A Florida elementary counselor is pressing charges against a 10-year-old boy. The child was suspended from his school after she accused him of groping her during a hug. He is now facing a misdemeanor battery charge after the exchange, and his family is fighting against it.

The Holly Hill School in Volusia County counselor said while visiting a classroom on Oct. 24 to discuss something when the fourth-grader approached her for a hug, according to a police report and a copy of his suspension letter provided by attorneys for the boy’s family, the NY Post reports.

In a letter explaining the counselor’s allegations, she wrote that she “turned sideways to give a side hug,” and the child put one arm around her shoulder and, with the other hand, “reached and grabbed her left breast,” and removed the child’s hand.

According to NBC News, The counselor cannot be named as she is protected by Marsy’s Law, which protects the victim’s identity in Florida.

The student’s lawyer says his client is falsely accused and noted the school did not have a thorough investigation following the claims, which resulted in the child being suspended for 10 days. He was allowed to return to school Tuesday, and the Volusia County Schools declined to make a statement regarding the incident.

“My grandson has been accused of something and then punished before the facts,” the child’s grandfather said. “We will not stand for it,” he added.

According to the police report and the suspension letter, the student’s teacher was in the room during the hug exchange but did not witness what happened.

The letter also stated the teacher tried to talk with the student after the allegations, but he “began to yell,” prompting the front office to remove him from the classroom.

The family stands by their 10-year-old son and hopes the truth will clear their son.