Conclude Teacher Lied
Find AP Framed In Cheating Complaint

By MEREDITH KOLODNER

The school system's top investigator last week cleared an Assistant Principal and Principal accused in a 2004 cheating scandal that engulfed a Brooklyn school, asserting that the Teacher who brought the charges had lied.

RICHARD J. CONDON: Exonerates AP.

Commissioner of Special Investigations Richard J. Condon issued a scathing 67-page report absolving A.P. Theresa Capra of charges that she ordered Teachers to inflate Regents scores and Principal Lennel George of having covered it up. Mr. Condon said the Department of Education's investigator was not properly supervised and had "acted as an agent" of the accusing Teacher, Philip Nobile, and that there was "no credible evidence" to support the complaint. DOE officials backed the new report, noting that a new investigator had been hired to oversee its Office of Special Investigations.

UFT: Curious Reversal

But United Federation of Teachers President Randi Weingarten said she planned to ask for an independent investigation by an office not connected to the school system. "Something is wrong here," she said in a statement. "An investigation substantiated [Mr. Nobile's] charges and now, years later, another investigation is refuting those charges."

Mr. Condon's report portrays Mr. Nobile, who was on probation at the time, as an incompetent Teacher who went after Ms. Capra for vindictive reasons and out of fear that she would end his career. It details what Mr. Condon says were acts of intimidation by Mr. Nobile against the subsequent Assistant Principal and other Teachers.

The head of the Principals' union praised the new report. "False accusations of misconduct against Principals and Assistant Principals are reprehensible and cannot be tolerated," Council of School Supervisors and Administrators President Ernest Logan stated in an e-mail. "Putting a person's career and reputation on the line just to seek revenge over an unsatisfactory rating is deplorable. School leaders must be protected against retaliation from disgruntled employees."

The report saves most of its fire for Investigator Louis Scarcella, who has since left the department. It asserts that Mr. Scarcella conducted a biased investigation and failed to take into account conflicting reports from other Teachers who reported that no efforts had been made to falsely change the test scores.

"Whether you believe a complainant or not," said Mr. Condon, "that doesn't mean you don't look for independent evidence for the complaint." For example, Mr. Condon said Mr. Scarcella could have rescored the tests, examined the tests where the alleged cheating took place, or questioned more Teachers who took part in the scoring. He added that one piece of information not included in the report was that the school's former chapter leader testified that the scoring process before Ms. Capra was A.P. was no different than after she was employed.

'No Sign of Cheating'

"I'm confident that there was no evidence that there was cheating," said Mr. Condon.

The 23-month investigation was initiated after a confidential source called Mr. Condon's office with new information in July 2005.

Ms. Capra resigned from the Cobble Hill High School of American Studies before the investigation was completed and took a job at a Long Island school, but she was fired after the cheating scandal broke. DOE officials said she could apply for a job within the city system again.

Mr. George, who was removed as Principal, was cleared of the charges in February and is now Principal at the Metropolitan Corporate Academy High School in Brooklyn. Mr. Nobile, who is the school's chapter leader, is being investigated by DOE for "inappropriate actions" unrelated to the cheating scandal. He has been removed from the school and assigned to administrative duties.