One student says the photo popped up on a school-issued iPad during class.
The boy and his mother say the punishment isn't fair.
Joshua Troutt, 13, is talking about an incident that occurred at Highland Middle School. He and three other students were in their classroom playing a game called Flow on a school-issued iPad. He said one of the students pressed a button, and a photograph with his teacher's bare chest was revealed.
"It's not our fault that she had the photo on there. We couldn't do anything not to look at it, if it just popped up when he pressed the button. It was her fault that she had the photo on there because her iPhone synched to it. She had to have pressed something to make all of her photos sync onto there," said Joshua.
The school district has a handbook that offers guidelines for the use of technology.
Assistant Superintendent Beth Clark says the technology use policy was followed and what happened was quite by accident.
Nevertheless, Joshua and several other students have been suspended and threatened with expulsion.
His mother thinks her son is not being treated fairly.
"He didn't even touch the iPad. It was another kid who pulled the picture up on the iPad. He never even touched it, period," said his mother, Nicole Troutt.
[Reporter: "And you think that's unfair?"
"Very unfair," said Nicole.
Nicole's outrage didn't stop there.
"In all reality, you'd think she'd be fired because that's a nude picture in the school that the students seen," she said.
The school district says it has taken preventative action against the teacher, but won't say what action.
Parents who disagree with the punishment can appeal.
