An assault or a fight? This school has no clue.

According to Josh Duggan Sr., his 16-year-old son, Josh Jr., a sophomore at Fayetteville High School, was walking back to school from lunch, when he was attacked.

"The guy yelled at him, swung him around, asked him if he was ready for round two. My son informed him he didn't want to fight."

But Duggan Sr. says the boy didn't listen. Instead, according to Duggan, the 17-year-old senior kicked his son in the back of the knee breaking his leg, and then slammed his son's head into the concrete until he was unconscious.

Duggan, Sr. says his son's injuries could have been prevented. According to him, this isn't the first time his son has been attacked. The boys had another altercation at school 3 to 4 weeks ago.

"His mother had warned the school officials several times that this kid's not done. This is going to happen again," said Duggan Sr.

He says this is a classic case of bullying gone to the extreme. Police still aren't quite convinced.

"I know it's been reported as a bullying incident, but there is no evidence at this time, after talking with the witnesses and the suspect, of this being any bullying at all. It just seems to be a mutual combat thing between the victim and the suspect," said Sergeant Phelan with the Fayetteville Police Department.

Duggan Sr. strongly disagrees.

"I'm more than a little upset that certain officials are in the press saying that we can't determine if this was a bully attack or if this is a school yard brawl....That goes beyond a school yard brawl. That is excessive brutality. That is psociopathic tendencies coming from another student," said Duggan Sr.

The alleged bully has been arrested and charged with 3rd Degree Battery. Depending on the extent of Duggan Jr.'s injuries, those charges could be upgraded and the suspect could be charged as an adult.

Alan Wilbourne with the Fayetteville School District says they can not comment on the case, but says they are following discipline policies.

Duggan says his son will not be returning to Fayetteville High School and he hopes his son's story can prevent more attacks like these.

"I'm pleading to the city of Fayetteville. Make an example of this kid. Show that bullies go to jail and kids can go to school without fear," said Duggan Sr.