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http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20050223/BREAKINGNEWS/50223002 <br /> February 23, 2005<br /><br /><br />Florida boy accused of assault with rubber band<br /><br /><br />13-year-old suspended 10 days after confrontation with teacher<br /><br /><br />WKMG Local 6<br /><br /><br />Suspended from school. Robert Gomez has been accused of threatening a teacher with a rubber band. WKMG Local 6 image. <br />Enlarge this image<br /><br /><br />A 13-year-old student in Orange County, Fla., was suspended for 10 days and could be banned from school over an alleged assault with a rubber band, according to a WKMG Local 6 News report. <br /><br />Robert Gomez, a seventh-grader at Liberty Middle School, said he picked up a rubber band at school and slipped it on his wrist.<br /><br />Gomez said when his science teacher demanded the rubber band, the student said he tossed it on her desk.<br /><br />After the incident, Gomez received a 10-day suspension for threatening his teacher with what administrators say was a weapon, Local 6 News reported.<br /><br />"They said if he would have aimed it a little more and he would have gotten it closer to her face he would have hit her in the eye," mother Jenette Rojas said.<br /><br />Rojas said she was shocked to learn that her son was being punished for a Level 4 offense -- the highest Level at the school. Other violations that also receive level 4 punishment include arson, assault and battery, bomb threats and explosives, according to the Code of Student Conduct.<br /><br />The district said a Level 4 offense includes the use of any object or instrument used to make a threat or inflict harm, including a rubber band.<br /><br />Rojas plans to fight the ruling but her son still faces expulsion.<br /><br />"It's ridiculous, it's a rubber band," Rojas said.<br /><br />The school's principal could not comment because the case is still under investigation.<br /><br />A district spokesman said there is still a series of meetings the district will have before Gomez is officially expelled.