Two girls are facing charges for an attack on another student inside a bathroom at Chartiers Valley High School in Bridgeville, Pennsylvania.
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Civil rights leaders across the country called the attack a hate crime because the victim was wearing a hijab, but police said the evidence does not support that claim.
During the investigation, the school resource officer met with the victim, her family and a representative of the Council on American-Islamic Relations.
The charges that are being filed include aggravated assault, harassment, disorderly conduct and violation of the Pennsylvania wiretap law.
"There has been nothing here to bear out any ethnic intimidation," said attorney David Shrager, who represents on of the girls charged in the confrontation. "A full, complete investigation was done by the police and (district attorney's) office and they made the decision not to file those charges."
Shrager said he will fight the wiretap charge in court.