DOE Investigative Office Finding Challenged in Court

Allegations are made to the NYC Special Commissioner of Investigation (SCI), or to the DOE’s internal Office of Special Investigations (OSI), but are their findings final and set in stone?

We already know, through several cases, that SCI has actually reinvestigated and overturned OSI findings of misconduct. However, can someone challenge these investigation findings in court? We are about to find out as I recently filed one against OSI. 

For those who do not know, you can file an Article 78 in Supreme Court.

Brief explanation of an article 78:

There are four instances where an article 78 proceeding is proper: to review of a decision of a state body or officer that was based on insufficient evidence; to review of a decision of a state body or officer that was obviously incorrect or unreasonable, or based on an error of law; to compel a state body or officer to act; and, to prohibit a state body or officer from acting beyond its authority. In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination. Please see below for a detailed discussion on article 78 proceedings, as well as examples of the types of cases that fall under article 78.

About a year ago I was interviewed by OSI about a evidence that was posted online that showed former DeWitt Clinton High School Principal Santiago Taveras illegally changed many students’ grades and attendance records in order to push them through graduation.

I was apparently found guilty of that, so I filed a suit to have a judge take a look.

Instead of going through my whole theory and sharing background, I will just share the entire Article 78 Verified Petition and Exhibits here:

Click here for suit

Attorney Liliya Perelman, Esq., who is defending the city here, asked for an extension to respond. I agreed and mentioned that I was willing to withdraw the suit if they reversed their findings. I have not heard back yet, so here I post how I am attempting to overturn inaccurate investigation findings.

Imagine if I am successful. Perhaps others can follow suit. Why stop at OSI and SCI investigations? Administrators allegedly find misconduct in countless school based investigations. What if members filed Article 78 suits for those as well?

 [UPDATE] The City responded today, September 27, 2017

Doc # Document Type Additional Doc Info Special Instructions Filed Date
Motion #: 001
&nbsp 09/27/2017
16 EXHIBIT(S) Service History of Petitioner 
Exhibit #: 1 
Motion #: 001
&nbsp 09/27/2017
17 EXHIBIT(S) OSI Report 
Exhibit #: 2 
Motion #: 001
&nbsp 09/27/2017
18 EXHIBIT(S) Summons to Disciplinary Conference 
Exhibit #: 3 
Motion #: 001
&nbsp 09/27/2017
19 EXHIBIT(S) April 4, 2017 Letter 
Exhibit #: 4 
Motion #: 001
&nbsp 09/27/2017
20 EXHIBIT(S) April 19, 2017 Letter 
Exhibit #: 5 
Motion #: 001
&nbsp 09/27/2017
21 EXHIBIT(S) Chancellor’s Regulation A-820 
Exhibit #: 6 
Motion #: 001
&nbsp 09/27/2017
22 MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Respondents’ Verified Answer 
Motion #: 001
&nbsp 09/27/2017


About Francesco Portelos

Parent and Educator fighting for the student and the teacher.
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  1. Wow, I just got through page eleven. This stuff reads like a crime novel. You are so brave to pursue this and try to clear your name. May justice prevail.

  2. Yes, FRancesco, never let them go. Do they know that Taveras was fired based on that accusation (that he changed students’ grades)?

  3. Francesco, most people don’t understand what is really going on and don’t understand you are a hero. I called for help both OSI and SCI as well as other agencis, but nobody ffound aanything wrong although it was so clear I was persecuted. Taveras CUT my pay for the 2 hours I was called to the DOE EOE . So the DOE called me there to be interviewed, and the principal cut my pay!?! Do we live in a democracy?
    Then they forced me out of the school based on bogus charges, and the principal never told the school payroll secretary that I was transferred to the ATR corps so she kept marking me absent for days, without my knowledge. This lady, the payroll secretary, was a very religious woman and she refused to do illegal things that Taveras ordered her to do, so she quit.
    I had to go to court to be able to get the pay for those days when I worked, but the principal marked me absent. And I won , THANKS TO YOU!!!!! You are my hero. If everyone were like you, the world would be a much better place.
    I pray to God to give you the strength to keep going.
    Anda Elena

  4. Pingback: DOE Legal’s New “Non-Letter to File” for Discipline. Where Does It Go? – Educator Fights Back

  5. Can you please contact us with some advice on a current matter that you might be able to help us with. 7329954594

  6. I applaud you!!!
    I am also in the process of filing a lawsuit against DOE due to inaccurate report from OSI investigator, Dennis Boyles.

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