Alabama family files suit over 'sex-for-grades' case

Phillip Smith III, a former Alabama teacher, is being sued by an ex-student and her family after he asked for sex in exchange for good grades. Phillip Smith III, a former Alabama teacher, is being sued by an ex-student and her family after he asked for sex in exchange for good grades. Image 1 of / 1 Caption Close Alabama family files suit over 'sex-for-grades' case 1 / 1 Back to Gallery

The family of an Alabama student who reported a teacher for allegedly offering to raise her grade in exchange for sexual behavior has filed a lawsuit against Birmingham City Schools, the Birmingham Board of Education and her former teacher.

The teacher, Phillip Smith III, was arrested in December 2013 for allegedly running a sex-for-grades scheme at a Birmingham high school.

An investigation into his behavior began after the 41-year-old passed a note to a female freshman during a test.

"Since you thing you got it like that, come to my class seventh block, and pull down your pants and let me kiss your ... it said the a-word," the female student told AL.com. Smith offered to change her grade to an A or B.

Then he took the note back, shredded it and threw it away, the report said. The female student panicked and did not return the next day, but she did report Smith's behavior, prompting an investigation. He was ultimately caught sexually abusing another 14-year-old student and charged under Alabama's sodomy and teacher sex laws.

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He accepted a plea deal that allowed him to stay off the sex-offender registry and avoid prison, even though the charges carried possible penalties of 20 years in prison. He was fired after the arrest.

But the family of the student who reported him didn't believe the school had done enough to protect their daughter and filed their lawsuit.

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Smith had a criminal history in the past that the school failed to notice prior to hiring him as a teacher. In 2002, Smith pleaded guilty to misdemeanor domestic violence, and in 2004 he was convicted of dealing guns in a federal case in which he served time.

In 2007, after he got out of prison, he was given his teaching job back.

A Birmingham City Schools spokesman says it doesn't have any records that officials were notified of Smith's federal charges. Birmingham City Schools says he only requested a leave of absence, according to WVTM.

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The State Department of Education told WVTM that it became aware of the domestic violence conviction in 2003, and the firearm conviction in 2008, but both times, he was determined to be suitable for employment.

"Understand that not all convictions make a person unsuitable to work in an educational environment. Convictions for the crimes listed in section 16-23-5(b) of the Code of Alabama (1975) would preclude a person from holding any certification from the Alabama State Department of Education. The crimes listed in the statute include, among others, capital murder, rape, murder, kidnapping, or robbery, and any crime involving endangerment to the health, safety, or welfare of a child that was created on or after March 31, 2010," a representative for the Alabama State Department of Education said.