Mom sues YMCA after kindergartner allegedly assaulted by another - WSMV News 4

Mom sues YMCA after kindergartner allegedly assaulted by another student during after-school program

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A Smyrna mom is suing the YMCA because of what she says happened to her son in a school bathroom. 

The incident happened at Cedar Grove Elementary. The victim, a kindergartner, was participating in an after-school program run by the YMCA. 

After filing the lawsuit, the child's mother reached out to News4 because she says she doesn't want this to happen to anyone else.

According to its website, "YMCA Fun Company provides a safe place for thousands of students in four Middle Tennessee counties to learn, grow and thrive in the critical hours before school, after school and during the summer."

But as this mom says -- not for her son.

"I had to work -- I feel so guilty because I took him there every day," the mother, who wished to remain anonymous, told News4 reporter Carley Gordon. 

The mother says she found out about her son's assault in March while they were driving home.

"He just told me that a boy in the school, and he told me his name, was making him put his mouth on his private parts when he was in the bathroom," the mother explained. 

According to court documents, the other child had a history of inappropriate contact with other students, and the YMCA had a rule that he wasn't allowed in the bathroom with other kids.

Now, the mother and her attorney, Ali Toll, are suing the YMCA for $500,000 in compensatory damages and $1 million in punitive damages.

"For one, they failed my client [because] they allowed him to go into the restroom with another child, unsupervised, and that child was known to be a behavior problem," Toll said, "He was known to act inappropriately and inappropriately touch other children."

Now, the mother and her lawyer want to make sure nothing like this happens again under the YMCA's watch. 

"We want to make an impression with the Y so that this doesn't happen to other students and that they do take notice and follow the rules," Toll said. 

In response to News4, the YMCA said that the safety of children is important to their organization. Representatives say they haven't been served yet but will provide a full response once they receive the papers. 

Stay with News4 for updates.

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