Al Ortiz
Former Humble ISD superintendent Elizabeth Fagen, fired last year as part of the fallout from a Title IX investigation into her husband, has filed a lawsuit against the Houston-area school district and Texas Education Commissioner Mike Morath, arguing for her reinstatement.
According to the lawsuit, filed earlier this month in Harris County, Fagen’s lawyers claim the Humble ISD board of trustees and Texas Education Agency did not have “good cause” to terminate her employment and that she did not violate any of the district’s policies. Fagen is requesting that she be reinstated “with full salary and benefits and backpay for her lost compensation and benefits,” according to court documents.
Fagen, who served as Humble ISD’s superintendent from 2016 to 2024, was initially terminated from her position in July 2024 following a 4-3 vote by board members for the district. Fagen appealed the firing, but the board ultimately upheld her termination in a 6-1 vote in November 2024 following a review by an independent hearing examiner.
In May 2024, Fagen was placed on paid administrative leave after her husband, Troy Kite, retired from his position as the district’s athletic director following a Title IX investigation into him for allegedly making sexually charged comments to other staffers. Kite stepped down as the school board considered whether or not to fire him.
According to court documents, Fagen disclosed her romantic relationship with Kite to the board of trustees in May 2022 — approximately one year before an assistant athletic director filed the Title IX complaint against him. Fagen recused herself from the Title IX investigation into Kite, leading the district to hire an outside law firm to conduct the investigation.
Following the board of trustees’ vote to uphold her termination, Fagen appealed the decision to Morath, according to court documents.
On Feb. 4 of this year, Morath denied her appeal and upheld the termination of her contract. According to court documents, Morath used the majority of findings from the independent hearing examiner as evidence in denying her appeal.
According to the lawsuit, the hearing examiner’s evidence and recommendation were “compromised by multiple procedural errors.” The lawsuit claims the procedural errors included exclusion of relevant Title IX investigative material in discovery, improper admission of hearsay and more.
“The commissioner’s conclusions of law are erroneous and not supported by substantial evidence as (Humble ISD) failed to provide (the) petitioner with any written notice of unsatisfactory performance or opportunity to remediate as required by … her employment contract,” the lawsuit states.
At the time of publication Monday, neither Humble ISD nor Morath had filed a response to the lawsuit in court.
The Texas Education Agency, which Morath oversees, did not immediately respond to a request for comment Monday.
In a statement to Houston Public Media, Humble ISD Board President Chris Parker called the lawsuit an “appeal of the appeal of the appeal of the appeal,” adding that “it’s disappointing and deeply frustrating.”
Humble ISD appointed Roger Brown as its new superintendent in January of this year. Brown is facing backlash of his own from district staff and the Houston chapter of the NAACP after saying to wanted to “lynch the mayor” during a staff meeting, with the school board saying earlier this month that it was investigating the matter.