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A mental health counselor at a Florida elementary school allegedly filed charges against a 10-year-old who she claimed groped her.

According to USA Today, the counselor at Holly Hill School in Volusia County, Florida, made the claim in a police report filed with the Holly Hills Police Department. According to USA Today, the student was given a 10-day suspension and will return to school on Monday.

According to USA Today, the student’s legal guardian, Lakesha Hollins, stated that the student did nothing wrong. She stated that she disagreed with both the district’s decision to suspend the student and the counselor’s decision to file charges.

“We’re talking about a 10-year-old being kicked out of school for what possibly could have been an accident,” Hollins told USA Today. According to USA Today, the school sent Hollins a letter stating that the student allegedly approached the counselor for a hug when their class was returning from lunch.

“(The counselor) turned sideways to give a side hug,” the report states according to USA Today. “(The student) put his left arm around her shoulder and then with his right hand he reached and grabbed her left breast in which she had to grab his wrist and remove his hand.”

According to USA Today, the student allegedly “cupped her left breast in a disrespectful way” and she had to “forcibly remove his hand.” According to Hollins, the counselor was looking away and possibly speaking to someone else during the hug.

“My grandson said with the hug, she did grab his hand and hold his hand up, and he didn’t really know why she did it,” Hollins said according to USA Today. “He said she let his hand go and then he walked back to his seat and then he began to talk to other students. They were talking about football.”

According to USA Today, the primary teacher in the classroom did not witness the hug, according to the police report. “There are no witnesses, (just) her word against his,” Hollins told USA Today. “He’s only 10.”

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