THE BAY CITIZEN
A Touch During Recess, and Reaction Is Swift
By SCOTT JAMES
Published: January 26, 2012
started as schoolyard roughhousing during recess, with one boy’s hand allegedly touching the upper thigh, or perhaps the groin, of another. There were no reported witnesses, and it remains unclear if anyone complained, but the principal immediately suspended the student, placing the incident on the boy’s record as a case of “sexual assault.” The children involved were first graders — the purported assailant just 6.
Scott James/The Bay Citizen
At an elementary school in Hercules, a first grader was suspended.
“It’s really overzealous,” Levina Subrata, the accused boy’s mother (they do not share the same last name), said of the incident last month at Lupine Hills Elementary, a public school in Hercules. “They were playing tag. There’s no intent to do any sort of sexual assault.”
The school’s principal, Cynthia Taylor, did not respond to an interview request. Marin Trujillo, a spokesman for the West Contra Costa Unified School District, which includes Hercules, said officials were barred from speaking about student and personnel matters. However, he added, “We must take any allegation of assault involving a child very seriously.”
Ms. Subrata provided a copy of the suspension notice, which shows what appears to be the principal’s signature and the conclusion: “Committed or attempted to commit a sexual assault or sexual battery.”
That such adult criminal intent was applied to a matter involving young children has caused a stir in this tidy East Bay suburb, a place so orderly that traffic signals halt every car at every light.
Ms. Subrata, fearful that being branded with a sex offense could ruin her son’s future, sought advice via the Berkeley Parents Network, a popular online forum for area families. An avalanche of vitriol followed.
“That principal and school is so insanely out of line,” said one comment. “This kind of thing makes me livid,” said another. Other parents said their children had faced similar trouble, including one suspended for “hugging.”
Experts said such incidents are not isolated, but rather part of an emerging national trend.A similar case caused a sensation in Boston in November when a 7-year-old faced sexual harassment charges for kicking another boy his age in the groin during a fight.
Due to heightened concerns over bullying in recent years — spurred by a public awareness campaign following several child suicides — school administrators now feel pressure to act boldly in cases where students might face harassment.
Frederick M. Hess, director of education policy studies at the American Enterprise Institute, a conservative policy institute, said the antibullying efforts are well intentioned, but, “the policies being adopted set forth pretty strong rules regarding categories of behavior,” he said. “This means there’s less room, and more risk, for principals who would make sensible accommodations based on student age and the circumstances in question.”
Indeed, calling a matter “sexual” when a first-grader is involved seems at odds with California statutes that indicate that such intent can only be applied to children who are in fourth grade or older.
Stuart Lustig, a board-certified child psychiatrist at the University of California, San Francisco, said that in general it is quite common, normal even, for young children to touch each other’s genital areas. “It’s curiosity,” he said. “It’s not sexual in the adult sense.”
Dr. Lustig added that it would only become a concern if a young child does not stop when told the behavior is inappropriate. However, he said he had heard of cases where schools have acted immediately to discipline youngsters, even over a single schoolyard kiss. “Schools can sometimes respond very strongly because of the legal environment,” he said.
Mr. Hess predicted that questionable actions by schools in such cases would soon become a significant education concern. “We’re putting educators in an untenable position,” he said. “They’re being asked to squelch out every iota of bad behavior, but without overreacting or stomping on childhood.”
Ms. Subrata, the Hercules mother, hired a lawyer and threatened legal action against the school district, demanding that her son be moved to a different school, that his record be expunged and that the principal be disciplined.
The district would not say if any action had been taken, but Ms. Subrata said she has been assured that her son’s records have now been cleared of any wrongdoing. And he was recently transferred to a new elementary school where he’s adjusting to the change, although he is a bit confused by all the fuss.
“He doesn’t know what he did wrong,” Ms. Subrata said. “I mean, he had just received an award from the school for being a good citizen.”
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