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twig and berriesSURPRISE, AZ – A 5-year-old boy has been accused of sexual misconduct after he pulled his pants down while on his school’s playground.

The boy’s mother says that back in April, her son was playing on the playground at Ashton Ranch Elementary School when another student told him if he didn’t pull his pants down he was going to do it for him.

So her son pulled down his pants and underwear in front of other students and teachers. The boy was taken to the principal’s office where he was given detention and was forced to sign a document that labeled his actions as “sexual misconduct.”

She said she’s tried to get the school to remove the label or amend the report, especially since the act was not sexual in nature and may have been the result of bullying. She also didn’t like that she was not present for the meeting in the principal’s office when her son was instructed to sign the document.

The school have declined to remove the sexual misconduct label, stating they followed proper procedures and protocols. Dysart Unified School District policy labels indecent exposure as a form of sexual misconduct. Also, administrators are not required to have a parent present for the meeting unless the student asks for them to be there.

I could go on and on about the “proper procedures and protocols” used in today’s public schools. They’re nothing more than one-size-fits-all guidelines that ass rape common sense right out of the disciplinary process. Instead of dealing with incidents on a per student basis, all administrators have to do now is look for an offense in column A, then see what punishment in column B it is linked to.

It’s why my son has an “explosive device” accusation in his school records because he pulled the string on a party popper from Party City while waiting on the bus outside of his elementary school. Because this party favor had a trace amount of gunpowder in it, it was classified as an explosive device. Party popper or an M-80, “proper procedures and protocols” dictated the exact same punishment.

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  • ultracreep

    Nice twig and berries.

  • Buffettgirl

    So, a five year old gets bullied into pulling his shorts and underpants down on the playground and they treat him like a 35 year old baby-raper… Fast forward 12 years and folks will be wondering why that sweet little boy took an AR-15 to school and shot 22 of his “friends” with it before turning the gun on himself. Good job Surprise, good job!

  • Texas Ranger

    It bothers me that a KINDERGARTNER has to not only have the presence of mind to “Lawyer Up” in the principals office, but that his signature on ANYTHING could in any way be binding??? Am I fuckin dreaming this shit?!?!?! Schools have frickin lost their damn mind.

  • Lena60

    These people do know that he is only 5 right?

  • lostufo

    What a bunch of shit! 5 year old sex offender really? These ppl should be fired! idiots!

  • mean birch

    That’s what she said

  • itsknotme

    Fast forward 30 years and you might find the bully turned into a baby-raper. A kid that young wanting to see another without his pants isn’t leading to sainthood, maybe a priest, but definitely not a saint.

  • Wolf_of_Mars

    This is a document that is legal in nature. A 5 year-old cannot sign legally binding documents. A school district policy does not override law.
    Bottom line: Sue them into the Stone Age.

  • Hayley Fretwell

    All faith lost.

  • http://www.dreamindemon.com Morbid

    I don’t think it is legal in nature at all. If it were, she could have contested the “charge” in court. It’s just a school record, and I have no doubt the label adheres to their policies and guidelines that are available to all students and parents. Not saying its right, just saying there’s nothing she can sue for..

  • Scout Kent

    Can you even call it a signature when he can barely print his name?

  • Buffettgirl

    Might have been an older kid just being a jerk… I can see a 5th or 6th grader debasing a “low-life” kindergartner like that. Not that it’s cool, but it is a little more understandable…

  • Texas Ranger

    I’m sure the dick,….I mean Principal, had it signed in front of a Notary….gotta cover his ass ya know…. Cush-Ass-High-Pay-No-Work jobs like Principal ain’t easy to get.

  • JR

    I’m disgusted by this story ! Really, a 5 year old, a sex offender ? What happened to these people when they were young that now they are so piece of sh*t narrow minded ? Where the f*ck is the common sense ? Not only he was bullied by another kid, but by the adults that it supposed to know better … They are totally F*cktards !

  • Wolf_of_Mars

    I’ll grant you that the parent might not be able to win a suit, and I say might. However, an acknowledgement of complaint form IS legal in nature, otherwise there would not be a mandatory signature. Though not necessarily “black letter law,” it would at worst fall into the grey due to the accusation on file. A 5 year-old cannot possibly comprehend what sexual misconduct means in total, so his signature is invalidated due to a lack of understanding. It’s sort of like giving a Miranda notification in Spanish to a Mandarin-only speaker.

  • http://www.dreamindemon.com Morbid

    But as the school stated, their policies state they do not need the parent there if one is not requested by the student. So the kid’s single signature alone is not invalid. This woman has refused to sign the document (I would have done the same) but it made no matter as the school didn’t need it.

    The rules and guidelines also state what they constitute sexual misconduct. I would also bet that this school, like every school system my kid has went to, provided these rules and policies to both the parent and student when they were enrolled. I’m not saying I agree with any of this, I am just saying that the mother had these policies and it was her job to ensure that her son was aware of them. Ignorance of the law, yadda yadda yadda.

    Even in the example I gave regarding my own son, I simply glanced through his school’s policies and I doubt he ever looked at all. Had we, we both wouldn’t have been so shocked over the punishment he received over a party popper, as the consequences for doing that were right there in the rules we were both given at the time of his enrollment.

  • Gamedame

    A five year old is expected to have the knowledge and presence of mind to request a parent be present to represent him during a meeting with school authorities? A five year old is expected to read, comprehend, and sign a document that states he’s guilty of sexual misconduct? WTF?!?!

    Either the student body at this school is comprised entirely of geniuses operating on a graduate student level, or the people running this school district are complete morons. It’s one or the other, and since Eric’s “signature” appears to be that of an average five year old, I’d say it’s the latter, without question.

    I don’t know about the rest of the country, but around here (PA ‘burbs), “pantsing”, as it is called, has been very popular amongst adolescent boys for decades. There’s nothing sexual about it, well, at least not on the surface. The kids are going for a laugh. They sneak up behind a friend who was dumb enough to wear loose fitting or elastic waisted pants (and sometimes undies, too) and give them a yank! Sure, subconsciously there may be some sexual curiosity going on there, but it’s really all about the laugh. And of course older boys often have younger brothers, brothers that want to do everything that big bro does, especially if it got a laugh. The “bully” may have been innocently copying something he saw, who knows?

    Mom definitely needs to fight the good fight and pursue this until it’s been removed from that little guy’s record and the administration has been soundly spanked and stood in the corner.

  • jansav

    Thank you for the definition, it is totally appropriate here.

  • Wolf_of_Mars

    Paragraph 1.) Re-read what I said concerning signatures.
    Paragraph 2.) Rules and policies are not laws. I can only imagine trying to explain “sexual misconduct” to a 5 year-old. The look of bewilderment on that face would be priceless.

  • ShelbySP

    Forreal, I didn’t learn how to “sign” until 2nd grade. How does a 5 year old sign anything? And if I remember Law 101 correctly, a contract with anyone under 18 is not legally binding anyway. Their signature means nothing.

  • http://www.dreamindemon.com Morbid

    It really doesn’t matter if the kid understood what he did was wrong when he did it, or that the school considered it sexual misconduct. You can see the form quite clearly.

    He simply signed that it was explained to him that what he did was against their policy and considered sexual misconduct, and signed that he was allowed to give his side of the story. He did not sign a document for any kind of lawful accountability, so I’m not sure how this would constitute as a “legally binding document.”

    Again, this sexual misconduct policy is clearly outlined in the handbook given to students and their parents.

    Per the school’s disciplinary guidelines, sexual misconduct is defined as:

    “The use of verbal, written, electronic or physical actions or any language that is sexually demeaning and/or that might contribute a substantial risk of mental harm or personal degradation. This violation includes, but is not limited to, indecent exposure, consensual participation in any sexual act involving physical contact, lewd comments, touching private areas, depantsing, pulling at another’s underclothing, possession or distribution of pornographic materials.”

    The mother has no grounds to sue… I’m not even sure what you are saying she should sue the school for?

  • http://www.dreamindemon.com/ Athena

    Morbid’s absolutely correct, legally-speaking. While the entire thing is rather distasteful, and the mother should use this experience to petition the district for a change in policy, we’re not talking law. This is a great example as to why a parent should be present. But the kid didn’t even get suspended.

    The reality of the situation is that the kid will stay within district and this will be seen as a formality and not impact him in any significant way. Even if he moves, it’s been documented, and the new district can put it in context.

    I have some experience. When my little sister was in second grade (20 years ago, so this shit ain’t all that new), she was charged with “inciting a riot” on the playground. I don’t remember the specific circumstances, but she rallied some kids around a rambunctious cause, anyway. It’s there, on her record, and it’s fucking ridiculous… but it never impacted her.

  • 1DireWolf

    I might not have grounds for a suit, but I might have grounds to follow the principle home one night, throw a blanket over his or her head and whip their damned ass.

  • JR

    I know man ! Seriously f*cked situation …

  • JohnQknowitall

    How Republican… Next time he signs does he get a life sentence or execution?
    The school administrators are bullies. The bullying students must look like BFFs in comparison.

  • JohnQknowitall

    Do you really believe the idiotic actions of these school administrators will lead this child into felonious behavior?

  • JohnQknowitall

    Schools have not lost their minds. A set of administrators of a single school in a single school district acted inappropriately to the extent it would be laughable if a real child were not involved.

  • JohnQknowitall

    Crushing the Principal may or may not be correct… who does the Principal and answer to and was the Principal acted at the direction of a supervisor?

  • Leslie33

    I think this is just bullshit. My kid is 5 & just finished pre-k. They have bathrooms (unisex) in the classroom. He walked in on a little girl using the potty BC HE NEEDED TO GO, not bc he is a pervert. Plus, the little girl did not lock the door. The teacher took him directly to the principles office & he sent my son home on a two day suspension. For “sexual type behavior in school”. I was furious, when did teachers go from smart educated people, to people wanting to through the book at kids JUST BEING KIDS!

  • Texas Ranger

    The principal runs the school. Like a traffic cop can give a warning, he has some discretion on matters happening there. He chose, in my opinion, to go full force for the reason of keeping his cush job. He is chickenshit. He could have done the correct, logical, sensible thing and moved on. Instead he plays super cop and justifies his ” hard stand against school “crime””He is spineless. That’s what is leading our kids to the future. “Don’t be human! Be self – policing robots! You and your thoughts are guilty of a crime if it doesn’t conform to our rules and policies!” We are allowing schools to create crimes and criminals instead of fighting crime. It’s a mess, and I don’t know how to fix it.

  • Texas Ranger

    Check your district. ..Bet it’s the same or worse. This is what our kids have inherited from over zealous parents, churches, and law enforcement.

  • http://www.dreamindemon.com Morbid

    Since they wanted to keep their jobs, I suppose. It really isn’t the teacher’s fault, and I would also go as far to say that it isn’t the school administration’s, either. One too many lawsuits is probably the big reason why schools have resorted to these “one size fits all” practices.

  • JohnQknowitall

    He works in a “right to get your ass fired state” with absolutely no recourse. I don’t blame him a bit. Bad enough being a hopeless scapegoat, but worse being a jobless scapegoat who must find a job and feed/shelter/clothe/keep health his own kids and family.

  • takurospirit

    Something must have changed since I was in school. We had an economics and something else (don’t remember it was 20 years ago) class in high school and they taught us about contracts, workplace rights, writing checks, interest, etc. One thing that always stuck out was that no contract was legally binding because of our ages. Had to be over 17 or 18. Don’t remember. So really, this kid’s “signature” can’t really mean shit. And what 5 year old would even know the administrative rules that say he can ask for his mommy? Total bullshit.

    His mommy needs to “lawyer up” now and get that shit off his record.

  • Texas Ranger

    I see his and your belief systems are sold to highest bidder. Im just following orders, not my fault…i need the job. Bullshit…Maybe if 1 person stood up and said “this is crazy and counterproductive, I’m not doing it” Schools and rules may swing back to normal. Instead they hide their heads and yell “the sky is falling” like the Chicken Littles they are.A man is only as good as his integrity.

  • sativagrl

    What if they’re just Nazis lol

  • Sejanus

    Oh FFS!
    Over reacting as always.
    He is a kid, don’t start sexualizing what he did.
    They made the poor kid sign it under duress.
    Get a lawyer and come away with those goons jobs at least.
    It is disgusting.
    Am willing to bet the kid hates school pretty hard right about now.

  • IntelligentVirtue

    Ugh, again with these zero tolerance policies smh

  • JohnQknowitall

    Right and you would stand up to “the man” with your arms crossed, your cape and the flag waiving behind you as the American anthem plays. I had to squint hard for that picture. Before I condemn the Principle I will wait for the reports, but my guess is this is a total cluster fuck with a knee jerk no tolerance twist that the parents in the school district blessed with applause and were okay with until enforced.

  • Delaney3030

    That’s what I thought. It seems a lot creepier of the kid or kids that were trying to make him pull his pants down. That’s who should get the sexual misconduct noting on their permanent record.

  • http://batman-news.com Stanley_Ipkiss

    Definitely wont lead to him being polite and respectful to school staff anyway.

  • Buffettgirl

    Is it likely? Probably not. Is it possible? Absolutely!

  • JohnQknowitall

    Might be like the violent video game thing: the minority of assholes with a predisposion to pychotic rage are more likely to go on mass killing sprees after playing a violent video game (while the majority of us would probably carb up on yesterday’s leftover pizza before “virtually” shooting our best friend to death in another round just hours before a real life double date).

  • Buffettgirl

    It’s NOT a political issue Q! Do you realize how many people you’re deliberately and intentionally insulting when you do this?

  • Sara

    Wow…that’s…really dumb. If I keep reading articles like this, I’ll keep losing IQ points and not be able to read at all. Might be a good thing. Ignorance is bliss, after all.
    On a serious note, things like this make my blood boil. And it makes me worry for my own son. He’s five and I could see him dropping his pants somewhere. He’s autistic and has next to no sense of modesty. We were walking home from school one day a few months ago, he had to go to the bathroom, so he tried to pull down his pants and go on the sidewalk. I had to wrestle him to keep him from doing it. Had to give the poor little guy a bath when we got home:( But I couldn’t let him do his business on the sidewalk–can’t have someone thinking he’s trying to be sexual!
    I get why the school officials did what they did. Protocol and all. But I think they should have called the kid’s mom anyway. Calling her wouldn’t have interfered with their protocol. (Then again, maybe it would have. They wouldn’t have been able to force his “signature” if she’d been there.) Most five year olds are too young to know that they can ask for their mom to be present. They trust their teachers and principal to have their best interests at heart. Also, how do we know he didn’t ask for his mom? (When most kids feel intimidated, they immediately ask for their mom, so I’m disinclined to believe he didn’t say he wanted her.) It’s sad but true–school officials don’t always tell the truth. I just got done with dealing with an entire group of liars from my son’s kindergarten year. They’re more interested in playing politics than educating kids. Parents get in the way of that, so parental involvement is the last thing they want.

  • JohnQknowitall

    This most certainly is a political issue if ever there is one.

  • Buffettgirl

    No – it’s a societal issue. It certainly isn’t Republicans that run those unions the teachers/admins belong to. Nor do the majority of teachers and educational admins vote Republican. If anything it’s pure Democrat C.Y.A. machinations at work.

  • JohnQknowitall

    To be political doesn’t imply Democrat or Republican though in this country 9 times out of ten one or both of those parties have peed on it. Arizona is staunchly Republican and the schools are under the Republican rule. In this case, which is about rules of conduct for students and punishments for infractions are set by the managers. The union employees work at their direction. The Principle may or may no be a union member. I don’t know, but I do know the rules come from elected officials so yes: this is political.

  • Wildheart

    My thoughts exactly! Good luck proving that a 5 year old understood exactly what he was “signing.” If it was my kid, I would’ve ripped that paper to pieces right in front of them, and then called my attorney. Meaningless bureaucratic bullshit.

  • Buffettgirl

    OK – Q, have it your way. I don’t want to argue. I think it’s bullshit to constantly call out the Republicans yet it never seems to cross your mind to do the same thing to the Dems. It’s insultingly rude. This smacks of bullshit union crap to me. YOU made it political when no one else went there. I don’t see any other derogatory remarks about Republicans. Maybe you should have said Conservatives, rather than calling out the whole party?

  • sativagrl

    I don’t think home schooling is good for a kid socially but I can see the parental inclination. If they worried as much about the curriculum as they do about the length of a girl’s shorts or punishing the 5 year old victim of a bully, we could actually get ahead in this nation.

  • http://www.dreamindemon.com/ Athena

    That’s exactly it: Meaningless bureaucratic bullshit.

    People seem wrapped up in the idea that this signature is somehow legally-binding. It’s not. I’m quite sure it’s ceremonial in nature, not unlike making a kid write something repeatedly on a chalkboard. “Here, kid, sign this scary piece of paper and promise never to do that again.” This signature is not what put the charge on the kid’s record. That’s a no-signature-required sort of affair.

    They complied with district policy. No legal course of action can get this removed from the kid’s record. Community or social pressure, perhaps… but there’s nothing illegal about the school’s action, thus nothing that can be undone through the law.

    This is nothing more than a reason to review and revise district policy.

  • JohnQknowitall

    Politics deals with policies. Policies dictate acceptable rules to society. Those who set policies and enforce them are the elected politicians and their breathing tools. This is not a union/managment thing. This is about who set the no tolerance rule and its enforcement. Who created the rule and who continues to enforce it. Who is in charge? Who is in charge in Arizona?

  • Twisted1

    So the kid who was bullied into pulling his pants down gets a label. What about the kid who made him do it? Does he get a label too? Seems only fair.

  • Twisted1

    Actually if I were the parent I would take it to court. Since a child under 18 can not enter into a legally binding contract. ;)

  • Twisted1

    My daughter got suspended because she poured a huge can of Arizona mango tea on a bullies head. To credit the principal he only gave her two days. He did not want to give her any but his hands were tied. He apologized to me multiple times. I was not mad, I told him my daughter could have handled it differently and deserves some form of punishment. She made her choice and had to stand by if.

  • Twisted1

    It’s the anything resembling sex is bad mentality. I have always thought it crazy how this country is so afraid of sex and nudity being seen by our kids. But have no issue with them watching violent media.

  • http://batman-news.com Stanley_Ipkiss

    She made the right choice, how could she have handled it differently? Telling teachers/parents just makes it worse usually. I would be proud of my daughter if she stood up to someone bullying her like that. A can of mango tea (wtf?) over the head is not a violent way of dealing with it but I am willing to bet it worked (very clever girl). I would laugh my ass off if my daughter dealt with some little punk that way. Your kid sounds like she is on the right track to me..she should not have to take shit from anybody ever. Better to be suspended for 2 days than spend the rest of her school life being bullied.

  • http://batman-news.com Stanley_Ipkiss

    apparently he/she is the victim as he/she had to witness this display of “Sexual misconduct”, they have probably given him/her a grief counsellor.

  • Texas Ranger

    Good deal, Glad they didn’t label your daughter a Domestic Terrorist just for sticking up for herself. My only question to the principal would be….when you going to do something about the BULLY?

  • Twisted1

    To be fair she threw the can at him afterwards. I did laugh my butt off and she did not get punished at home. However she has a mouth on her and can cut a person down to size with words. She had other options which is why I was not mad at the school and understood the punishment. It did work however and the kids at the school still talk about it two years later. Lol

  • Twisted1

    He did do something about him. I explained to him that she had been bullied at previous school and they did not handle the situation well and she no longer trusted the school to handle that kind of situation. He investigated the bullying and he suspended him for 5 days.
    Edit: Her write-up was for assult. But he put a notation in her file that it was in response for bullying.

  • Twisted1

    Lmfao!!! This country has gone mad!!!

  • Texas Ranger

    Good deal. Too bad it had to get to that situation before they did something about it. You can rah-rah your principal all day BTW, I’ll never saw good things about them, mainly because I don’t have any respect for the shitheads at our schools.

  • http://batman-news.com Stanley_Ipkiss

    Thats awesome and I didnt realise it was a guy bullying her too. Sounds like she has no issue holding her own, something I always encourage.

  • http://batman-news.com Stanley_Ipkiss

    Same as mine..just on a larger scale :)

  • Jason Wolf

    Damnit I was just gonna post the same thing, it took me a few seconds to guess what the pic meant but yeah you beat me to it.

  • Becky Romero

    Having a five-year old sign an admission of guilt is ludicrous.