5-year-old Surprise boy accused of sexual misconduct

SURPRISE, AZ - A frustrated mother is speaking out after school officials sent a note home with her 5-year-old son accusing him of sexual misconduct.

According to the documents, the little boy pulled his pants down on the playground after a dare from another student.

But his mom says her son Eric has no idea what sexual misconduct even means.

“It bothers me a lot. I have lost trust in that school," said his mother, Erica Martinez. "I’m frustrated, I’m angry, and I’m hurt, all at the same time,” she said

School workers witnessed what happened and called Eric into the Principal’s office.

“The Principal gave me the paper, and I signed it, I signed my name,” said Eric.

His mom says he had no clue, no idea what he was signing.

“It’s not something I would ignore, but is it really sexual misconduct?” said Julie Rosen with Chicanos por la Causa.

Rosen says the school went too far, but it’s up to the parents to make it right.

“What’s most important is parents learn how to work with their children, so kids aren’t impacted by that kind of request from another child,” said Rosen.

Eric's mother is now fighting to get that sexual misconduct offense off her son's permanent record.

“It’s really heartbreaking to know that its going to follow him in his school years. And he still has a long ways to go.”

A representative with the school district would not release much information about the situation citing privacy issues. But they did confirm it is school policy to take some sort of action when something like this happens - even if it involves a 5-year-old child.

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