Harlingen 9-year-old inappropriately touched by classmate

It was a day A Harlingen mother says she will never forget.

When her son came home to tell her something, she never thought she would hear.

She says her 9 year old son told her he was abused twice by his fellow classmate, while inside the bathroom of his school.

According to the boy, not only did his classmates force him to pull down his pants.

His mother says her son's genitals were also inappropriately touched.

She says she immediately reported the incident to Harlingen Police

Because the suspect is under the age of 10 Harlingen PD could not file a criminal report. They were forced to turn the case over to child protective services.

We contacted CPS who in a statement say they cannot comment on investigations but do assign investigators to all abuse allegations.

The mother also took her concerns to the school principal, but after an investigation, she says the child accused of the abuse, was only moved to a different classroom and received no other punishment.

The mother says she doesn't understand why he wasn't expelled.

We called Harlingen CISD Superintendent Dr. Steven Flores to ask him about the allegations made by the child.

He referred us to the Federal Education Privacy Act saying they cannot comment regarding disciplinary incidents in the schools.

Dr. Flores neither confirmed or denied the incident but did say they take every report seriously, and investigate allegations per the district's student code of conduct.

But for this mom the punishment just doesn TMt fit the crime.

Since the incident the mother has removed her son from Stuart Place Elementary and enrolled him in a new school.

But says he has been absent all week traumatized by the alleged attack.

She TMs hoping she can find help for her son.