Humble ISD Trustee Robert Scarfo did not sexually harass or discriminate against the husband of outgoing district superintendent Elizabeth Fagen, an independent investigator concluded this month following a highly anticipated probe.

Reports obtained by the Houston Landing show Giana Ortiz, an outside lawyer responsible for deciding whether Scarfo violated federal or district rules, concluded that Scarfo was not responsible for any misconduct. Former Humble athletics director Troy Kite, who’s married to Fagen, alleged earlier this year that Scarfo had inappropriately touched him, made “sexually charged” comments and retaliated against him. 

Kite retired from Humble in April after investigators hired by the board recommended his termination, finding the former athletics director created a hostile workplace and sexually harassed his co-workers. Humble board members narrowly voted last week to fire Fagen due to leadership practices some trustees described as dysfunctional and “broken.”

Investigators interviewed nearly 20 witnesses, including district trustees and top administrators, as part of the probe into Scarfo. None of the witnesses considered Scarfo’s actions inherently sexual or inappropriate, though a few witnesses described certain behaviors as “weird” or “a little awkward.” 

“A preponderance of evidence does not support a conclusion that a reasonable person would find the incidents to be severe, pervasive, and objectively offensive — even if (Kite) subjectively considered the conduct to be unwelcome,” Ortiz, an Arlington-based lawyer, wrote in her report.

Lawyers for Scarfo and Kite did not immediately respond Wednesday to requests for comment from the Landing.

The findings represent the latest development in a tumultuous spring and summer for the northeast Harris County district, which enrolls about 47,000 students. Trustees have not said when they will begin to look for a new superintendent, though the process could take months. 

It is not immediately clear whether Kite formally disputed the investigation clearing Scarfo. He had five days to file for an appeal after receiving the investigators’ report, dated July 17.

No clear evidence

Kite filed a retaliation lawsuit in June against Humble ISD, Scarfo and three district trustees, outlining his allegations against Scarfo. At the time, Fagen was on paid administrative leave following a split board vote on sidelining her.

In his lawsuit, Kite said Scarfo touched him inappropriately on several occasions. Kite described Scarfo rubbing his hands up and down Kite’s chest, unzipping Kite’s jacket and leaning his chest against Kite. The former athletics director also said Scarfo invited Kite to see his home gardens, which Kite interpreted as an inappropriate solicitation.

Kite also alleged that district leaders illegally orchestrated his ouster from the district.

While Kite’s lawsuit remains pending, the district launched its own investigation into Scarfo.

According to Ortiz, witnesses largely deemed Scarfo’s behavior less egregious than Kite alleged. Several witnesses said Scarfo’s actions weren’t overtly sexual in context. 

In one instance, a former Humble trustee said she saw Scarfo touch the shoulder of Kite’s jacket and adjust the zipper. But the trustee said Kite did not appear uncomfortable, and the two men were considering whether to purchase a new model of outerwear for the district, according to the report. 

In another instance, witnesses described Scarfo’s leaning toward Kite as a reasonable behavior during a banquet.

“It was a loud event, and people … were leaning over others, craning to speak to and hear one another,” Ortiz wrote. “(Scarfo) putting an arm around the neighboring (empty) chair or leaning over to speak with another guest at the event … is a predictable and reasonable scenario when sitting at a banquet table with a group.”

Investigators also did not find evidence proving Scarfo discriminated against Kite based on his sex, or that Scarfo threatened or retaliated against Kite, Ortiz wrote.

While Scarfo had a board vote over contracts for administrators, including Kite, Scarfo never voted to terminate Kite’s contract or place him on leave. Ortiz noted that Scarfo is one of seven board members who vote on contracts. She added that a district administrator and one of its lawyers decided whether to place Kite on leave while investigating the hostile workplace allegations against him.

A foggy firing

Scarfo and three other trustees voted last week to fire Fagen, offering scant details about the reasoning behind their decision. 

Trustee Ken Kirchhofer implied he supported firing Fagen because she didn’t act when she became aware of inappropriate behavior. Trustee Michael Grabowski said there was “overwhelming evidence” supporting Fagen’s termination, though he declined to provide more specifics.

Three board members opposed Fagen’s firing, with Trustee Martina Lemond-Dixon and Marques Holmes arguing they didn’t have valid grounds for terminating the superintendent. Fagen has not commented on her firing or Kite’s lawsuit.

Staff writer Miranda Dunlap and team leader Jacob Carpenter contributed to this report.

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