The state Supreme Court issued an order Wednesday granting Kingfisher head football coach Jeff Myers’ request to be heard in a legal action calling for his immediate termination.

Already under fire in a civil lawsuit, Myers also became the subject of an application for a writ of mandamus asking the state’s highest court to step in and order his termination, which was filed by Justin and Lyndy Mecklenburg, parents of the former football player named as plaintiff in the federal suit.

A writ of mandamus is an order from a higher court directed at a lower court, individual or entity requiring a specific action. In this case, the Mecklenburgs are asking the court to order the local school board to fire Myers and the Oklahoma State Board of Education to appoint an interim superintendent to oversee the termination process.

Named as respondents in that application were the school district, Superintendent David Glover, the Oklahoma State Department of Education, OSBE and State Superintendent of Public Instruction Ryan Walters.

Myers was not named as a respondent, prompting his motion to intervene.

In its Wednesday order granting Myers’ motion, the Supreme Court also extended the deadline to Oct. 3 for the other respondents and Myers to respond to the Mecklenburgs’ application.

Oral arguments originally scheduled for Sept. 26 will be reset for a later date.

“As a result of the relief Petitioners seek from the Court, they are directly implicating Mr. Myers’ Constitutional rights and he should be permitted to intervene and submit a response to this Court regarding the claims made by the Petitioners,” Myers’ motion reads.

The motion then cites the Oklahoma Constitution as well as court precedents to support his request.

One day after the Mecklenburgs’ petition was filed, the Supreme Court issued an order directing the respondents - which didn’t include Myers - to respond to the petition no later than Sept. 18 and be prepared for oral presentations before a referee of the court on Sept. 26.

Myers’ motion made last Thursday additionally requested extensions for both of those orders.

His attorneys - Joe E. White and Kate C. White of White & Weddle, P.C. - said in the motion that they were currently in trial and expected it to continue past Labor Day. They added they also had a prepaid vacation set for after the trial and weren’t set to return until Sept. 26.

“In light of these commitments, Mr. Myers believes additional time is necessary to prepare a brief that fully addresses the issues raised by Petitioners,” the motion states.

The allegations in the writ of mandamus echo many of those brought about by Mason Mecklenburg in his civil suit.

Mason Mecklenburg alleges a culture of hazing, bullying and assault in the football program during his four-year playing career leading up to his graduation from KHS in May 2021.

The suit alleges, among its most serious charges, sexual assault within the locker room. It also alleges bullying that included tasing and aggressive towel popping, that latter of which led to bruising on Mecklenburg.

A picture that showed the bruising allegedly from the towel popping has been widely distributed through different mediums since March 2022.

The civil suit and the application for writ of mandamus affirm coaches condoned and sometimes even encouraged the activity and that the actions were never properly handled and/or reported by the coaching staff or the KPS administration.

“Since taking control of the football program in 2004, Myers has presided over an athletic department marked by bullying, hazing, violence, and child abuse,” the petition for writ of mandamus states. “Myers and his staff were not only aware of this abuse - they were often the perpetrators of the abuse.”

It states that despite the “horrific environment children are subjected to” in Myers’ program, he still remains employed and “KPS has never formally reprimanded” Myers.

“In fact, KPS has done nothing to protect the minor students in its care, instead displaying deliberate indifference to the dangerous environment infecting Kingfisher High School and threatening the well-being of its students.”

The application with the Supreme Court is separate from the civil suit.

“But that case does not resolve the threat posed to our youngest child and all the other children enrolled with him at KPS,” the Mecklenburgs state in the writ of mandamus petition.

“Those students face an imminent, ongoing threat of harm and abuse each and every day that KPS and state administration fail to act. It is through this action in this court that the ongoing threat to our children can and should be removed.”

Myers’ attorneys dispute that claim in his successful motion to intervene.

“Further, though Petitioners paint a dire picture, there are no exigent circumstances requiring an accelerated briefing schedule,” the motion states.

Citing sworn testimony from the civil suit, the motion states the Mecklenburgs “became aware of the alleged bullying against their son in October or November of 2018… “Despite knowing of this alleged bullying in October or November of 2018, Petitioners did not take any of their alleged concerns to Mr. Myers at that time. Instead, Mr. Mecklenburg met with Mr. Myers to express dissatisfaction over the amount of playing time his son was getting on game days.

“Then, one year later, on October 25, 2019 (and already armed with an attorney and a story to sell to 4,5, 9, Fox, and ESPN), Petitioners finally approached Mr. Myers with their concerns, whereupon Mr. Myers took immediate action, including reporting the concerns to the Superintendent.”

It also states that, through Mason Mecklenburg’s testimony, “the football players knew to hide their bullying from the coaches, but when a football player brought concerns to Mr. Myers, he would take action related to those concerns.”

Myers’ motion also notes the media attention the civil suit has received.

“As a result, and given the Petitioners’ propensity to try this case in the media and not in a courtroom where it belongs, Mr. Myers believes Petitioners’ incredibly belated Application (filed nearly five years after Petitioners learned of and purportedly became concerned regarding the alleged abuse) is another ploy to harm Mr. Myers’ reputation, his employment, and his ability to defend himself before a jury.”