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Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -66- June 26, 2007<br />

Cheating<br />

If the cheating at <strong>Cobble</strong> <strong>Hill</strong> was massive and widespread, then the teachers who<br />

denied that it occurred would have been the most vulnerable. Yet all <strong>of</strong> the teachers who<br />

appeared at SCI without representation and testified under oath without immunity denied<br />

that they cheated or that Capra said or did anything wrong.<br />

Colon, a teacher who received administrative immunity from Scarcella and then<br />

admitted <strong>to</strong> wrongly changing scores, would not appear at SCI without being granted a<br />

continuation <strong>of</strong> the administrative immunity.<br />

Every <strong>of</strong>ficial accused <strong>of</strong> wrongdoing by Scarcella and Nobile who appeared at<br />

SCI did so without representation and testified under oath and without immunity. This<br />

included Capra, but not George, whom SCI did not attempt <strong>to</strong> interview.<br />

Through his at<strong>to</strong>rney, Philip Nobile declined <strong>to</strong> be interviewed by SCI.<br />

There was no credible evidence in the OSI investigative case file <strong>to</strong> conclude that<br />

grade inflation by exam scorers occurred at <strong>Cobble</strong> <strong>Hill</strong> in 2002 and 2003. There was no<br />

credible evidence in the OSI investigative case file <strong>to</strong> conclude that Theresa Capra<br />

directed teachers <strong>to</strong> manipulate Regents scores. None <strong>of</strong> the witnesses, whether<br />

interviewed at OSI or in testimony at SCI or the George proceeding, said that they saw<br />

Capra cheat or heard her direct anyone else <strong>to</strong> cheat. Colon attempted <strong>to</strong> assert that she<br />

did; but in the end, he admitted that he changed scores <strong>of</strong> his own accord.<br />

A Cover-Up<br />

We agree with the hearing <strong>of</strong>ficer that Lennel George did not engage in a coverup.<br />

He conducted an investigation at the direction <strong>of</strong> his supervisor. When Scarcella<br />

began his investigation, George provided the names <strong>of</strong> the witnesses who signed the<br />

George <strong>letter</strong>, as well as others – including Kaufman, Leardi, Swords, and Nobile.<br />

Pelles was not involved in a cover-up. 231<br />

Nobile’s complaint.<br />

She directed George <strong>to</strong> investigate<br />

Lyles did not know about the cheating allegation until the Leardi <strong>letter</strong> which<br />

spawned the OSI investigation. She was not involved in a cover-up.<br />

Farina had been promoted and was not informed <strong>of</strong> the allegations about <strong>Cobble</strong><br />

<strong>Hill</strong>. She was not involved in a cover-up.<br />

231 Pelles received a <strong>letter</strong> <strong>to</strong> her file, dated July 6, 2005, which informed her that she “did not adequately<br />

advise the principal, Lennel George … <strong>to</strong> follow established DOE policy and report the allegations <strong>to</strong> OSCI<br />

and/or OSI.”

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