Charges dropped against ex Cy-Fair ISD teacher accused of sex with live-in exchange student

HARRIS COUNTY, Texas – 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. 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."

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According to court documents, Nicole Allyson Jakubiak, 36, had sexual intercourse with an 18-year-old Cypress-Ranch High School foreign exchange student from Sweden while she was a teacher at Robison Elementary.

Investigators believe 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 documents go on to say that the teacher asked Jakubiak how the two met. Jakubiak replied, “Well, it’s not that hard when they live with you.”

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.  Jukubiak confided in the teacher that she and the student almost got caught on at least two occasions-- 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 her parents were occupied, she snuck the teen out of the room and had him walk around the neighborhood until her in-laws left, the document said.

"We're surprised that anything like this is even occurring. But you don't know what happens," neighbor Ruth Mohyla said. "It's a shame that it happened. It's a shame that it happened in the house. Perhaps they could have gone somwhere else. It didn't happen on school property."

VIDEO: Ex-Cy-Fair teacher leaves court

The teacher reported to police that Jakubiak claimed the student would call and text 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.” On May 18, Jakubiak rushed a team meeting 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 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 exchange student as well, and told her about almost being caught, according to court documents.

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

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 to only oral sex at first, the documents said. 

The student told officers the two had sex 20 to 30 times over the course of 1 to 2 months. Their exchanges would take 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 the court papers.

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

READ: Channel 2 Investigates teacher-student inappropriate relationships

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. Officers explained to her that the relationship was illegal because the 18-year-old is a student in the same school district.

Jakiubiak 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.

Upon further investigation, 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." 

Jakubiak is facing a felony charge of improper relationship with a student.

She expected in court Monday at 9 a.m.

Bail has been set at $20,000.