The details
In a Feb. 4 decision, Morath said he was presented with substantial evidence supporting the board’s decision to terminate Fagen’s contract for good cause, noting Fagen’s relationship with former HISD Athletic Director Troy Kite had been disruptive to the district.
Fagen’s appeal to Morath represented her final option to appeal her termination through the TEA.
While Fagen has the option to appeal Morath’s decision to a district court, representatives from O'Hanlon, Demerath & Castillo—the legal firm representing Fagen—have not confirmed whether Fagen intends to pursue that option as of press time.
How we got here
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.
Trustees initially voted to propose the termination of Fagen’s contract in July. Fagen appealed the board’s decision to the TEA, which resulted in a three-day hearing spanning more than 30 hours over Oct. 31, Nov. 1 and Nov. 6.
In a Nov. 25 report detailing the findings of the hearing, independent hearing examiner Karen Egbuna sided with the district and recommended that trustees terminate Fagen’s contract. Trustees voted to officially terminate Fagen’s contract at their Nov. 26 meeting.
Fagen appealed the board’s decision directly to Morath in late December.
A closer look
Throughout the appeal process, lawyers representing the district have argued Fagen’s relationship with Kite was improper and became disruptive to the district.
While Morath ruled Fagen and Kite’s relationship was not improper because their marriage began after Kite had been placed on paid leave in early 2023, he affirmed the district’s argument that the relationship had become disruptive.
“As the district’s chief executive officer, [Fagen] had a responsibility to ensure that her relationship did not disrupt the district,” Morath wrote in his ruling.
Morath cited several occurrences in which he said their relationship had caused strain throughout the district, including an instance in which Kite intentionally broke a keyboard in his office while Fagen was present.
Morath said Fagen’s failure to reprimand Kite over the incident caused some employees to believe any accusations leveled against him would not be handled properly.
“The evidence shows that [Fagen’s] relationship created a chilling effect on district employees, who consequently did not raise complaints about Kite, believing that it would be futile and risked retaliation, as [Fagen] oversaw all district employees,” Morath said in his decision.
Additionally, Morath cited Fagen’s relationship with Kite as the reason trustees felt the need to hire outside legal counsel to investigate the initial Title IX complaint.
According to financial documents, the district has spent roughly $1.7 million in legal fees related to the Title IX investigation and Fagen’s appeal.
What’s next
It remains unclear whether Fagen will appeal Morath’s decision to a district court. If she moves forward, Fagen will be required to file her appeal by March 6.
