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Case dismissed against ex-teacher accused of sex with exchange student

Nicole Jakubiak accused of having sex with live-in 18-year-old student

HOUSTON – Charges have been dropped against a former Cypress-Fairbanks Independent School District elementary school teacher who was accused of having a sexual relationship with a foreign exchange student that was living in her home, authorities said.

The case was dismissed on Jan. 31, 2017. Nicole Allyson Jakubiak was originally charged with improper relationship with a student.

The dismissal order states the case "cannot move forward without the complainant. He and his family do not wish to proceed."

Earlier story

A former Cypress-Fairbanks Independent School District teacher accused of having sex with a foreign exchange student was in court Tuesday morning, but her appearance ended shortly after it began.

A judge reset the court date for Nicole Jakubiak, who is charged with having an improper relationship with a student.

Jakubiak, 36, is accused of having sex multiple times with an 18-year-old Cypress Ranch High School student from Sweden.

Officers had to explain to her that the relationship was illegal because the teen attended the same district in which she taught at Robison Elementary School.

Jakubiak appeared in court last month. She covered her head with a towel. 

Investigators believe that the teacher-student relationship started in March and ended in May. According to officers, Robison Elementary principal Kelly Gerletti said two first-grade teachers reported knowing about the relationship between Jakubiak and the teen. One of the teachers said Jakubiak admitted to cheating on her husband and having sex with the exchange student, according to court papers. The teacher asked Jakubiak how the two met.“Well, it’s not that hard when they live with you,"  Jakubiak replied, according to court documents.

The teacher told investigators that Jakubiak detailed the sexual encounters and said they happened several times a night at “2 and 3 in the morning” while her husband was sleeping, the documents said. Jaukubiak confided in the teacher that she and the student almost got caught at least twice -- once when they were having sex in the study and had to hurry to get dressed, and another time when Jakubiak’s husband was out of town. According to the court papers, the two were having sex in Jakubiak’s bed when her in-laws made an unexpected visit. While the parents were occupied, she sneaked the teen out of the room and had him walk around the neighborhood until her in-laws left, the document said.

The teacher reported to police that Jakubiak claimed that the student called and texted her throughout the day to tell her he loved and missed her.  She also reported that on one occasion, Jakubiak took a half-day off work to take the student to Top Golf. Jakubiak rushed a team meeting on May 18 so she could spend time with the boy, the teacher reported. She also said that on the same day, Jakubiak texted her to apologize for being rude and told her that she had ended the relationship, court documents said.

The other first-grade teacher reported a similar story. She said Jakubiak admitted to her that she was having a relationship with the exchange student and told her about almost being caught, according to court documents.

The teacher claimed that she saw pictures in Jakubiak’s phone of the student in his boxer shorts. 

When officers spoke to the 18-year-old student, he admitted to having sex with Jakubiak and said the relationship was born out of a mutual attraction that led only to oral sex at first, the documents said. 

The student told officers that the two had sex 20 to 30 times over 1 to 2 months. Their encounters took place in the master bedroom, his bedroom and the playroom, court documents said. 

He said Jakubiak had been sleeping on the couch as a result of marital issues, according to court papers.

The teen told investigators about the time he hid in the closet after Jakubiak's in-laws almost caught them. He said he waited for an opening, went out the back door, and ran through a neighbor’s yard, according to documents.

When officers spoke with Jakubiak, she also admitted to the relationship but said she didn’t realize it was illegal since the student was 18, court documents said. 

Jakubiak told police that the teen took advantage of the situation and that he initiated the relationship. She admitted to investigators that she engaged in the sexual relationship, but didn’t want to be seen as some kind of predator, according to the court documents.

Officers found semi-nude photos of Jakubiak in the student’s phone and text messages indicating a romantic relationship, as well as messages between the two planning for late-night rendezvous, court papers said.

The district issued a statement Saturday to KPRC 2 News that read: "We were outraged to learn of the serious allegations brought against a former teacher. Once we learned of the allegations, she was immediately removed from the campus, and we have been cooperating fully with law enforcement throughout their investigation. Violation of student trust will not be tolerated. Anyone engaging in inappropriate behavior will be dealt with swiftly and to the fullest extent of the law."