Ohio mother upset school said kindergartner committed ‘sexual harassment’

A Hamilton kindergartner’s mother is upset after he was ordered home and written up by his school for an offense of “sexual harassment” after the boy pointed to and commented on a teacher’s breasts.

The 6-year-old boy at Fairwood Elementary in Butler County also was told by school staffers to sign a form acknowledging he received the school’s “Notice of Emergency Removal” document describing the incident, which occurred on March 11.

The boy, according to school documents obtained exclusively by the Journal-News, was described by Fairwood school staffers in the notice as having “tried to touch an adult’s breasts and he was talking about her breasts.”

The boy is bilingual, and the document also notes: “His brother said, ‘Do you know what he’s saying to you? He is talking about your breasts.’”

ExploreFormer Hamilton athletic director says conference call led to resignation

His mother, Kiara Martinez, said she witnessed the encounter between her son and the teacher that occurred outside Fairwood after she dropped him off at the school entrance the morning of March 11.

“He pointed at her and said, ‘Are those your boobs?’ And he said it in Spanish,” said Martinez.

A Hamilton school mother tells the Journal-News her 6-year-old kindergarten boy was written up as committing an act of sexual harassment against a female teacher for pointing and commenting on her breasts. School staffers ordered his mother to come to Fairwood Elementary and remove her boy from the campus for a day and filed a notice in the boy's file of the incident. (File Photo\Journal-News)
A Hamilton school mother tells the Journal-News her 6-year-old kindergarten boy was written up as committing an act of sexual harassment against a female teacher for pointing and commenting on her breasts. School staffers ordered his mother to come to Fairwood Elementary and remove her boy from the campus for a day and filed a notice in the boy's file of the incident. (File Photo\Journal-News)

The mother thought nothing of her son’s interaction when she saw it, but soon after returning home, she received a call from the school telling her to come back and remove her son from the building for the rest of the school day.

“I said to them (school staffers), ‘He’s a toddler. What are you talking about?’” said Martinez. “And then they made him sign a document without my consent.”

ExploreHamilton High School principal, assistant principal submit resignations on same day

She expressed concerns her son would be labeled as committing sexual harassment and the school’s listing of such an offense would be part of his student record.

Initially, when contacted by the Journal-News, Hamilton school district officials said Tuesday they were looking into the incident and declined to comment further. Later Tuesday, according to Martinez, Fairwood Principal Jennifer Wolf called her at home and said the boy’s notice of a sexual harassment offense on the form was changed to one of “misconduct.”

Martinez shared the new “Notice of Emergency Removal” given to her by the school with the Journal-News noting the change in the offense listed.

ExploreIn their words: Class of 2020 graduates describe pain, aftermath of losing special moments in Butler County

The boy was allowed to return to school March 12, the day after the incident.

Brandon Stanfill, director of student services for Hamilton Schools, said “it is my understanding that (Martinez) reached out to the school district regarding her concerns and she was able to work with the principal to find an agreeable supportive solution for all parties.”

“Due to privacy concerns related to student records the information we can share is limited. As a district, we consider the matter closed,” said Stanfill.

Martinez said she is considering removing her children from Fairwood.

“This is a serious thing and they should have done more but they didn’t until the news (Journal-News) called them about it,” she said.

In Other News