Former Humble ISD Superintendent Elizabeth Fagen files lawsuit t

Former Humble ISD Superintendent Elizabeth Fagen files lawsuit to get reinstated
Former Humble ISD Superintendent Elizabeth Fagen has filed a lawsuit alleging that members of the Board of Trustees and Texas Education Agency Commissioner Mike Morath didn't afford her due process leading up to her termination last year. "The commissioner's conclusions of law are erroneous and not supported by substantial evidence as the allegations and record do not support a finding of 'good cause' as defined under Texas law or Dr. Fagen's contract," the April 17 lawsuit reads. "(Humble ISD) failed to meet the high burden of proving that petitioner's conduct was inconsistent with the continued employment relationship."The board initially voted to propose the termination of Fagen's contract on July 23. However, Fagen filed an appeal to the near-unanimous decision. Karen Egbuna, hearing examiner, ultimately sided with multiple witnesses who testified that Fagen did not perform her duties related to handling Title IX complaints against her husband and former athletic director, Troy Kite. MAKING AN APPEAL: TEAcommissioner denies former Humble ISD leader Elizabeth Fagen's termination appealThe legal process involving the school district cost more than $2 million in legal fees from attorneys who the board of trustees asked to take over the Title IX process, which led to Kite resigning after they found he had allowed a "locker room culture" to persist in the district's athletic department. Following the independent hearing examiner's review of the case, the board voted to terminate Fagen's contract on Nov. 26. "In the recommended decision, the independent hearing examiner recommended that good cause existed to terminate the employment contract of Dr. Fagen," court documents read. MOVING ON: Superintendent Elizabeth Fagen terminated by Humble ISD board, will appeal to TEA commissioner Fagen, who served in her role for eight years, appealed the Board of Trustees' decision to the TEA. In February, Morath denied the appeal and upheld the board's decision.But Fagen's legal team insists that Morath's decision relied heavily on the hearing examiner's recommendation, which they said had "multiple procedural errors." Her attorneys listed "exclusion of Title IX investigation material in discovery," "improper admission of hearsay," "reliance on testimony and documents not provided to petitioner," "unsubstantiated conclusions," and several findings that "lack evidentiary support in the record."As a result, Fagen has asked that the courts "issue a final judgment reversing the decision of the commissioner" and she is asking for her full salary, benefits and backpay for her lost compensation and benefits due to the board's decision.Humble ISD School Board President Chris Parker bemoaned the ongoing legal action."The former superintendent's latest court filing is the appeal of the appeal of the appeal of the appeal," he said. "Dr. Fagen's actions continue to take resources away from public education. It's disappointing and deeply frustrating." Fagen earned a $348,919 salary and a $42,000 living stipend in 2023-2024.
Staff writer Elizabeth Sander contributed to this report.www.houstonchronicle .com/news/houston-te xas/education/articl e/former-humble