Remove "Sexual Misconduct" Report from Kindergartner's Permanent Record

  • by: Crystal Shepeard
  • recipient: Assistant Superintendent Jim Dean, Dysart Unified School District

An Arizona kindergartner, 5-year-old Eric Lopez, was disciplined for "sexual misconduct" for pulling his pants down on a school playground at his elementary school after another student told him to do so. Tell the Dysart Unified School District to remove the "sexual misconduct" report from Eric's records and to create a new policy with clearer guidelines as to what should go on a student's record.

Back in April, another student told Eric to pull down his pants or he would do it for him. With a number of other students watching, Eric pulled down his pants and underwear. Teachers took him to the principal's office, where -- without knowing that he could have a parent present -- Eric was forced to sign a document that labeled his actions "sexual misconduct."

As Eric's mother, Erica Martinez, says in, “He’s a 5-year-old. He does not know right from wrong yet.”

The Dysart Unified School District has denied Eric's mother's appeal and informed her that the "sexual misconduct" report will remain on Eric's permanent school record.

Tell Ashton Ranch Elementary School in Surprise, Arizona, Assistant Superintendent Jim Dean, and the Dysart Unified School District to grant Erica Martinez's request to have this document removed from Eric's permanent record. To prevent future incidents -- and so other children do not have to go through what 5-year-old Eric is going through now -- the school district must also craft a new policy that specifies what should go on a student's record and state that a parent must be present before a child signs a document.

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