AURORA, Colo. (CBS4) – The family of a student says he was physically assaulted by a substitute teacher. Aurora police investigated this case, but they found the teacher did nothing criminal.

The incident happened at Horizon Middle School. Eighth grader Kyle Carter, 13, says he was trying to stand up for a female student the sub was harassing when the teacher turned on him. He says the teacher put him in a chokehold, picked him up in a bear hug and ripped his shirt.

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“I was trying to help out my peer so the girl wouldn’t get hurt,” Carter said.

“(I was) kind of appalled and disgusted to see marks on my son and around his neck,” Carter’s father Trenton said.

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Police say a state statute allows for reasonable physical force between a teacher and a minor.

Carter’s mother, Kayla Johnson, says the substitute teacher should face criminal charges.

“There were many opportunities early on that that sub teacher could have left that room or called for assistance,” Johnson

The Cherry Creek School District says if there are any problems with a substitute teacher, that teacher will not be invited back to teach in the district.

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CBS4 reached the substitute at his home and he had no comment.