Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -66- June 26, 2007 Cheating If the cheating at Cobble Hill was massive and widespread, then the teachers who denied that it occurred would have been the most vulnerable. Yet all of the teachers who appeared at SCI without representation and testified under oath without immunity denied that they cheated or that Capra said or did anything wrong. Colon, a teacher who received administrative immunity from Scarcella and then admitted to wrongly changing scores, would not appear at SCI without being granted a continuation of the administrative immunity. Every official accused of wrongdoing by Scarcella and Nobile who appeared at SCI did so without representation and testified under oath and without immunity. This included Capra, but not George, whom SCI did not attempt to interview. Through his attorney, Philip Nobile declined to be interviewed by SCI. There was no credible evidence in the OSI investigative case file to conclude that grade inflation by exam scorers occurred at Cobble Hill in 2002 and 2003. There was no credible evidence in the OSI investigative case file to conclude that Theresa Capra directed teachers to manipulate Regents scores. None of the witnesses, whether interviewed at OSI or in testimony at SCI or the George proceeding, said that they saw Capra cheat or heard her direct anyone else to cheat. Colon attempted to assert that she did; but in the end, he admitted that he changed scores of his own accord. A Cover-Up We agree with the hearing officer that Lennel George did not engage in a coverup. He conducted an investigation at the direction of his supervisor. When Scarcella began his investigation, George provided the names of the witnesses who signed the George letter, as well as others – including Kaufman, Leardi, Swords, and Nobile. Pelles was not involved in a cover-up. 231 Nobile’s complaint. She directed George to investigate Lyles did not know about the cheating allegation until the Leardi letter which spawned the OSI investigation. She was not involved in a cover-up. Farina had been promoted and was not informed of the allegations about Cobble Hill. She was not involved in a cover-up. 231 Pelles received a letter to her file, dated July 6, 2005, which informed her that she “did not adequately advise the principal, Lennel George … to follow established DOE policy and report the allegations to OSCI and/or OSI.”
Hon. J. I. Klein -67- June 26, 2007 The Outcome While presiding over George’s day in court, the hearing officer gave Nobile his day in court as well. 232 After listening to all the witnesses testify under oath and reviewing the documentary evidence, the hearing officer cleared George of Nobile’s allegations. George returned to his position as a principal – at a school other than Cobble Hill. Capra remains on the DOE ineligible inquiry list and unemployed. Nobile attained tenure and remains assigned to Cobble Hill. 233 We refer our findings for your information and appropriate action. We are also forwarding our findings to the State Education Department for whatever action it deems appropriate. Should you have any inquiries regarding the above, please contact Special Counsel Eileen C. Daly, the attorney assigned to the case. She can be reached at (212) 510-1407. Please notify Ms. Daly within 30 days of receipt of this letter of what, if any, action has been taken or is contemplated regarding this report. Thank you for your attention to this matter. Sincerely, _________________________ RICHARD J. CONDON Special Commissioner of Investigation for the New York City School District RJC:RAL:ECD:gm c: Michael Best, Esq. 232 Nobile declined the opportunity to be interviewed by SCI for this investigation. 233 We have been informed by the DOE that Nobile has been reassigned as a result of an unrelated investigation.
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Cobble Hill letter to klein - Special Commissioner of Investigation

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