The little girl's uncle, Robert, criticised his niece's school after she was sent to in-school suspension, because her top did not match school guidelines.
Even though her uncle said she wasn't showing 'anything inappropriate', he took to Facebook hitting out at the school for punishing her because of her size.
In a Facebook post he said: 'Apparently it is acceptable to body shame a nine-year old.
'It sickens to imagine my sweet niece going to a school that cares more about her weight than what's in her mind. They could have made her wait for a new outfit in the office. Instead, she was sent directly to ISS'
He added that it's not the first time a student of a similar body shape has been shamed for their clothing choice. He said: 'Unfortunately, another girl with the same body type in her class received the same treatment. The second outfit was also not satisfactory.'
In the post he also shared the pictures of the simple t-shirts the girls were wearing that got them into trouble.
Robbie called the punishment 'abuse' and suggested: 'If the school is so concerned with their student's appearance they should implement school uniforms. Dress codes are open to interpretation and abuse. This abuse was demonstrated by the faculty at Brookhaven Elementary School. Does this punishment seem appropriate to you?'
The Facebook post has since been shared over 46,000 times with hundreds of comments from people sharing their shock that a nine year old had to go through such an experience. One user said: 'It breaks my heart she has to go through that. Her outfit looked great to me.'
Another criticised the adults at the school for embarrassing a nine year old, saying: 'Ridiculous it's the grown ups that's doing the bullying JUSTSAD'