Fairfax County school officials have not only rejected a former students sexual assault claim, but are calling it a sexual encounter.

The alleged victim, a recent Oakton high school graduate and her parents filed a lawsuit in May, accusing the school system of failing to appropriately investigate the alleged assault — they believe violating its’ obligations to uphold Title IX.

In a response filed on June 20, an attorney for the school board said school officials told the teen’s parents about the sexual encounter but that she neither described nor reported it as a sexual assault.  

“[It] Shows how poorly trained the officials are in Fairfax County to address sexual assault reports because any reasonable person who had read the victims statement and had heard what other people had said about what happened would know this was a report about no-consensual sexual activity.” said Adele Kimmel, an attorney with Public Justice, the organization representing the teen.

The lawsuit stems from an incident that occurred when the alleged victim was 16 and on a bus during a five day student band trip.