By Minyvonne Burke —
NBC News
A 10-year-old boy was suspended from his Florida elementary school and faces a misdemeanor assault charge after being accused of inappropriately touching a school counselor during a hug, a charge his family denies.
The counselor at Holly Hill School in Volusia County alleged she was visiting a classroom on Oct. 24 to discuss something when
the fourth grader approached her for a hug,
according to a police report and a copy of your suspension letter provided by the child's family attorneys.
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She said she "rolled onto her side for a side hug," the letter says, and the boy put one arm around her shoulder and with his other hand "reached out and grabbed her left breast."
The counselor said she withdrew her hand and he walked away from her, according to the letter.
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NBC News does not typically name juveniles charged with crimes.
NBC News also does not name the counselor because she availed herself of Marsy's Law, which in Florida allows alleged crime victims to remain anonymous.
She could not be reached Wednesday at the phone numbers listed for her.
Police were called to the school in reference to an alleged assault and the boy now faces a misdemeanor assault charge, according to the police report, but has not yet been charged.
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Lawyers representing the boy's family say he has been falsely accused.
In addition, they claim that the school never properly investigated the incident and suspended the boy for 10 school days even though he denied the allegations.
He was allowed to return to school on Tuesday, they said.
Volusia County Schools declined to comment on the incident.
"My grandson has been accused of something and then punished before the fact
," said the boy's grandfather.
"We will not tolerate it."
NBC News has not named the boy's family members to avoid identifying him.
The 10-year-old's teacher was in the room during the alleged incident but was not a witness, according to the police report and suspension letter.
The police report and suspension letter state that the teacher called the fourth grader to discuss what happened, but he “began yelling” and the main office was called to remove him from class.
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The assistant principal called his grandmother to tell her what happened and inform her of the suspension, according to the family.
The child's family disputes the counselor's version of events.
Attorney Rawsi Williams said the boy says it was the counselor who initiated the hug.
“All he did was reach out and hug her.
It was nothing more than that to him.
Then he went back to her desk, talked to his other soccer playmates,” she said.
“The next thing he knew, the teacher called him and accused him of groping this lady.
(The boy) denied it, but even when he denied it he was suspended.
Still, they called the police on him.
The (counselor) still told the police that she wanted to press criminal assault charges against this 10-year-old boy.”
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Attorney Frank T. Allen, who is also representing the family, said the family believes
racism
was at play.
The boy's father said the incident was reminiscent of Emmett Till, the 14-year-old black boy who was tortured and killed by two white men in 1955 after a white woman accused him of making unwelcome advances.
The boy is black and the counselor is white.
"It exacerbates stereotypes of black men and how they react to women and white women," Allen said.
"And for her to go and do that and baselessly accuse this kid, this is going to have a long-term effect on him and how she interacts with people."
The incident has left the boy fearful of going back to school, his grandmother said.
The family calls for the counselor's dismissal, appeals the suspension and requests that charges not be filed against the boy in juvenile court.
