Latest update
Representatives from O'Hanlon, Demerath & Castillo, the law firm representing Fagen, submitted the filing in the U.S. 80th District Court in Harris County on April 17.
The filing marks the latest attempt by Fagen to appeal the board’s November decision to terminate her contract. Texas Education Agency Commissioner Mike Morath denied Fagen’s previous appeal in February, noting he was presented with substantial evidence supporting the board’s decision to terminate Fagen’s contract for good cause.
Zooming in
According to the filing, Fagen is seeking a reversal of Morath’s ruling and requesting the district reinstate her to her former position with full salary and benefits, and backpay for lost compensation and benefits resulting from her termination.
Fagen’s legal team said they believed several of Morath’s conclusions were made in error and noted several procedural errors they believed were made during previous appeals, including:
- The exclusion of relevant Title IX investigative materials
- The improper admission of hearsay evidence
- The reliance on testimony and documents not provided to Fagen
“The former superintendent’s latest court filing is the appeal of the appeal of the appeal of the appeal," Parker said in an April 24 emailed statement to Community Impact. “Dr. Fagen’s actions continue to take resources away from public education. It’s disappointing and deeply frustrating."
Requests for comment from Fagen’s legal team have not been returned as of press time.
How we got here
In April 2024, trustees voted to release a report detailing the findings of the Title IX investigation launched against former HISD Athletic Director Troy 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.
As of February, the district had spent more than $1.7 million in legal fees from attorneys at multiple firms related to the investigations.
What’s next
Officials from Fagen's legal team did not respond to inquiries regarding the potential timeline for when their case will be considered.
