The Department of Education’s Office for Civil Rights is reportedly investigating claims that a gender-fluid student sexually assaulted his 5-year-old female classmate in a school restroom in Georgia.

The Atlanta Journal-Constitution reported that that the alleged incident happened last fall at Oakhurst Elementary School in Decatur. The complaint indicated that the assailant was a “gender fluid” boy who attacked the victim in a girls’ bathroom; the pair reportedly returned to the classroom and didn’t disclose the incident to the teacher.

The Hill reported that The Alliance Defending Freedom, a conservative legal nonprofit group, is representing the alleged victim. The victim’s mother, Pascha Thomas, appeared in a video produced by ADF where she describes the student pushing her daughter against a wall and forcibly touching her genitals.

In the complaint, Norcross attorney Vernadette Broyles accused  City Schools of Decatur of violating Title IX law by “eliminating their (girls’) expectation of privacy from the opposite sex.” While the complaint was filed in May, the agency issued notice on September 14 that they were opening an investigation on the matter.

The outlet noted that the Trump Administration recently scaled back on an Obama-era policy which mandated that schools had to allow students to use restrooms that matched their gender identity. Regardless, Decatur schools kept the 2016 policy in place despite the recent leniency in federal law.

Meanwhile, a school official debated Thomas’ account in a statement to The Advocate. It reads:

“City Schools of Decatur is committed to supporting all students. We are aware of the unfounded allegations made by the Alliance Defending Freedom. We fully disagree with their characterization of the situation and are addressing it with the Office of Civil Rights. As this is a pending legal matter, we have no further comment at this time.“

[Featured Image: Pascha Thomas/YouTube video screengrab]