Protection order issued against former Dell Rapids teacher

A permanent restraining order has been filed against a former Dell Rapids band teacher accused of sending sexual Facebook messages to an 18-year-old student.

A judge on Tuesday ordered Brian Smith to stay away from the victim, her home, her job and Dell Rapids High School. The 45-year-old man is only allowed to be at Dell Rapids schools to pick up and drop off his son, and to attend his son’s school activities.

Smith was placed on leave Jan. 11 after the student told school officials about the incident.

Smith sent several messages over a two day period in late December, telling the student he wanted to kiss her and asking if she masturbated, according to court documents.

“And if I wasn’t married and much older than you, I would be hitting on you big time,” he said in another text, according to court documents.

Smith resigned from the high school last month.

A judge finalized the terms of the protection order during Tuesday’s hearing.

No criminal charges have been filed in the incident.

Band teacher suspended for lurid messages to student

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