A Dayton High School teacher accused of having sex with a student has been fired.
Nicole Howell, 25, has been on an unpaid suspension, and was scheduled to return February 3.
Superintendent Gary Rye says he could not extend the suspension and detectives advised him not to allow her near students. Rye says he did not have any positions that don't come in contact with students so he fired Howell.
Rye says the firing is allowed under the Kentucky teachers contract for conduct unbecoming of a teacher.
A judge found during a hearing Tuesday the case could go forward against Howell.
Court records state that a 16-year-old boy told police Howell invited him to her Covington apartment after a football game.
The attorney for the teacher however says the allegations are not true.
In the fall of 2008, Howell had just started teaching English at Dayton High School.
More than a month into her new job, allegations surfaced she was having a relationship with a male student who wasn't in any of her classes.
The student at first denied the allegation but two days later came forward to the principal.
"The student came in and spoke to the high school principal and indicated there indeed had been conduct and contact between the two of them," said Gary Rye, Dayton Schools Superintendent.
Court records go on to say the teen "stated that he has been to the defendant's residence and has had similar sexual encounters with her on four to five different occasions."
During an interview with police, court documents say Howell "admitted that she had several phone conversations as well as conversations via text messaging which occurred after school hours and on the weekend."
"My client has acknowledged to myself and the police that she exercised poor judgment here in terms of conversations but poor judgment does not constitute a crime," said Patrick Moves, Nicole Howell's Attorney.
