the document labeled his actions sexual misconduct. they got a detention. the sexual misconduct label is now going to be stuck in his permanent file as long as he is in that school district. >> they have made that remark, that he is old enough to know what's going on and what he is doing. >> he's 5, do you believe that? >> no. once i seen that it had sexual misconduct, i said, there's no way i'm going to sign this. >> yeah, sign this, a 5-year-old. students are not required to have their parents present for disciplinary meetings unless they ask for the parents to be there. kind of sounds like you have to assert your right to your fifth amendment and also to have a lawyer present at the age of 5. eric is 5. eric didn't know he had that choice. eric doesn't know anything unless you tell him what to do. i want to bring in commentator mel robbins and cnn digital