 SURPRISE, Ariz. (CBS Las Vegas) – A mother is upset after her 5-year-old son received detention for what his school is calling “sexual misconduct.” 
 
 Eric Lopez, a kindergartner at Ashton Ranch Elementary School, pulled his pants down on the playground this past spring. The mother said that her son is too young to understand what sexual misconduct means and that he pulled down his pants, exposing himself, not out of sexual intent but because he was intimidated by another student. The mother does not think that her son’s age was taken into account when the Dysart Unified School District labeled his “depantsing.” 
 
 But Dean shared that the district does not focus on labels when they discipline students. Several districts have "sexual misconduct" or "sexual offenses" categories that include public display of affection, indecent exposure, sexual abuse and sexual conduct with a minor. The state recommends that each district take into account the age and maturity of a student before placing their actions in the sexual offense category. “He’s 5.” 
 
 Dysart Unified School District has a policy that states a parent does not have to be present for a disciplinary meeting unless the student requests his or her parent.
– An Arizona mom wants answers as to why her 5-year-old kindergartner now has a "sexual misconduct" stamp on his permanent school file. Erica Martinez says her son, Eric Lopez, pulled down his pants and exposed himself when another student at Ashton Ranch Elementary School "intimidated" him on the playground. The superintendent of the Dysart Unified School District says administrators labelled the event as "sexual misconduct" per school policy, but Martinez argues her son doesn't even know what that means and his actions were far from sexual, the Arizona Republic reports. Eric was asked to sign a "sexual misconduct" referral without Martinez present, CBS News previously reported—though school officials say the signature only indicates he received due process. Eric spent a lunch period in detention, but the referral will stay in his school record while he remains in the district. "This is a child's school record, and it's not something to be taken lightly," an expert notes. Labels like "sexual misconduct," another adds, could hurt a child this age if they're internalized. Kids need to be "put back on the right path ... rather than adults using adult words with kids that don't even really apply," that expert says, but the school says it's just following state guidelines for defining certain types of misbehavior. The status of Lopez's case is unclear—CBS reported last month that his mother's appeal to have the mark removed from his file was denied, but the Republic says she has not yet formally appealed.