MIAMI (CN) - A middle school band teacher who "repeatedly raped" a fellow teacher in her classroom during school hours "routinely kept female band students after class for 10-20 minute intervals for private sessions of sexual molestation," a former student claims in court.
Jane Doe sued the School Board of Palm Beach County, band teacher Heath Miller, and the school's former principal, in Federal Court.
Miller, 38, is serving 13 years in state prison for his March 2012 conviction on sex charges involving four students, according to the Florida Sun-Sentinel.
Doe, now 18, claims that Miller molested her when she was an eighth-grader at Howell L. Watkins Middle School, when co-defendant Ann Wark was its principal.
Doe claims that though Miller had a "disturbing history," the "School Board simply allowed the mentally and spiritually depraved Miller to continue interacting with children."
The complaint states: "Plaintiff, Jane Doe, was an 8th grade student at Watkins and was enrolled in defendant, Miller's band class and was also a drum major in the school band, which was directed by defendant Miller.
"Miller used his trust, respect, and authority as Watkins' band director in attempting to manipulate Jane Doe, his pupil, into a sexual relationship with him.
"On or about April 10, 2009, defendant Miller asked the plaintiff to stay after class to assist him in cleaning up the band room and organizing the instruments and other band equipment.
"During this encounter, Miller made sexual advances toward the plaintiff that included hugging her, touching her buttocks both above and underneath the plaintiff's clothing and also engaged the plaintiff in an open mouthed, tongue kiss that lasted approximately ten seconds. He also took the plaintiff's hand and placed it on his thigh in the immediate vicinity of his penis in hopes that the plaintiff would touch his penis in a sexually charged manner.
"The plaintiff was fearful and disgusted by Miller's behavior and by this encounter and when it ended Miller gave the plaintiff a pass allowing her to arrive late for her next class.
"This pattern of events occurred approximately five times in the month leading up to April 10, 2009.
"At all times material hereto, Jane Doe was a 14-year-old 8th grader at Watkins."
Doe claims that the School Board and school principal disregarded alarming signs about the band teacher.
"Prior to sexually abusing Jane Doe, Watkins was mismanaged by a plethora of incompetent School Board agents and officials, namely, Miller and Wark," the complaint states. "Wark and the School Board either knew, or should have known, that Miller was abusing students during school hours.
"The School Board, through Wark and other agents and employees, had actual knowledge of Miller's reckless, irresponsible, unwholesome, unhealthy, dangerous, baneful, and deviant sexual behaviors.
"Prior to Miller's sexual abuse of Jane Doe, Miller sexually battered a Watkins Spanish teacher during school hours, in her classroom, on 'a handful of occasions.'
"Prior to Miller's sexual abuse of Jane Doe, Watkins teacher Amber Schmeider twice had consensual on-campus sex with Miller during school hours.
"Watkins teachers openly gossiped about Miller having 'threesomes' with other teachers.
"Miller even used a convicted child molester named Franklin King to help him supervise the Watkins band students.
