A mother is upset after her 5-year-old son received detention for what his school is calling “sexual misconduct.”

Eric Lopez, a kindergartner at Ashton Ranch Elementary School, pulled his pants down on the playground this past spring. The child received detention and has a note within his permanent file at the school. At the time of the incident, his mother wasn’t notified nor did school officials inform her that her son signed a note in the assistant principal’s office.

“He did not know that he could ask for me,” Eric’s mother, Erica Martinez, told KTVK. “He’s 5.”

Dysart Unified School District has a policy that states a parent does not have to be present for a disciplinary meeting unless the student requests his or her parent.

For the past two months, Martinez has been fighting to have the sexual misconduct label removed from her son’s file citing that her son’s actions were not sexual in any way. But the district has denied her appeal and the assistant superintendent is defending the school’s actions.

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