That's right. I predict that the "complaint" will go nowhere, precisely because the Justice Department will not participate in a frivolous claim. A letter of complaint has been filed, and it will be looked at, as are all such letters. A junior lawyer will write a memo. A decision will be made by his superiors in the civil rights division about the merits of the complaint, whether it justifies further action. Then they will write a response to the effect that they decline to get involved.
What you seem to be saying, or this student seems to be saying, is that the school--or at least this professor--has to teach creationism as science, rather than evolution, and be graded differently than the rest of the class or student body who are being taught evolution--and that this student can define curriculum for the rest of the class or student body. If that's the case, why doesn't this student take a class in which creationism counts towards a science/biology credit or transfer to a school in which creationism is the biology course?
Hell, I can't wait for the churches to finally become federalized, then there will be no friggin' ambiguity. Once and for all we will be told just what to believe in, pure and simple. One church, one faith one god, you are either with us or you are a terrorist. Thank god for GWB, the way, truth and light!