South-Western schools sued by family of 5-year-old over improper medical exam
GROVE CITY, Ohio (WCMH) -- The family of a 5-year-old girl who was allegedly improperly examined by a school nurse in November 2023 has sued the South-Western City School District over the incident.
The family of the young girl is suing South-Western City Schools, the nurse and the school principal, Jenniffer Kauffeld. According to documents filed in the U.S. Southern District Court of Ohio, the family is asking for a jury trial, monetary damages and is suing for eight counts:
- Violation of substantive due process
- Violation of right to bodily integrity
- Supervisory liability
- Failure to report suspected child abuse
- Intentional infliction of emotional distress
- Assault
- Invasion of privacy (two counts)
On Nov. 14, 2023, the school nurse and Kauffeld were placed on administrative leave while the district investigated the allegations. The district determined the nurse performed an invasive and improper medical examination with the principal present on the kindergarten student.
According to court documents, the student's family was not contacted until after the exam was completed, and the family had already provided context for a medical condition that explained the nurse's concern.
According to an email from SWCSD's Assistant Superintendent of Personnel, Kauffeld violated board policies and 15 ethical standards under the Licensure Code of Professional Conduct for Ohio Educators. The email recommended the district fire Kauffeld.
Although the nurse initially resigned and the Board of Education voted to consider Kauffeld's termination, Kauffeld was allowed to return to her position with a $5,000 pay decrease in February, and the nurse rescinded her resignation. The nurse, who is not named because she has not been charged with a crime, is still employed with the district as the school nurse for another elementary school. Kauffeld is still the elementary principal.
According to court documents, the family alleges the then-kindergartener has been diagnosed with PTSD as a result of the nonconsensual exam and publicity of the event. The family also said her parent had to miss weeks of work because of the incident while the student was out of school, leading to a loss of income.
The family also alleged the student could not return to kindergarten because her teacher was a vocal supporter of Kauffeld, and the family had to have their children change schools. They allege the nurse and principal took it upon themselves to conduct the invasive examination because they suspected child abuse, despite being told of the student's medical condition.
Representatives said the district was made aware of the lawsuit Wednesday but could not comment further.