Cobble Hill letter to klein - Special Commissioner of Investigation

Hon. J. I. Klein -10- June 26, 2007
conducted “a serious investigation without making or keeping records.” 37
According to the report, George was “unresponsive.”
3 rd “George’s failure to interview Mr. Kaufman, a key member of the 2003 Regents
grading team.” 38 Although Nobile had given Kaufman’s telephone number to
George, he did not place a call to the teacher. According to Scarcella, George
responded: “I do not work for Mr. Nobile. I wasn’t going to spend time tracking
[Kaufman] down.” In the report, Scarcella accused George of “chang[ing] his
story again.” Scarcella concluded: “neither explanation is convincing.”
4 th This involved the fact that George did not give the George letter, which denied
cheating, to Swords who “had suspicions” about the grading. Scarcella concluded
that George’s actions and statements “strongly suggest that he did not want Mr.
Swords’ [sic] dissenting opinion of the Regents grading to be included in the
record of this case.” 39 Scarcella also determined that George’s statement during
the May 5 th interview at Cobble Hill, that he had each member of the marking
committee – except Nobile – read and sign the George letter “was false” because
Swords, Kaufman, and Leardi did not sign the document. 40
5 th Concerned the “extent and integrity” of George’s investigation of the cheating
allegations. 41 Scarcella wrote that, according to four teachers on the grading
committee interviewed by Scarcella, George “did not try very hard or very long to
get to the truth.” Scarcella concluded: “The fact that [George] avoided Mr.
Kaufman, avoided probing or extensive questions for the teachers, and wrote their
statements about the alleged cheating himself (for their signature) indicates he did
not intend to conduct an honest investigation, thereby, jeopardizing the integrity
of said investigation.” 42
37 George asked the teachers about each of the allegations in Nobile’s February 25, 2004, complaint and
recorded their answers in the letters the teachers signed. In his testimony at the George proceeding,
Scarcella acknowledged that he took no notes when he spoke to Nobile on May 5, 2004, at Cobble Hill.
See the transcript at page 801.
38 George’s reasons for not interviewing Kaufman were not inconsistent. Moreover, Scarcella failed to
interview all the teachers involved in the grading, including others who had left the school.
39 In his report, Scarcella failed to mention that Swords said, “I am not a witness.”
40 George did not interview Kaufman during his investigation. George interviewed Leardi, but Leardi was
on a Restoration of Health leave when the George letter was distributed to the teachers. At the time of his
interview with Scarcella, George believed that his secretary had given the George letter to Swords and it
had not been returned.
41 George asked the teachers questions dealing with the allegations made by Nobile. All of them denied the
allegations to George and later to Scarcella during interviews at Cobble Hill.
42 During his testimony at the George proceeding, Scarcella stated that he was “leaning and, quite frankly,
hoping that this case was unsubstantiated….” See transcript at page 812. Scarcella further indicated that,
prior to speaking to Nobile, he was “hoping and wishing” that the investigation had ended with his initial
visit to Cobble Hill. However, Nobile caused him to restart his investigation. See transcript at pages 970
and 971.