When Evelyn Rivera TMs 8-year-old son complained about a throbbing ear ache, she took him to the doctor for a check-up.
The doctor determined her son's ear was swollen, but she said what she discovered next, was what hurt the most.
"Oh my God - I was in shock, Rivera said. My kids were like, ~yes mom he's not lying TM|so I said let me go straight to the school."
Rivera went to school administrators at Frank Roberts Elementary School in San Benito demanding answers.
She met with administrators and the teacher in question, but said the teacher showed no remorse for his alleged actions.
Rivera claims the teacher took her son and another third grader by the ear, from where they were sitting on the floor, and pulled them to a standing position, because they were whispering in class.
"A teacher's job is to teach them, (help them) learn, not to be mistreating them "n even if they were to misbehave, Rivera said. As they say treat others the way you want to be respected."
Action 4 News went to the San Benito school district for answers, but they only issued a letter stating: A teacher from frank Roberts Elementary returned to work after being placed on administrative leave with pay after school officials conducted an internal investigation. The investigation was launched after allegations surfaced against the teacher in question. The incident involves a personnel matter, therefore, the district cannot disclose any other details at this time.
However, Rivera said this disciplinary action is not enough for the teacher, especially since she claims there's been more student victims that have had their hair and arms pulled by the teacher.
"He should be fired, Rivera said. From what I TMve heard, he's done this since last year. Parents tell me that he's always had an attitude problem."
Rivera said since the teacher returned to campus following the two week suspension, it TMs been a challenge for her children to be in his classroom. Rivera said she plans to file criminal charges against the teacher.