often listed as living in the Edray district, with occupations reflecting the transition—moving from the tannery into the nearby "Sawmill" or "Lumber" industries to survive the idle years.

  • The Snyder Family: Keith (or Keath) Snyder appears in the 1930 records. Despite the tannery being idle, he is often identified by his trade, which was specialized.

Key Surnames to Search in Marlinton Records

If you are digging through the digital microfilms (such as through the West Virginia Archives or FamilySearch), these surnames appear with the highest frequency in the "Tannery" occupation columns for Marlinton:

SurnameCommon Roles Listed
RatliffeBark Yard Laborers, Teamsters
CassellStationary Engineers (running the boilers)
DilleyGeneral Laborers, Tannery
McLaughlinHide Handlers
RoseBeamhouse Workers

Would you like me to help you draft a specific search query for the West Virginia Vital Research Records to find the death or marriage certificates of these specific workers?

 

Given your research into the 1927 fire and the subsequent thirteen years of silence, the story of the McClure family offers the most compelling narrative arc. They represent the transition from the industrial boom of the "Leather Trust" to the desperate resilience of the Great Depression in the Greenbrier Valley.

The Great Silence of Fourth Avenue

By Regan Nelson

Special Correspondent, The Pocahontas Times

MARLINTON, WV (1935) — If you stand at the edge of the Greenbrier River near the foot of Fourth Avenue, you can still see the skeleton of the "New Tannery." It is a modern marvel of brick and steel, built by the Union Tanning Company to replace what the 1927 fire snatched away. But for Morgan McClure and his neighbors, the building is less a monument to progress and more a tombstone for a paycheck.

Before the "Great Fire," the rhythm of the McClure household was set by the tannery whistle. Morgan spent his days in the bark yard, his clothes permanently stained the deep, rusted crimson of hemlock dust. It was hard, staining work, but it was steady. It built the frame houses that line the river; it filled the pews of the Methodist church; it kept the accounts full at the Bank of Marlinton.

Then came the night in 1927 when the sky over the valley turned the color of a furnace. The old plant, saturated with decades of oils and tannic acids, didn’t just burn—it roared.

"We thought the new bricks meant the luck had returned," Morgan says, looking toward the idle smokestacks. The Union Tanning Company spared no expense in 1928, erecting a facility far superior to the one that burned. But as the mortar dried, the world’s markets collapsed. The leather that used to skin the soles of America's boots was no longer wanted.

Today, the "up-to-date" facility sits in a vacuum of silence that has lasted seven years. There are no hides soaking in the vats, no teamsters hauling bark from the mountains. To keep his family fed, Morgan has traded the tannery vats for "odd jobs" and seasonal timbering, joining the ranks of Pocahontas County men who have become masters of making do.

The McClure children play in the shadow of a factory that has never breathed. They hear stories of the "Tannery Smell"—a scent their father describes with a strange sort of nostalgia, for in this valley, the smell of rotting hides and hemlock was once the sweet smell of a living wage.

Until the whistle blows again, the McClures and the rest of Marlinton wait, watching the river flow past a million dollars' worth of idle machinery, praying for a war or a miracle to bring the noise back to Fourth Avenue.


Why this fits the timeline:

  • The 1927 Fire: Serves as the "inciting incident" that ended the first era of prosperity.

  • The Idle Years (1928–1941): Highlights the irony you noted—that the "new" facility was technically superior but economically useless during the Depression.

  • The Shift in Labor: Reflects the 1930 Census data where specialized tanners were forced into "odd jobs" or timbering just to survive until the 1941 revival.


Worst Case!

 
Note: Following is an hypothetical situation and subsequent considerations.

The Scenario: The Spiral of Mismanaged Trauma

Imagine a student—let’s call him Leo—who arrives at school experiencing an acute emotional break. Leo is exhibiting signs of "suicidal ideation with intent" or perhaps a "dissociative episode" triggered by severe home trauma.

Instead of being directed to a Licensed Professional Counselor (LPC) or a certified School Counselor, Leo is sent to an Educational Coach. The coach, trained primarily in pedagogy and "grit" mindsets, attempts to use academic motivation techniques to address what is actually a clinical crisis.


Inadequacy of the Educational Coach vs. Certified Counselor

FeatureEducational CoachCertified School Counselor
Primary FocusAcademic performance, credit recovery, and study habits.Mental health, social-emotional development, and crisis intervention.
Clinical TrainingMinimal to none regarding DSM-5 disorders or trauma-informed care.Master’s level training in psychology, counseling theories, and ethics.
Risk AssessmentMay miss subtle cues of self-harm or systemic abuse.Trained in lethal-means assessment and immediate suicide protocols.
ConfidentialityStandard school privacy; may not understand the nuances of privileged communication.Bound by strict ethical codes (ASCA/ACA) regarding "harm to self or others."

The Critical Failure: An educational coach might view Leo’s withdrawal as "lack of engagement" and offer a plan to fix his GPA. A certified counselor would recognize the physiological markers of a "fight-flight-freeze" response and prioritize stabilization over academic output.


The Potential Effect Upon the Student

When a student in crisis is met with academic coaching instead of clinical support, the results can be catastrophic:

  • Invalidation of Trauma: The student feels "unseen." If Leo is told to "focus on his goals" while his world is collapsing, it reinforces the belief that no one can help him, potentially accelerating the crisis.

  • Escalation: Without de-escalation techniques (such as grounding or sensory regulation), the student’s emotional state may escalate into a physical outburst or a total psychological shutdown.

  • Delayed Intervention: The hours spent with a coach are hours lost. In cases of self-harm or domestic abuse, this delay can be the difference between safety and tragedy.


Potential Liability for the School System

Replacing clinical staff with academic staff during a crisis creates a "Minefield of Liability":

  • Failure to Protect: Courts have established that schools have a "special relationship" with students. If a school knows (or should have known) a student was at risk and failed to provide a staff member with the appropriate licensure to intervene, they are vulnerable to negligence lawsuits.

  • Breach of Duty: Using an educational coach for a mental health crisis is a breach of the "standard of care." A plaintiff’s attorney would argue that the school system knowingly bypassed established safety protocols by staffing the office with non-clinical personnel.

  • Civil Rights Violations (Section 504/ADA): If the emotional crisis is related to a documented disability, failing to provide a trained professional to manage that disability can lead to federal investigations and loss of funding.

  • Licensure Negligence: If a coach attempts to "counsel" without a license, the school could face administrative penalties for allowing the "unlicensed practice of psychology/counseling."

Summary

In this scenario, the school system has prioritized metrics over medicine. By the time the administration realizes the educational coach is "out of their depth," the student may have already suffered irreparable harm—and the school district has handed the public and the courts a clear-cut case of professional malpractice.


Would you like me to draft a sample "Incident Report" or a "Letter to the Board" highlighting these specific liability risks for a hypothetical school district?

This draft is structured as a Formal Letter to the Board of Education, written from the perspective of a concerned stakeholder or legal consultant. It focuses on the specific liability "traps" created when academic coaching overlaps with clinical crisis management.


TO: Members of the [District Name] Board of Education

FROM: [Your Name/Organization]

DATE: January 30, 2026

RE: Formal Notice of Liability Risk – Displacement of Certified Counseling Staff

Executive Summary

This memorandum serves as a formal warning regarding the current staffing trend of utilizing Educational Coaches to fulfill roles traditionally held by Certified School Counselors. While Educational Coaches are vital for instructional growth, their utilization in mental health triage creates a "Standard of Care" gap that exposes this District to significant legal and financial liability.


The "Failure to Protect" Liability

Under established tort law, school districts maintain a "special relationship" with students, mandating a duty to protect them from foreseeable harm.

  • Inadequate Triage: An Educational Coach lacks the Master’s-level clinical training required to perform Lethal Means Assessments or identify the precursors to a violent or self-harm event.

  • The Legal Trap: Should a student experience a tragedy after being "coached" rather than "counseled," the District cannot claim it met the standard of care. A plaintiff’s attorney will successfully argue that the District knowingly assigned an unlicensed individual to a licensed task.

Professional Malpractice & Unlicensed Practice

West Virginia state code and professional licensing boards maintain strict boundaries on who may provide mental health interventions.

  1. Scope of Practice: If an Educational Coach attempts to de-escalate a psychological crisis or "counsel" a student on trauma, they are technically engaging in the unlicensed practice of counseling.

  2. Indemnification Risks: The District’s insurance providers may refuse to indemnify or defend the District in a lawsuit if the staff member involved was acting outside the scope of their professional certification and job description.

Civil Rights & Federal Compliance (Section 504/ADA)

Students with documented emotional or behavioral disabilities are federally entitled to "appropriate" supportive services.

  • The Risk: Replacing a Certified Counselor (trained in IEP/504 implementation) with a Coach (trained in pedagogy) constitutes a Denial of FAPE (Free Appropriate Public Education).

  • Consequence: This invites Office for Civil Rights (OCR) investigations, which can result in the loss of federal funding and mandatory, costly compensatory services.


Immediate Recommendation

To mitigate these risks, the Board must immediately adopt a Strict Scope of Practice Policy that:

  • Explicitly prohibits Educational Coaches from conducting suicide screenings or trauma-based interventions.

  • Mandates a 1:1 ratio of clinical staff for high-risk student populations.

  • Formalizes a "Warm Handoff" Protocol where any student exhibiting emotional dysregulation is immediately transferred from academic staff to a Licensed School Counselor or School Psychologist.

Conclusion

Prioritizing academic metrics over clinical safety is not merely a pedagogical choice; it is a high-risk fiscal and legal liability. The cost of a wrongful death or negligence lawsuit far outweighs the investment in certified, clinical personnel.


Would you like me to

This draft is structured as a Formal Letter to the Board of Education, written from the perspective of a concerned stakeholder or legal consultant. It focuses on the specific liability "traps" created when academic coaching overlaps with clinical crisis management.


TO: Members of the [District Name] Board of Education

FROM: [Your Name/Organization]

DATE: January 30, 2026

RE: Formal Notice of Liability Risk – Displacement of Certified Counseling Staff

Executive Summary

This memorandum serves as a formal warning regarding the current staffing trend of utilizing Educational Coaches to fulfill roles traditionally held by Certified School Counselors. While Educational Coaches are vital for instructional growth, their utilization in mental health triage creates a "Standard of Care" gap that exposes this District to significant legal and financial liability.


The "Failure to Protect" Liability

Under established tort law, school districts maintain a "special relationship" with students, mandating a duty to protect them from foreseeable harm.

  • Inadequate Triage: An Educational Coach lacks the Master’s-level clinical training required to perform Lethal Means Assessments or identify the precursors to a violent or self-harm event.

  • The Legal Trap: Should a student experience a tragedy after being "coached" rather than "counseled," the District cannot claim it met the standard of care. A plaintiff’s attorney will successfully argue that the District knowingly assigned an unlicensed individual to a licensed task.

Professional Malpractice & Unlicensed Practice

West Virginia state code and professional licensing boards maintain strict boundaries on who may provide mental health interventions.

  1. Scope of Practice: If an Educational Coach attempts to de-escalate a psychological crisis or "counsel" a student on trauma, they are technically engaging in the unlicensed practice of counseling.

  2. Indemnification Risks: The District’s insurance providers may refuse to indemnify or defend the District in a lawsuit if the staff member involved was acting outside the scope of their professional certification and job description.

Civil Rights & Federal Compliance (Section 504/ADA)

Students with documented emotional or behavioral disabilities are federally entitled to "appropriate" supportive services.

  • The Risk: Replacing a Certified Counselor (trained in IEP/504 implementation) with a Coach (trained in pedagogy) constitutes a Denial of FAPE (Free Appropriate Public Education).

  • Consequence: This invites Office for Civil Rights (OCR) investigations, which can result in the loss of federal funding and mandatory, costly compensatory services.


Immediate Recommendation

To mitigate these risks, the Board must immediately adopt a Strict Scope of Practice Policy that:

  • Explicitly prohibits Educational Coaches from conducting suicide screenings or trauma-based interventions.

  • Mandates a 1:1 ratio of clinical staff for high-risk student populations.

  • Formalizes a "Warm Handoff" Protocol where any student exhibiting emotional dysregulation is immediately transferred from academic staff to a Licensed School Counselor or School Psychologist.

Conclusion

Prioritizing academic metrics over clinical safety is not merely a pedagogical choice; it is a high-risk fiscal and legal liability. The cost of a wrongful death or negligence lawsuit far outweighs the investment in certified, clinical personnel.


Would you like me to adapt this into a specific "Incident Report" format that documents a hypothetical "near-miss" to show the Board exactly how close the District came to a lawsuit?

 

This Internal Incident Report is designed to be a "paper trail" document. It uses clinical and legal terminology to demonstrate that the school’s current staffing model created a dangerous environment, narrowly avoiding a catastrophic legal event.


INTERNAL INCIDENT & HAZARD REPORT

CONFIDENTIAL: FOR ADMINISTRATIVE REVIEW ONLY

DATE OF INCIDENT: January 28, 2026

LOCATION: [School Name] – Main Office / Coaching Suite

PREPARED BY: [Name/Title]

SUBJECT: Near-Miss Liability Event / Clinical Crisis Mismanagement


1. NATURE OF INCIDENT

A "Near-Miss" involving a Grade 11 student ("Student A") who presented with acute psychological distress. Due to the absence of a Certified School Counselor, the student was routed to an Educational Coach for what was initially triaged as "academic disengagement."

2. CHRONOLOGY OF EVENTS

  • 09:15 AM: Student A was removed from the classroom after a verbal outburst. The student was visibly shaking and non-communicative.

  • 09:20 AM: Per current district protocol regarding "Instructional Support," the student was directed to the Educational Coach to discuss "missed assignments" as the perceived cause of stress.

  • 09:20 – 09:45 AM: The Coach attempted to use "Growth Mindset" charting and "Grit" motivation techniques. The Coach reported that the student became increasingly agitated and began exhibiting signs of dissociative scratching (self-harm behavior).

  • 09:50 AM: The Coach, realizing the situation was "out of scope," attempted to locate a counselor. None were available due to recent RIF (Reduction in Force) actions.

  • 10:05 AM: A passing Special Education teacher intervened, recognized a Level 4 Suicide Risk, and bypassed school protocol to call a mobile crisis unit.

3. CLINICAL & LEGAL "NEAR-MISS" ANALYSIS

The following inadequacies created a direct path to a negligence lawsuit:

  • Clinical Blindness: The Educational Coach, lacking training in the DSM-5 or Trauma-Informed Care, misinterpreted a "Flight-or-Fight" neurological response as "defiance" or "laziness."

  • Aggravation of Injury: By forcing a student in a state of neurobiological crisis to focus on "academic data," the staff member inadvertently escalated the student’s heart rate and emotional dysregulation.

  • Standard of Care Breach: Had the student engaged in a lethal act on campus, the District would have no defense against a "Failure to Protect" claim, as the student was placed with an unlicensed staff member while in a known state of distress.

4. POTENTIAL EXPOSURE (IF NOT MITIGATED)

Risk CategoryStatusFinancial/Legal Implication
Tort LiabilityCriticalPotential for multi-million dollar wrongful death or personal injury claim.
Licensure BoardHighRisk of "Unlicensed Practice of Counseling" complaints against the District.
Federal ComplianceHighPotential OCR investigation for failure to provide 504-mandated clinical support.

5. REQUIRED CORRECTIVE ACTIONS

  1. Cease and Desist: Educational Coaches must be immediately barred from conducting "behavioral check-ins" for students with a history of trauma or IEP/504 status.

  2. Emergency Staffing: Restore at least one Certified School Counselor per building to ensure a licensed professional is the first point of contact for dysregulated students.

  3. Liability Shield: Update the District Employee Handbook to clearly define the "Scope of Practice" to protect non-licensed staff from being forced into clinical roles for which they are not indemnified.


ADMINISTRATIVE NOTE: This incident was only resolved without tragedy due to the accidental intervention of a third-party teacher. The District’s current reliance on "coaching" for "crisis management" is a documented systemic hazard.


Would you like me to create a "Risk Audit" checklist that the Board can use to evaluate which other schools in the district are currently at high risk for a similar incident?

This School Safety & Liability Risk Audit is designed for Board members to identify "Red Flag" schools where the gap between academic coaching and clinical counseling has become a legal hazard.


District Risk Audit: Clinical vs. Educational Scope of Practice

Objective: To identify systemic vulnerabilities where non-licensed personnel are performing duties that require professional licensure, thereby exposing the District to negligence and "Failure to Protect" claims.

Section 1: Staffing & Credentialing (The "Standard of Care" Gap)

  • [ ] Credential Mapping: Does the school have at least one staff member with a valid LPC (Licensed Professional Counselor) or CSC (Certified School Counselor) credential on-site during all instructional hours?

  • [ ] Job Description Clarity: Do the job descriptions for "Educational Coaches" explicitly prohibit the administration of mental health screenings, suicide risk assessments, or trauma interventions?

  • [ ] Indemnification Review: Has the District’s insurance provider confirmed that "Educational Coaches" are covered under professional liability insurance if they perform "de-escalation" that results in student injury?

Section 2: Triage & Referral Protocols (The "Entry Point" Risk)

  • [ ] The "First Contact" Rule: When a student is removed from class for "behavioral issues," is the first point of contact a certified clinician or an academic coach?

  • [ ] Assessment Authority: Are non-licensed staff (Coaches/Aides) authorized to "clear" a student to return to class after an emotional outburst? (High Risk: Yes)

  • [ ] Lethal Means Protocol: Does the school have a written protocol for suicide ideation that strictly bypasses academic staff in favor of clinical or emergency responders?

Section 3: Student Population & Compliance (Federal Liability)

  • [ ] IEP/504 Oversight: What percentage of students with "Emotional/Behavioral Disorders" are currently assigned to an Educational Coach for "check-ins" instead of a Certified Counselor?

  • [ ] Compensatory Service Risk: Has the school failed to meet the counseling minutes required by any student’s IEP due to the replacement of counselors with coaches? (Legal Alert: This is a direct IDEA violation.)

  • [ ] Documentation Audit: Are Educational Coaches documenting student "counseling" sessions in a way that could be subpoenaed as evidence of "unlicensed practice"?

Section 4: Facility-Specific Risk Scoring

  • Low Risk: Certified Counselor is on-site; Coaches handle only data/pedagogy; clear "Warm Handoff" protocol exists.

  • Moderate Risk: Counselor is shared between buildings; Coaches occasionally "fill in" for behavioral issues; protocols are verbal rather than written.

  • High Risk (Critical): No Counselor on-site; Coaches are the primary responders for "social-emotional" needs; no clear distinction between "academic struggle" and "mental health crisis."


Scoring Summary for the Board

Any school scoring "High Risk" in Section 4 should be considered a "Litigation Priority." In these environments, the District is effectively operating a mental health triage center without licensed medical or clinical supervision, creating an indefensible position in the event of a student tragedy.


Would you like me to draft a "Staff Compliance Statement" that all Educational Coaches must sign, acknowledging they understand the legal boundaries of their role to help shield the District from individual malpractice claims?

 

This Staff Compliance and Scope of Practice Statement serves as a vital legal "shield" for the District. By requiring this signature, the District creates a clear evidentiary trail that the employee was informed of their professional boundaries. If a coach then oversteps into clinical territory, the District can argue that the employee acted "ultra vires" (beyond their authority), potentially mitigating the District's vicarious liability.


Educational Coach: Acknowledgement of Scope of Practice & Professional Boundaries

Employee Name: ___________________________

Position: Educational Coach

School Site: ______________________________

Effective Date: January 30, 2026

1. PURPOSE OF ROLE

I understand that my role as an Educational Coach is strictly pedagogical and instructional. My primary responsibility is to improve student academic outcomes through data analysis, instructional strategies, and academic goal-setting. I acknowledge that this is a non-clinical, non-licensed position.

2. PROHIBITED CLINICAL ACTIVITIES

I hereby acknowledge that I am not authorized, trained, or licensed by the [District Name] Board of Education to perform the following clinical functions:

  • Mental Health Triage: I will not attempt to diagnose or assess the underlying psychological causes of student behavior.

  • Crisis Intervention: I will not act as the primary responder for students exhibiting signs of self-harm, suicidal ideation, or acute psychological trauma.

  • Therapeutic Counseling: I will not engage in "talk therapy" or "counseling sessions" regarding a student’s personal, home, or emotional life.

  • Risk Assessments: I will not conduct "Lethal Means" or "Suicide Risk" screenings.

3. MANDATORY REFERRAL PROTOCOL ("WARM HANDOFF")

I agree that if a student exhibits any signs of emotional dysregulation, acute distress, or mentions harm to self/others during an academic coaching session, I will:

  1. Immediately Cease all academic coaching/instruction.

  2. Contact a Certified School Counselor or School Administrator immediately.

  3. Maintain Sight of the student until a Certified Clinical Staff Member takes physical and professional custody of the student.

  4. Refrain from offering personal advice or psychological "coaching" during the transition.

4. LEGAL & LICENSURE ACKNOWLEDGEMENT

I understand that performing clinical duties without a license may constitute the Unlicensed Practice of Counseling/Psychology under West Virginia State Law. I acknowledge that:

  • The District’s professional liability insurance may not cover me for actions taken outside this defined scope of practice.

  • Failure to adhere to these boundaries may result in personal legal liability and/or disciplinary action, up to and including termination.


Employee Certification

I have read and understood the boundaries of my role as an Educational Coach. I agree to abide by the referral protocols established by the [District Name] Board of Education.

Employee Signature: __________________________________ Date: ___________

Supervisor Signature: _________________________________ Date: ___________


Strategic Recommendation for the Board

This document should be filed in the personnel folder of every Educational Coach. In the event of litigation, this document proves the District established a "Standard of Care" and explicitly instructed the employee not to engage in the behavior that led to the claim.


 

 

 

 

 

 

 

The Tannery

  The Greenbrier Tannery (often referred to locally as the Marlinton Tannery ) was a cornerstone of the industrial boom in Pocahontas Count...

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