THE OSI's REPORT

Here is the investigative report by the Chancellor's Office of Special Investigation (OSI), dated March 22, 2006, and withheld from the accused until May 2007. I made a couple of comments at the bottom. In the meantime, click here to meet one of my three accusers : poor children manipulated by unscrupulous adults entrusted with their education.

This report gives you a good idea about the OSI's professionalism and standards. It is hopeless ! Recently , Richard Condon, the Special Commissioner of Investigation, refuted an OSI report after a lengthy counter-investigation ! " Mr. Condon's report also raised serious questions about the Education Department's investigations office."( New York Times 6/27/07.) Theresa Europe, the then director, has been demoted; and Thomas Hyland, the former deputy director who signed this report, was fired.
The investigator wants us to believe that all sixteen students he interviewed used the same phrase "did not recall" ! Not that I am unhappy about it, but I don't find it credible that none of the students used another wording, such as "that's not true". Worse : allegation 04-8383 ("Student A alleged that on December 6, 2004, Mr. Fofana threw a paper at her which caused a cut on her nose" ) morphed into 05-8383 with a different description ( Student A " stated that she was trying to get Mr. Fofana give her a makeup exam"), and reappeared at the conclusion as 04-8383 : allegation "not substantiated". Which allegation ? The nose allegation or the make-up exam allegation ?
It is pure fabrication to attribute to Mr. Fofana the statement "I don't recall student asking for a makeup exam", because the student did ask twice.
Finally, as for item 1 of Background Information -- "two prior allegations substantiated" -- , I can't wait to see the evidence : a letter put in your file by a rogue principal does not make an allegation substantiated.

In the Herbert Brown case (AAA# 13 01312 95, 11/6/95) is instructive. Arbitrator Townley found that the reports of the Office of Appeals and Review are in the nature of an indictment "where an individual is charged based on evidence presented by individuals who are not cross-examined." >> [UFT vs Board of Ed of NYC, case # 13 390 0217 99 , Louis Foy, arbitrator]