To spank or not to spank? That is the question some parents are asking themselves after a county man was recently charged with child abuse for a belt spanking that allegedly crossed the line into abuse.

Kyle Waters, Sequoyah County assistant district attorney, said while parents have the right to spank their child, there is a line drawn when a spanking becomes excessive.

For the district attorney's office, every case is different. Waters said they make determinations on a case-by-case basis, based on a variety of factors.

Those factors that are taken into account include whether there is bruising, the severity and placement of the bruising, what was used to discipline a child, the particular situation, and past history. Bruising or red marks on the thighs of a child could be considered abuse, while red marks on a child's bottom may not be abuse.

"We all know where a spanking should be," Waters said. "We're not going to file on every mom and dad who spanks their child."

Waters noted that spanking can go above and beyond what is reasonable and can be excessive in some cases, crossing the line into abuse.

Waters said his office takes the information that the Department of Human Services (DHS) and the investigating agency brings them in cases of child abuse to make a determination about whether charges are filed. He said usually DHS and law enforcement weeds out the ones that are standard cases from the ones that are more serious.

Whether a child has bruising is one of the many factors they look for which can determine whether a child was more than disciplined.

Waters stressed that they look at each case individually, adding that each case will have its own set of factors.

"There's not too many people my age or older who haven't been spanked with a belt," he said, adding that it can be acceptable or can not be, depending on the circumstances.

Your TIMES was unable to reach a DHS official for comments about child discipline.

SCHOOLS

In schools, spanking is not an option, but corporal punishment is. Of three schools that Your TIMES polled, two of them still administer corporal punishment, which is allowed according to state law.

But ultimately those same schools give the parents the power to decide how they want their child punished.

One school that doesn't administer corporal punishment is Sallisaw School.

Sallisaw School Superintendent Ron Wyrick said according to the law, schools have the authority to paddle a child. He said that schools can act "in loco parentis," meaning when the child is at the school, the school is the parent.

Wyrick said several years ago Sandy Garrett, state superintendent of public instruction, put a moratorium on corporal punishment.

"That's when we stopped doing it," Wyrick said.

Later schools were given back the right to choose what punishment to administer.

He pointed out that Sallisaw School policy does allow corporal punishment, but the school does not exercise that policy.

"We have had parents come to the school and paddle their children," Wyrick said, adding that situation doesn't happen often.

He said the parent has a right to paddle their child, but the school doesn't paddle students.

He pointed to the county man who was charged with abuse for using a belt on his child. "We don't want any employees in that position."

Instead of corporal punishment, the school utilizes detention and in-school and out-of-school suspension to punish students. In the elementary school, they have a positive action room that students may spend 30 minutes to half a day in. "It's like a time-out," Wyrick said.

While Sallisaw has chosen to stop paddling students, Roland School Superintendent Randy Wood said Roland School still administers corporal punishment. "It is a school policy."

But Roland school officials give parents an option. Parents can sign a form and the student can take an alternative type of punishment, such as suspension.

"We do not use corporal punishment on any student whose parent does not agree with it," Wood said.

Depending on the degree of the offense, many times if a student is going to face three swats, they would get the option of three days suspension. In the past, the school has also offered detention as an alternative. The paddlings at Roland are given by the principal of each building, with a teacher witness.

Wood emphasized that the school asks the parents what to do, seeking their permission.

"If a parent wants us to paddle, yes we will," he said. If parents don't, the parents are left to handle the disciplining.

Excluding corporal punishment, the school is still the parent in their absence. "In place of the parent, we have the responsibility to care for and protect our kids," Wood said.

Vian School also utilizes the same type of system as Roland when it comes to corporal punishment.

Superintendent Lawrence Barnes said the school still allows paddling, with a parent's permission. He noted that most schools have gone to that practice.

If a parent does not want their child paddled, there are alternative punishments available, including in-school and out-of-school suspension and Saturday school. In the elementary school, students face time-outs or being held from participating in recess, which Barnes noted is worse to some children than a paddling.

"Usually the threat of paddling is enough," Barnes said.

He added that some parents want their children paddled. "Usually we rely on the parent to let us know what their wishes are."

He pointed out that what works for one child may not work for another, as far as discipline.

"It's still effective," Barnes said of corporal punishment.