Las Vegas, NV (KTNV) -- A student expelled after being photographed in a hallway with a nearly naked girl said he is turning down the district's offer to return to Durango High School.
"It wasn't because I was doing anything wrong, it was just for the simple fact that I happen to be in the picture," said Gary Hoffmann.
After appealing the school's decision, Hoffmann said the district told him he could have the expulsion wiped from his record and re-enroll in school, if he spent six weeks in a behavioral program.
Although he still feels like he's being punished, Gary said he agreed, believing it to be the best option for his future.
"It's a bad look for colleges, so I don't want that to be on my record," said Gary.
Hoffmann said after all the fallout from the photo, he won't return to Durango because he doesn't believe school officials would treat him fairly.
Privacy laws prevent the school district from commenting directly on this incident, but in reference to expulsions a spokeswoman said, "Parents have the opportunity to pursue multiple levels of appeal to seek a dismissal or modification of the expulsion. At all levels of appeal, evidence and facts are again thoroughly examined."