WILLIAMSON – A Mingo County teacher accuses a former aide and the aide’s employer of defamation.
Tammy Smith filed her complaint August 26 in Mingo Circuit Court against Kayla Hensley and the Coalfield Community Action Partnership Inc.
“In today’s society, there is a troubling trend where individuals believe they can say and do things that are knowingly false and malicious, with little regard for the harm they cause to others,” attorney Nathan Brown told The West Virginia Record. “These actions are not without consequence.
“A respected career educator, Ms. Smith, has recently been the target of admittedly false and damaging allegations of child abuse in the classroom. These claims have been shown to be knowingly untrue, and as a result, Ms. Smith has suffered serious harm to her professional reputation and standing in the community.”
According to the complaint, Smith has been a teacher in the county since 1999. Coalfield CAP employed Hensley and placed her in Smith’s classroom at Lenore PK8 School as a teacher aide/assistant. The complaint notes that Hensley is not a school system employee.
“As part of her placement, defendant Hensley communicated with Joanna Griffin regarding her responsibilities and access to the building,” the complaint states. “Plaintiff is informed and believes, and therefore alleges, that defendant Hensley was instructed by Coalfield CAP to monitor plaintiff’s classroom and report back to CAP – amounting to a ‘fishing expedition’ directed at plaintiff.”
Smith says on April 23, Coalfield CAP reported allegations to Mingo County Schools that she had abused or neglected students in her classroom. It included claims Smith struck students, called them derogatory names, told a child his mother did not love him and slammed a student into a chair.
“These allegations were false, fabricated and malicious,” the complaint states.
The same day, Mingo County Schools Superintendent Dr. Johnny Branch told Smith she was being placed on administrative leave pending investigation and was barred from entering school property. Smith was removed from active employment and placed on paid leave.
The matter also was referred to the Institutional Investigative Unit of the state Department of Health and Human Resources and to Child Protective Services.
On July 28, DHHR issued a formal letter confirming the allegations were not substantiated following a full investigation that included interviews with students, parents and staff as well as a review of video footage.
“The investigation found that multiple students and parents denied the allegations, (and) no corroborating evidence existed,” the complaint states. “Mingo County Schools’ investigative report concluded that defendant Hensley admitted to falsifying the allegations against plaintiff leading to the complaint and investigation against plaintiff.”
Hensley was barred from working again at Lenore PK8 school, according to the complaint. Smith returned to work this month.
Despite the exoneration, Smith says the false allegations remain documented in CPS and DHHR files that could be accessed later for background checks. She says she has suffered reputational damage, emotional distress, humiliation, disruption of her teaching career and ongoing fear of career impairment because of the defendants’ actions.
“Plaintiff’s standing in the community – where she has been an active church member, mentor and teacher for over two decades – was severely damaged by the scandal created by defendants’ false allegations,” the complaint states.
Smith accuses the defendants of defamation, false light invasion of privacy, intentional infliction of emotional distress, tortious interference with employment relationship and civil conspiracy. She also accuses Coalfield CAP of negligent supervision, hiring and retention.
She seeks compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
“Our office is committed to holding those responsible fully accountable for their actions,” Brown said. “We will pursue all appropriate legal remedies to clear Ms. Smith’s name and ensure that she receives the recovery she is due.”
Smith is being represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown in Williamson. The case has been assigned to Circuit Judge Kelli Codispoti.
Mingo Circuit Court case number 25-C-87
