CHARLESTON – The mother of a five-year-old Kanawha County youth says he was spanked by an employee of a daycare center.
The boy, identified only as R.C., filed the complaint in Kanawha Circuit Court through his mother S.C. against Schoenbaum Family Enrichment Center Inc. doing business as Charleston Childcare and Learning Center.
According to the complaint, R.C. was a student at Charleston Childcare on January 5, 2022, when he was taken into a restroom, had his pants pulled down and was spanked by a parent worker at the school. It says the boy’s genitals were exposed as a result.
“The parent worker admitted she ‘whipped (the boy’s) ass,’” the complaint states, adding she did not have the authorization or legal right to use corporal punishment against the boy.
Because the defendant receives funding from the Kanawha County Board of Education, the plaintiffs say it is bound by policies and procedures of the KCBOE. They say the defendants’ misconduct violated numerous policies and procedures of the KCBOE and the West Virginia Board of Education.
The complaint says R.C.’s parents tried to resolve the matter with the defendant, but they say the defendant stopped communicating with them about its investigation.
“They were therefore forced to hire counsel to determine exactly what occurred,” the complaint states. “After hiring counsel, R.C.’s parents again attempted to resolve this matter without filing a lawsuit. The defendant again stopped communicating with them.”
They accuse the defendant of negligence, civil assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress, willful misconduct, negligent supervision and retention and violations of the West Virginia Human Rights Act.
The plaintiffs seek compensatory and punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
They are being represented by J.B. Akers of Akers Law Offices in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 22-C-866