reports that D'AVonte is a first-grader at Sable Elementary School in Aurora. He was accused of sexual harassment and disrupting other students.
According to authorities at the school in Aurora, Colorado, D'Avonte's behavior amounted to sexual harassment and "unwelcome sexual advance." However, the case was not referred to Auroro Police because the law only applies to people ten years and older.
The Daily Mail
reports that when KMGH-TV spoke to D'Avonte, it turned out that he did not even understand what the song meant, he was only parroting what he'd heard, probably on TV.
D'Avonte's mother Stephanie, expressed her astonishment at the school's decision, saying that the boy was too young to understand the meaning of the song or the meaning of sexual harassment. She said: 'I'm floored. They're going to look at him like he's a pervert. And it's like, that's not fair to him."
Stephanie said: "I could understand if he was fondling her, looking up her skirt, trying to look in her shirt. That, to me, is sexual harassment. I’m going to definitely have to sit with him and see if he understands exactly what the song means."
reports the school issued a statement saying they could not discuss the case but noted that the school board policy defines sexual harassment as any unwelcome sexual advance irrespective of the age of the offender.
School spokeswoman Paula Hans, said: "We have policies and protocol in place to prevent any disruption to the learning environment. Due to privacy laws, we are unable to discuss appropriate disciplinary consequences about a specific student."
The Daily Mail
reports that Denver attorney Craig Silverman, said school students have the same right to free speech as adults but must understand and follow the rules. He said, however, that school policies should allow for reasonable exceptions. He said: "Sometimes when you go to a zero-tolerance policy, you end up with a zero-sense policy."
reports that D'Avonte's suspension comes at a time Colorado Legislature is considering a measure that will limit zero-tolerance discipline policies enacted after the Columbine High School shootings.
Students have been referred to the police or expelled from school for bringing fake guns or butter knives to school. According to Sen. Linda Newell, the bill's sponsor, the measure aims to direct school districts to consider other forms of discipline that are less disruptive to students' education.
reports that this is the second time D'Avonte was disciplined . Last month, he did a "booty shake" in front of the same girl. Huffington Post
also reports that this is not the first time a child is suspended from his elementary school on accusation of sexual harassment after a "flippant remark." A 9-year-old boy was suspended from his school in North Carolina after he called his teacher "cute."