CHICAGO (WLS) — A civil lawsuit filed Monday alleges a Chicago student with autism was sexually assaulted by another student earlier this year.

Chicago Public Schools said the alleged assault is the subject of an open investigation with the School Board’s Office of Student Protections.

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Chicago police were called to Sullivan High School in Rogers Park Jan. 30.

CPD said a 15-year-old was battered and sexually assaulted and that no one is in custody.

The teen’s family said they pulled their son from school after another student attacked the boy.

“The school failed to act and failed in its fundamental duty to protect the children in its care,” lawyer Larry Disparti said.

“He walked by himself from his 10th grade homeroom classroom into a bathroom at Sullivan High School, where he was viciously sexually assaulted,” lawyer Case Casper said.

The 15-year-old’s family says it was a student who sexually assaulted the teen.

On Monday, the family stood with attorneys, as a complaint was filed against the Chicago Board of Education and three staff members.

The attorneys allege negligence by the Board and staff as the teen is required to have full-time supervision.

The complaint describes the sophomore as living with autism and attention-deficit/hyperactivity disorder. He has an Individualized Education Program that requires full-time supervision.

“This boy is virtually non-verbal. The ability for him to defend himself against an attack like this is virtually non-existent,” Casper said.

CPS issued a statement, saying:

“While the District can’t comment on any pending or ongoing litigation, Chicago Public Schools (CPS), prioritizes and takes seriously its responsibility to ensure the safety, security, and well-being of all students.”

“It’s been very devastating,” the boy’s older sister said.

She and her parents did not want to be identified to protect the teen’s identity.

They wore pins the sister made to recognize Autism Awareness Month.

“He’s been very traumatized, very anxious whenever we walk down the street. He just wants to be beside us. If he has to take a shower or go to the bathroom, he wants someone to be there for him. He doesn’t want to be left alone,” his sister said.

The Illinois Department of Children and Family Services confirms there is an investigation into the matter.

The teen’s family said the teen was out of school for over two months because he was afraid to go back to Sullivan.

They say he is attending another school now.