THE SPECIAL COMMISSIONER OF INVESTIGATION FoR THE New York City SCHOOL DISTRICT ‘TeePnone: (212) 510-400 vans faa) 1051880 April 17, 2000 Hon. Harold O. Levy Chancellor New York City Public Schools 110 Livingston Street, Room 1010 ‘New York, NY 11201 Re: Aryeh Eller SCI Case #99-2718 Dear Chancellor Levy: xy this office has substantiated that Aryeh Elle, a thirty- three-year-old male music teacher at Hillcrest High School ( Hillcrest") in Queens, engaged in inappropriate conversations with and made improper comments t0 three female students ("Student A," "Student B," and "Student C") in his class." ‘An investigation conducted b; in addition, an earlier complaint of sexual harassment concerning Eller received by this ‘eferred to the Chancellor's Office of Special Investigations office in May 1998 and immediately r COST") was not acted upon by OST. Consequently, Eller was permitted to return 0 his teaching position at Hillerest in November 1998. ‘This investigation began on November 4, 1999, hen SD 1, 1999, Students A and B informed contacted this office to report that on November hat Eller made inappropriate comments to them in music class, and that On November 17, 1999. Eller was reassigne 1d to the Queens High School Office pending the outcome of this investigation.April 17, 2000 Hon. H. 0. Levy Eller had repeatedly made such remarks to Student C since the previous yeor. reported this information tol Jon November 2, 1999. jnterviewed Students A, B, and C on November 4, 1999, obtained written statements from them, and then advised| who notified this office.” Eller made improper demands of Student A, 2 Qgugggslye2s-old student in his music class. According to the girl, in October 1999, she was in Eller’s class wearing slacks and a shirt hanging outside her waistband when the teacher suggested that she liR her shirt and "show her ase" Student A complied and Eller then said, "God bless you." Eller also commented that he svanted to "date a black chick," and did not care about her age. He also asked Student A if she Tound him attractive. Eller had unwelcome contact with Student A as well. He would sometimes touch her on the shoulder. Student A described the contact as more like a “boyfriend's touch," than a teacher's. Student B, 2 @UBRB year-old, also received inappropriate remarks and contacts from Eller, She reported that in September 1999, while in the Hillerest music office, Eller asked her for date, saying that Student B's age did not matter. Moreover, Eller remarked that if she "wore clothing to show more of [her] body, guys would ask [her] out.” Eller further told Student B, “I want to try a ‘Student B added that Eller would sometimes touch her and hug her Close and tight, and that this made her uncomfortable. Eller also told Student B that he had a Crush on Student C, and she frequently heard Eller comment on Student C’s figure and about dating the girl Eller repeatedly subjected Student C, a year-old, to similar inappropriate remarks and contacts, She reported that since 1998 Eller "made me feel awkward by looking at me and the way he would hug me to say hello. He would always say, why don't you come visit me? _ ‘other occasion, Eller told Student C that she is "well ‘You never come to see me." On ani developed,” and "would make @ good wife." Late in the spring 1999 term, Eller told Student C that he harbored feelings for her since she was in his (JMMIMMMBclass and that he "wouldn't just {all in love with any girl, and that he's not stupid and age doesn't matter.” Moreover, Eller commented that the girl was "intelligent and wonderful and developed” and that Student C "acts ore like a woman than 2 @QM§ll-year-old.” Student C avoided Eller as much as possible since that encounter because she "still feelfs ] uncomfortable and dofes noi) wish to be near him." Student C further reported that she heard Eller remark on Student A's breasts, saying that she "had a nice rack." aia har he delay was because November 2, 1999 was Election Day, a school holiday, Student A was ae enstor 5 1999 and she wanted to interview al te students ate sane time, However, aa ees scvouzate tie marr she should have referred it this office FStudens A ne © A Sent € is agApril 17, 2000 Hon, H. 0. Levy During an interview with investigators from this office, Eller admitted the following «During the spring 1999 semester, he had a “crush” on Student C, was “infatuated” with her, found her to be mature for her age, commented several times that she was beautiful, and he told Student C she "would make a good wife." «When Student C did not reciprocate Eller's overtures, he told @ group of students, "T would rather date black or Hispanic chicks instead of stuck-up white chicks." Eller claimed that he made the same statement to hnly," and gave her a "passionate kiss" on the cheek Eller hugged Student C "very int to lift her shirt and show her “ass.” When the «The teacher asked a female studer "God bless," and "you have a nice ass."° student complied, Eller commented, He was accused of a similar incident in 1998 at Hillerest and those allegetions were true. Asa result of the earlier complaints, Eller was the subject of a Board-initiated AS cal examination, which found that he was in a state of depression. He inferred that it was as a result of being rejected by Student C. .n, signed statement before the investigators. In it, Eller described his infatuation with a student, including conversations with her about dating, and telling her that she would "make a good wife." He further wrote that he remarked to a group of veidents, “I would rather date black or Hispanic girls than stuck-up white girls.” “The teacher then prepared a handwritte ‘As Eller admitted to our investigators he also sexually harassed Hillerest students in 1998, In May ofthat year, this office received @ complaint thet ler had inappropriate conversations with and made improper comments to two female students in his class, we referred the complaint to OSI the same day. pis is consistent with Student C's version of the events il terms about older women and dating issues. Contrary t0 5 According tol Elles spoke with him in gene Elier’s admission. sid that Eller never spoke about female students © Thus is consistent with Student A’s account of his conductApsil 17, 2000 Hon. H. O. Levy Inthe 1998 compleint, 2n QM year-old female ("Student D") wrote that Eller acted strangely while in music class. He gave away personal possessions, told the students that Fullescsk i "fucked up,” "a 200," and called the teachers, "zookeepers.” Concemed that Eller imight be suicidal, Student D, accompanied by another student, reported Eller’s behavior to “Less than a week after the students made their report, Eller remarks 10 Student D in music class, saying, "how pretty [you are},” and also gave the girl a hug. In another music class, Eller turned | movie to the class. Student D wrote that during the movie, cee eeseter “started dancing and came toward me, He spread his arms and «ried to touch me Only his finger tapped me, and I screamed." Student D hid in the back of the classroom. Eller then shouted, "Where [Student D]?" and "Come to the front [of the room] or I'll look for you." He tamed on the lights, and came toward Student D who reported that "he said that he loveld] ve rury not to be seared. 1 should only be scared of God. He also gave me a hug which I didn't ra are When the dismissal bell rang, Eller took the girl to @ comer and told her not to dress in want che was wearing that day "because he wants to look at my face and not my body." Girected inapprop! “who made [you] so pretty.” Eller off the lights and showed # musical ‘Another QE year-old female ("Student E") also submitted a written complaint on May 19, 1998, She reported thet Eller repeatedly told her that she has "a beautiful face and ody," that the way she "dress[es] disturbs him, and that he has @ hard time teaching.” Eller repeatedly told Student E, "Ilove you." On the date of her complaint, Eller asked the girl to jccompany him to the music room, Eller said thet he wanted to be alone with Student E, and creer wanted t0 tell her something. Student E questioned the need to go to the music 100m and sae weal to accompany Eller. Eller then became "very upset," said, "I love you," and told Student E to leave. these allegations. A handwritten notation on our referral dated the following day states: "Open/close. The school pick him up. If he returns, he will be reassigned and then sent for OSI took no steps to investigate letter to. already had medical (pert © Ors response was confirmed by a November 17, 1999 letter from recpandiggs to our request for investigative reports or information deta wrote: "Please be advised that FHilfcrest High School, on May 21. 1998. aid that Eller had left the school, cium, he would be reassigned to the Queens High School Superintendent’ Office pending Ihe ae eee ec mecca! evaluation.” Eller was re-assigned tothe Queens High Schoo! Superintendent's Ofice on Mey 22, 1998, ing actions taken by OS)April 17, 2000 Hon, H. O. Levy OSI instead deferred to the Board's Medical Bureau both wrote to the Medical Bureau and requested itness to return to work.” While (letter contained nothing concerning the allegations of Students D and E, a report attached to@request references odd behavior and a complaint by Student D, without giving details. Thus, the Medical Bureau was not informed of the serious allegations of sexual harassment against Eller ‘an examination of Eller concerning his fi “A review of the Medical Bureau's file reveals that Eller reported as directed on June 22, 1998, He was seen by QIN, who wrote in 2 memo on that date that Eller may continue at his current assignment at the High School Superintendent's Office. C= ‘edical documents from Eller, and that his fitness to retumn to further noted that she requested m the claseroom would be determined after receipt and verification of these documents. A Medical Bureau form requested a report from Elled There is no indication (hat ct performed a medical or psychiatric exam of Eller, f the sexual harassment allegations. On aside from a cursory interview, or that she was aware o! September 25, 1998 ‘wrote that she found Eller "fit" based on a "review of medical documents.” ‘informed MMMM at Eller was fit to return to service in a letter dated November 14, 1998 ‘eto investigate serious allegations made by students against an educator move a problem teacher from the system. It facilitated ‘bled him to sexually harass more students. Not foward Student C began in the fall 1998 term, soon after OST failure resulted in a missed opportunity to re Eller's return to the classroom, and ena surprisingly, his inappropriate behavior t his return to Hillcrest. SI's deferral to the Medical Bureau compounded its failure to investigate. The Medical ler to return to the Hillcrest classroom without any review of the sexual ‘that the Medical Bureau did not learn of the sexual the Superintendent's Office, or OSI. However, he Medical Bureau of Eller's odd behavior at school. An way well in-depth interview of th have disclosed his pursuit of the female students, Indeed, Eller fully admitted his conduct to our investigators during the brief time we spent with him, Yet, the Medical Bureau took no such Bureau cleared Ell harassment complaints. Files confirm harassment allegations from Hillcrest, letter did advise th appropriate action faxed leter to the Medical Bureau indica per ‘of Special lavestigations.” {the file provided to us. Also. a check box on the Medical Bureau form memo is '°-These documents not of ae en GMB eerssration was not tased on a mesial exavninauon tes that the request for a medical evaluation was "as‘April 17, 2000 Hon, H. O. Levy With respect to the 1999 complains should have simmediately contacted this office, rather than walling inorder to take written statements from the informed ‘about the complaints on November 2, 1999, the ‘o him. Rather than referring the matter to this office, get) until November 4, 1999, in order to interview the students and obtait writ sratements from them, Only then did she inform who contacted this office. As Seiad before, undue delay and the taking of statements Dy educat fs rather than trained pe na forcement professionals can be detrimental fo an investigation and have disastrous consequences. students, day after Students D and E came t ‘The overwhelming evidence, including Eller's own statements, reveals @ patter of sexual harassment of female students spenning to years. 1 therefore the recommendation of this office that Eller's employment be terminated, and that this matter be considered should he ever seapply for any type of position with the Board or in one of ts facilities, \We are forwarding @ copy of this Jeter and of our report concerning this investigation to the Office of Legal Services and to the New York State Depariment of Education. Should you have any inquiries concerning the above, please contact Geraid Conroy, the attorney assigned to were ay may be reached at (212) 510-1486, Please notify Mr. Conroy within thirty days of the receipt of this letter of what, if any, action has been taken, or is contemplated against Aryeh Eller, Thank you for your attention to this matter. Sincerely, EDWARD F. STANCIK Special Commissioner of Investigation for the New York City School District on el 2B “Rises Alban Deputy Commissioner EFS:RAL:GC:2i c: Chad Vignola, Esq