Dad Sues School After 5-year-old Suspended for Cussing

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Five-year-old Jordan Swindle was suspended for one day after he said a four letter curse word on the playground.  Now, his father is suing the Rogers School District and Northside Elementary Principal .  Ken Swindle says the school overreacted and wants it removed from his record.

“We’re trying to keep Jordan’s record clean, if his record shows that he has been suspended it could trigger a domino effect of him being labeled some way of a problem child,” says Swindle.

Swindle says the school called him to come pick up his son but, he didn’t because he did not approve of the punishment.

“From 11am to the rest of the day he sat alone in the Principals office.  They asked me to come and pick him up and I didn’t want to come and pick him up because I did not want to because that wasn’t the correct punishment for him,” explains Swindle.

Swindle also says whether in kindergarten or high school, a student should be scolded not suspended for using a curse word.

“I probably would’ve said that’s acceptable set down for the rest of the recess for five minutes or ten minutes. This is why it’s not acceptable but suspending a child from school is completely disproportionate to what he did.”

Superintendent Janie Darr says parents are well aware of discipline policies at the schools.

"We send this displicine policy home with all students every year and ask parents to read it and sign it so they understand it. So, they know what we are expecting of our students."

Swindle says the 5-year-old admitted to saying the word, but didn't know the meaning of it.

“He knows that he said a word that he shouldn’t have said.  Of course, he has no understanding of what that word means, he just knows it’s a bad word.”

Swindle says he learned the word from a cartoon.

“We have determined that he got it from a cartoon that we thought was for children and it wasn’t.  We bought a used DVD of a cartoon and let him watch it and we found out that it does have bad language in it.”

The lawsuit requests a court order for the Rogers School District to have a full hearing on the suspension.  Swindle says he wants the school board to hear the case and then decide whether a suspension is appropriate.