CHICAGO (STMW) – A west suburban high school band teacher allegedly told a teenage girl ‘I wanna hit it’ and made sexually suggestive gestures while she was a student in his class, a lawsuit filed Thursday claims.

Tammy Miller, the mother of the underage girl, claims that Lacy J. Haith was a band course teacher and an assistant band director at Proviso West High School in Hillside when her child was enrolled in his class in 2009, according to a lawsuit filed in Cook County Circuit Court.

Haith would meet the girl and other students socially at the Hillside Bowl and also drove the students to their homes in his personal car, according to the suit.

The suit claims that on at least one occasion, Haith rubbed the girl’s leg and touched her arms in an attempt to console her when she broke up with her boyfriend in 2009.

In May 2009, Haith asked to see the girl’s mobile phone and while playing with it, observed a topless photo of the girl, according to the suit. During the spring and summer of 2009, he made repeated sexual overtures to her.

The suit claims that while the girl was attending band camp at school on June 19, 2009, Haith poked one of her breasts and told her “your breasts have developed since your freshman year.”

The girl went to the band room during her lunch period Oct. 20, 2009, where Haith asked to see her mobile phone and saw a picture of the girl dancing and then told her, “I wanna hit,” according to the suit.

The suit claims Haith told the school’s band director, Samuel Atcher on Oct. 21, 2009 that he told the girl that “I’d hit it,” while he was watching a video of the girl on her phone. During this time, the girl also told the school’s principal and vice-principal about Haith’s sexual contact and comments.

Miller filed a misdemeanor complaint Oct. 30, 2009 with Hillside Police, according to the suit. Haith pleaded guilty Jan. 19, 2010 to battery and disorderly conduct. He was sentenced to 12 months of reporting, 100 hours of community service and ordered to avoid contact with the girl, according to the suit.

The suit claims that Miller received a call Nov. 18, 2009 from the school district to set up a meeting regarding the school’s investigation of Haith. She met with representatives from Proviso Township District 209, Proviso West and the Proviso Township High Schools Board of Education on Nov. 24, 2009.

After the meeting, the school district, high school nor the board of education ever reported Haith’s actions to the Illinois Department of Children and Family Services for an independent investigation, according to the suit.

The four-count suit claims negligence and battery and seeks more than $200,000 in damages, courts costs, and attorney fees.

A spokesperson for Proviso Township District 209 was not available for comment Thursday evening.

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