The overview
The hearing—which was conducted virtually on Oct. 31, Nov. 1 and Nov. 6 by an independent hearing examiner appointed by the Texas Education Agency—represented the first time Fagen has publicly addressed the board’s decision to propose the termination of her contact in July.
Throughout the hearing, lawyers representing the district argued Fagen’s relationship with her husband and former HISD Athletic Director Troy Kite had negatively affected the district’s ability to fairly respond to a Title IX complaint filed against Kite in 2023.
The district’s legal team also argued the relationship led to more than $1.3 million in legal fees spent litigating several Title IX complaints stemming from the original complaint against Kite.
Meanwhile, attorneys for Fagen argued she was a nonfactor in the Title IX proceedings as well as the district’s decision to obtain outside counsel to investigate the Title IX cases because she had recused herself from all proceedings related to the Title IX complaint in May 2023.
How we got here
The hearing for Fagen's appeal of the proposed termination of her contract is coming on the heels of several tumultuous months.
In April, trustees voted to release a report detailing the findings of the Title IX investigation launched against Kite.
Fagen married Kite in 2023 after disclosing their relationship to the board in March 2022, district officials said. Fagen said she recused herself from the Title IX investigation in May 2023.
In May, trustees voted 4-3 in favor of placing Fagen on paid administrative leave before voting 4-3 to propose the termination of her contract with the district in July. Board members cited “a failure to maintain a relationship with the board” as the reason for Fagen’s proposed firing.
The discussion
Among the chief arguments presented by the district’s legal team included the notion that Fagen and Kite’s relationship was improper and became disruptive to the district.
Craig Wood, an attorney with law firm Walsh Gallegos who represented the district, pointed to HISD board policy as the basis for his argument against Fagen and Kite’s relationship.
According to the policy, district employees are not permitted to work with each other if the relationship meets both of the following criteria:
- The employees meet the definition of an employment relationship—which includes, among others, husband and wife
- The employees are considered to be in a conflict-of-interest relationship—which includes, among others, relationships where one employee either directly or indirectly supervises the other employee
Kevin O’Hanlon, an attorney with law firm O’Hanlon, Demerath & Castillo who represented Fagen, disputed whether Fagen and Kite’s relationship met the definition of a relationship laid out in the board’s policy, noting Fagen and Kite didn’t get married until after Kite had been placed on administrative leave due to the Title IX complaint.
Additionally, O’Hanlon said Fagen and Kite did not meet the definition of a conflict-of-interest relationship because Fagen delegated the supervision of Kite to then Deputy Superintendent Roger Brown after she disclosed the relationship to the board in March 2022.
“It is a misreading of [HISD board policy] that is at the core of this case,” O’Hanlon said. “[Fagen and Kite] told the board of trustees that they were dating on March 26, 2022. ... The board was supportive and happy for them, and [both Fagen and Kite] received contract extensions after they informed the board of that relationship.”
Wood pointed to the Title IX complaint against Kite as an example in which their relationship disrupted normal proceedings, arguing the board has spent at least $1.3 million in legal fees to hire an outside legal firm to investigate the matter to avoid the perception that Fagen might influence the investigation.
O’Hanlon pushed back against the claim, noting Fagen recused herself from all matters and discussions related to the Title IX complaint in May 2023. O’Hanlon said Fagen had provided no input and had no impact on the board’s decision to hire an outside legal firm to handle the complaint.
What else?
The notion that Fagen had lost the trust of some of the board members was another chief argument included in Wood’s case against Fagen.
Throughout the hearing, Wood presented instances in which he contended Fagen hadn’t been forthright about when the relationship began.
While Fagen testified during the hearing that she had no romantic relationship with Kite until March 2022, former HISD trustee Lori Twomey claimed she’d witnessed Kite dropping Fagen’s children off at swim practice at 5:30 a.m. in 2019.
Additionally, two former athletic department employees testified that Fagen would visit Kite’s office multiple times a week, sometimes for hours at a time, prior to the start of their relationship in 2022.
What trustees are saying
Additionally, several trustees testified they believed Fagen was aware of a separate Title IX complaint filed against the district by Kite before the complaint was filed in May.
Fagen had previously testified she had no knowledge of Kite’s intention of filing his own complaint against the district. She maintained both she and Kite had been advised against discussing anything related to the Title IX complaint by their respective legal teams.
Trustee Robert Scarfo, who had been personally named in Kite’s complaint against the district, said he didn’t believe Fagen’s assertion that she had nothing to do with Kite’s complaint against the district.
Similarly, board President Chris Parker said she found it hard to believe Fagen and Kite had never discussed Kite’s intention to file a complaint against the district.
“It is highly unlikely to me, in my opinion, that someone and their husband would not have a conversation if their husband was going to file a complaint against their work,” Parker said.
Neither Parker nor Scarfo provided any direct knowledge or evidence indicating Fagen was aware of Kite’s intention to file the complaint.
Trustee Ken Kirchhofer testified he believed Fagen should have recommended board action against Kite after the details of his Title IX investigation were brought to light in the summer of 2023.
“If it was any other employee, they would have been fired, and we would have moved on,” Kirchhofer said. “That didn't happen.”
However, O’Hanlon pointed out that Kirchhofer himself had sent an email to Fagen in March 2024 asking her to remove herself from all decision-making regarding Kite.
“You would agree with me, would you not, that [Fagen recommending board action against Kite] would be affecting the process?” O’Hanlon asked.
Kirchhofer agreed.
“I agree with you, but I would have accepted it, because we would have saved [$1.3 million],” Kirchhofer said.
What’s next
Karen Egbuna, the hearing officer appointed to oversee Fagen’s appeal, said she will release her recommendation by Nov. 22.
Following the release of the recommendation, HISD board members will consider the recommendation and take a final vote on whether to move forward with the termination of Fagen’s contract.
