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Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -23- June 26, 2007<br />

permissible re-score. Mei added that a third read could also lower a student’s score, but<br />

typically resulted in raising it.<br />

According <strong>to</strong> Mei, in May 2004, Scarcella asked that the <strong>Cobble</strong> <strong>Hill</strong> exams be rescored,<br />

but he later <strong>to</strong>ld her not <strong>to</strong> do so. 77 As best as Mei could recall, Scarcella said that<br />

he had enough evidence and did not need her <strong>to</strong> look at the exams. 78<br />

Theresa Europe, July 2006<br />

Deputy Counsel <strong>to</strong> the Chancellor Theresa Europe, the head <strong>of</strong> the Administrative<br />

Trials Unit <strong>of</strong> OLS and the Direc<strong>to</strong>r <strong>of</strong> OSI during Scarcella’s <strong>Cobble</strong> <strong>Hill</strong> investigation,<br />

was interviewed under oath at the SCI <strong>of</strong>fice. 79 She was asked about the conferral <strong>of</strong><br />

administrative immunity upon certain teachers in the case. 80 Europe explained that, when<br />

the <strong>Cobble</strong> <strong>Hill</strong> investigation started, she was returning from a 6 month maternity leave<br />

and was not involved in the immunity decision. 81 According <strong>to</strong> Europe, only the General<br />

Counsel – whom she named as Chad Vignola – would have the authority <strong>to</strong> extend<br />

immunity from disciplinary action <strong>to</strong> a witness and she confirmed that it was a rare<br />

occurrence. However, she later reported that Vignola had left his position with the DOE<br />

at the end <strong>of</strong> April 2004; Europe also said that she had not discussed the immunity issue<br />

with him. 82<br />

Europe was aware <strong>of</strong> the grant <strong>of</strong> immunity because she had read the drafts <strong>of</strong> the<br />

Scarcella report. She believed she must have discussed the immunity issue with Scarcella<br />

– after the fact – or with her deputy, Thomas Hyland, but had no specific recollection <strong>of</strong><br />

doing so.<br />

Regarding Nobile, Europe said that he “made the <strong>Cobble</strong> <strong>Hill</strong> case a full time<br />

job.” According <strong>to</strong> Europe, although he was a complainant, Nobile considered himself<br />

“part <strong>of</strong> the prosecution team” and “wanted <strong>to</strong> be an integral part <strong>of</strong> this investigation and<br />

he’s made himself as such.” Nobile was in frequent contact with her and with the<br />

77 Scarcella’s report noted that, on May 12, 2004, he contacted Mei <strong>to</strong> request her assistance in re-scoring<br />

the Regents exams.<br />

78 At SCI, Scarcella testified that Mei <strong>to</strong>ld him that she did not have the resources <strong>to</strong> re-score the exams.<br />

However, Mei disputed that claim and asserted that she would have refrained from looking at the exams<br />

only upon the instruction <strong>of</strong> the NYSED or OSI. Officials from the NYSED confirmed that the State did<br />

not order a halt <strong>to</strong> the re-scoring process.<br />

79 In August 2006, Europe was relieved <strong>of</strong> her duties as OSI Direc<strong>to</strong>r.<br />

80 During the SCI investigation, no one from OSI or OLS <strong>of</strong>fered the same explanation <strong>of</strong> how<br />

administrative immunity came <strong>to</strong> be conferred in the <strong>Cobble</strong> <strong>Hill</strong> matter.<br />

81 After her interview at SCI, in an e-mail sent <strong>to</strong> investiga<strong>to</strong>rs later in the day, Europe reported that she<br />

returned from maternity leave on March 15, 2004.<br />

82 Scarcella’s first interviews at the school – when the teachers denied cheating and he first met Nobile –<br />

<strong>to</strong>ok place on May 5, 2004.

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