North Carolina high school is sued for suspending boy, 16, for using the phrase 'illegal aliens' after claiming it was racist

A high school student is suing his school for putting him on a three-day suspension last month when he used the phrase 'illegal aliens' in class.

The 16-year-old's mother, Leah McGhee, said the lawsuit is necessary because the North Carolina school was essentially calling her son a racist, and she doesn't want his chances of getting accepted into colleges ruined over a misunderstanding.

'This label that was so unfairly placed on his record is going to hinder him,' she told NewsNation. 

On April 9, Central Davidson High School sophomore Christian McGhee asked for clarification when his English teacher said the word 'alien' during a lesson.

Christian asked whether she was referring to 'space aliens or illegal aliens who need green cards,' according to the lawsuit. 

Christian McGhee, 16, was suspended for three days from Central Davidson High School, after using the term during a classroom discussion about word meanings

Christian questioned the term 'alien' in an assignment, asking if it referred to 'space aliens or illegal aliens without green cards (pictured, center)

In initial reports, Christian's comment apparently offended another student who then physically threatened Christian. The lawsuit claims the other student wasn't offended and joked that he was going to kick Christian's a**, which led to the involvement of school authorities at Central Davidson High School in Lexington, North Carolina (pictured)

That's when a Hispanic student in Christian's class 'joked' that he was going to 'kick Christian's a**', per the suit.

Christian and the student were then sent to the office of Assistant Principal Eric Anderson, who suspended Christian for three days for 'making a racially insensitive remark that caused a class disturbance,' according to a written suspension notice.

The Liberty Justice Center filed the complaint against the Davidson County Board of Education and the assistant principal on behalf of the McGhee family.

The nonprofit's educational freedom attorney, Dean McGee, told Fox News Digital that the student wasn't actually offended by Christian's remark in class, and it was the school administration that decided to take this as seriously as it did.

'It's the assistant principal, the administrator, who elevated this to a racial incident where one did not exist. The boy who responded to our client said, "hold on, I wasn't really offended. This isn't a big deal."'

Leah McGee, pictured standing in front Christian, told NewsNation that her son 'has zero racism in his heart.'

Leah McGhee (pictured) has taken Christian out of his old high school and recently attended a school board meeting where she slammed unnamed administrators for allegedly launching a smear campaign against her after she tried to defend her son

Dean McGee, Christian's lawyer, said the assistant principal who suspended Christian in early April was essentially 'branding him racist on his permanent record'

McGee also said that Leah McGhee, suggested sitting down with the other student's family to discuss what happened to better decide if her son should be punished.

'And the assistant principal said no,' McGee alleged. 'Harsh punishment. Three days out of school suspension. That was his solution. Not empathy, not understanding, just punishing this child and branding him racist on his permanent record.' 

At a recent school board meeting, Leah McGhee slammed administrators for suspending her son over saying the phrase which she said the school board's policies doesn't prevent students from saying.

After finding out she wasn't able to appeal her son's suspension, she said she emailed Davidson County School Board members Alan Beck and Nick Jarvis.

'These emails remain unanswered to this day four weeks later,' McGhee said.

Christian's suspension letter, which was attached as an exhibit to the lawsuit filed by the Liberty Justice Center

Leah McGhee's main concern is that her son's 'illegal aliens' comment doesn't harm his college prospects when the lawsuit claims that the supposedly offended student wasn't actually offended

McGhee went on to claim that two board members whom she didn't name attempted to spread her arrest record from 14 years ago for possession of pain medication.

'Through your reckless attempt to slander my name, you have successfully retraumatized my family,' McGhee said, also advocating that those two board members be removed from their seats.

DailyMail.com reached out to the Davidson County School Board for comment on these allegations. 

Christian is no longer enrolled at the school that punished him because he faced ostracization, bullying and threats, according to his mom. 

Christian is now enrolled in a homeschooling program to finish out his academic year. 

The lawsuit, filed with a US District Court in North Carolina, demands a jury trial. The McGhee family's lawyers plan to appeal if the district court doesn't rule in their favor.

'Our organization has appealed in the past and won a case at the Supreme Court. We would be willing to do that here if it's necessary. We're in it for the long haul for this family,' McGee told Fox News Digital.