HERCULES (CBS 5) – An East Bay dad claims a game of tag on the playground resulted in his 6-year-old son being accused of sexual assault – a decision he said was an overreaction by school officials.

The parent, who asked only to be identified as Oswin, said his son was accused of brushing his best friend’s leg or groin while the two were playing on the playground at Lupine Hills Elementary in Hercules two months ago.

Oswin said his child was kept in the principal’s office for two hours until he confessed. He was suspended, and a sexual battery charge was placed on his permanent school record.

“To me, I think it’s an overreaction,” said Marilyn Cheeks, a Lupine Hills Elementary parent

Legally, there’s no such thing as sexual assault for a six year-old in California.

It wasn’t until Oswin and his wife got a lawyer that the school backed off. District officials declined to discuss specifics. They did confirm that an investigation was conducted, and that the child could not be charged with sexual battery. The claim was removed from the boy’s record.

Oswin’s son is attending another school now. He said he only hopes no one else will have to go through what his family did.

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