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IN THE CIRCUIT COURT OF POCAHONTAS COUNTY, WEST VIRGINIA

IN RE: PETITION FOR THE REMOVAL OF: DR. LEATHA WILLIAMS, SUPERINTENDENT, AND THE MEMBERS OF THE BOARD OF EDUCATION WHO VOTED IN THE AFFIRMATIVE TO ABOLISH THE COUNSELING POSITION AND SUBSTITUTE AN ACADEMIC COACH.

RESPONDENTS.

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STATEMENT OF FACTS

COMES NOW the Petitioners, citizens and registered voters of Pocahontas County, West Virginia, who respectfully submit the following Statement of Facts in support of the Petition to Remove the above-named Respondents from office pursuant to West Virginia Code § 6-6-7. The Petitioners assert that the Respondents have committed "Neglect of Duty" through the knowing refusal and willful failure to perform essential acts required by law, specifically the abolition of state-mandated mental health safety nets at Pocahontas County High School.

I. THE MANDATORY STATUTORY DUTY

1. Mandate for Counseling Services: Under West Virginia Code § 18-5-18b, county boards of education are explicitly required to "provide counseling services for each pupil." The statute defines a school counselor as a "professional educator who holds a valid school counselor's certificate".
2. The "80% Rule": Both W. Va. Code § 18-5-18b and West Virginia Board of Education (WVBE) Policy 2315 mandate that certified school counselors spend at least 80% of their time in a "direct counseling relationship" with students. This legislative safeguard is designed to ensure students have access to clinical support, crisis intervention, and holistic development.
3. Comprehensive School Counseling Program (CSCP): State law requires the implementation of a CSCP, which serves as a "statutory safety net" to detect and prevent student mental health crises, suicidal ideation, and behavioral escalation.

II. THE ACT OF ABOLITION AND SUBSTITUTION

4. Abolition of Position: Respondent Superintendent Dr. Leatha Williams, with the affirmative vote of the Respondent Board Members, formally "abolished" the certified school counselor position at Pocahontas County High School (PCHS).
5. Unlawful Substitution: In lieu of a certified professional, the Respondents created and filled the position of "Graduation Coach" or "Academic Coach." The sources confirm that a Graduation Coach acts merely as an administrative interventionist focused on data and graduation metrics, lacking the master’s-level clinical training required by law.
6. Legal Bar to Practice: The "Graduation Coach" is legally barred from performing the essential duties of a school counselor, including mental health crisis intervention, suicide risk assessment, and specific therapeutic tasks. Consequently, the Respondents have knowingly left the 833 students of PCHS in a "clinical vacuum" without a resident expert to handle immediate psychological emergencies.

III. NEGLECT OF DUTY AND INSTITUTIONAL NEGLIGENCE

7. Knowing Refusal to Comply: Neglect of duty is defined as the "knowing refusal or willful failure of a public officer to perform an essential act or duty of the office required by law". By abolishing the counseling position, the Respondents effectively removed the clinical service provider mandated by the legislature, placing the district in "technical violation" of state code.
8. Prioritization of "Hardening" over "Healing": The Respondents demonstrated Institutional Negligence by approving expenditures exceeding $540,000 for physical security measures (gates, alarms) while simultaneously abolishing the counselor position. This prioritization of "hardening" over "healing" ignores the statutory requirement for clinical safety and fails to address the internal, behavioral causes of school violence.
9. Creation of Systemic Inequity: The Respondents’ actions have created a "professional desert" and a two-tiered system where rural students at PCHS are denied the professional mental health care afforded to students in other districts, receiving only administrative tracking in its place.
10. Ripple Effect of Non-Compliance: To mitigate the damage of their decision, Respondents assigned a middle school counselor to visit the high school part-time. This act further constitutes neglect of duty by diluting services at the middle school level, thereby violating CSCP requirements for those students as well.

IV. HARM AND DAMAGES

11. Risk to Student Safety: The Special Circumstance Review triggered by the state revealed that the absence of a certified counselor resulted in a "clinical vacuum," leaving the school vulnerable to preventable tragedies and liability for institutional negligence.
12. Compromised Academic Integrity: The investigation found evidence of "inaccurate credit transcription" and potentially "intentional" acts regarding student records. These errors are a direct result of removing the certified counselor, who acts as the ethical "registrar of the student's academic soul," further demonstrating the Respondents' incompetence in maintaining the integrity of student data.
13. State of Emergency: The magnitude of these failures was sufficient for the West Virginia Board of Education to declare a "State of Emergency" for Pocahontas County Schools in February 2025. The specific findings cited the lack of a certified counselor and the failure to implement Personal Education Plans (PEPs) as key deficiencies.

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PRAYER FOR RELIEF

WHEREFORE, the Petitioners respectfully pray that this Honorable Court:

1. Accept this Petition and find that the allegations set forth herein, if proven, constitute "Neglect of Duty" and "Incompetence" under West Virginia Code § 6-6-7;
2. Forward this Petition to the Supreme Court of Appeals of West Virginia for the appointment of a Three-Judge Court to hear these charges pursuant to W. Va. Code § 6-6-7;
3. Conduct a formal hearing wherein the Petitioners may present clear and convincing evidence that the Respondents knowingly refused to comply with the mandates of W. Va. Code § 18-5-18b, thereby endangering the welfare of the student body; and
4. Issue an Order removing the Respondents from their respective offices as Superintendent and Members of the Board of Education of Pocahontas County, restoring the rule of law and the statutory safety nets owed to the students of this County.

Respectfully Submitted,

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(Signature of Petitioners) Citizens of Pocahontas County                          Date Signed