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Officials call foul at Powell
EXTENSIVE INQUIRY: Several accused in alleged grade changes and favoritism
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Two men in suits climbed out of the car and prepared to enter the schools front office. They were Carleton Bryant, staff attorney for the Knox County Sheriffs Office, and Mark Harvey, a detective with training in computer forensics.
They came armed with a search warrant allowing them to seize a computer from the schools guidance office but hoped not to use it.
About an hour later, they wheeled a computer from the school on a dolly and loaded it into the back seat of the Lumina. Bryant said school officials had been "very, very cooperative" and turned over the computer with no fuss.
The low-key nature of the seizure belied its potential importance to the swirling scandal involving Assistant Principal Kimberly Kallenberg and other Powell staff members.
The fact that deputies were seizing potential evidence from the guidance office while seeking information about a transcript that may have been altered threw yet another wrinkle into the already complex pattern of charges, countercharges and mangled reputations that have characterized the scandal.
Although details of the criminal investigation by the Sheriffs Office havent been made public, notes from the school systems internal probe indicate that questions have been raised about several purported grade changes, possible favoritism toward student-athletes, and visits made to the school by University of Tennessee football coach Phillip Fulmer.
Kallenberg, 36, was placed on administrative leave in July after human resources officials learned of claims that she had a relationship with a student, Joseph Lee Smith, a Powell football standout who accepted a scholarship to play for UT.
She has repeatedly denied having a sexual relationship with Smith or changing grades and was recently notified in writing by the Knox County Law Department that the sex allegations against her hadnt been substantiated. She then filed a lawsuit against the county claiming shes been the victim of slander, discrimination and retaliation.
Smith, 18, graduated this year and has signed an affidavit denying that he had sex with Kallenberg. Smith was kicked off the UT football team after he was arrested Aug. 2 on a DUI charge. He has since transferred to Marshall University.
Smiths father, Daryle Smith, is an assistant football coach at Powell. He also played football at UT in the mid-1980s, where he played on the offensive line and was coached by Fulmer.
Kallenbergs supervisor, Principal Diane Psihogios, also was placed on administrative leave with pay, and secretary Karen Craig, who worked under Psihogios and Kallenberg, was reassigned to Fulton High School.
No one else has been placed on leave or reassigned because of the investigation, said Knox County Schools spokesman Russ Oaks.
When contacted by phone, both Psihogios and Craig said they had been advised by their attorneys to not make any public comments about the case.
Hes going to graduate
Dozens of pages of handwritten notes and other documents show that the school system questioned numerous teachers, guidance counselors and other employees in July.
The records were released in response to a News Sentinel request made under the state Public Records Law and include notes from interviews with Kallenberg, Psihogios and other school employees.
The names of all students mentioned in the documents have been redacted, although it was possible to identify many references to Smith by comparing specific incidents with corroborating interviews and documents from other sources.
The documents are only a partial record of the investigation, and the handwriting isnt always legible. At times, its difficult to determine who is being discussed or to put the comments into any kind of definitive context. Nonetheless, its clear that school officials were concerned about allegations of grade-fixing for Smith and at least three other students as well as visits made to the school by Fulmer.
Kallenberg was only one of several school employees implicated in the purported grade changes, the documents indicate. Its not clear how officials first became aware of the potential problems, but by mid-July, the school systems administration was concerned enough to convene a meeting attended by Executive Director of Human Resources Kathy Sims; guidance office secretary Karen Speegle; guidance counselors Emily Lanius and Martha McCluen; science teacher Deborah Arnold and others.
Several of those present at the July 12 meeting expressed their concerns about Kallenbergs alleged behavior, especially her relationship with Smith and alleged instances where she either fixed grades or told others to do so. Speegle, for instance, related what she had heard about an incident where Smith and Kallenberg had supposedly met at Coyote Joes on Clinton Highway.
"I have known this for a long time," she said. "It has eaten me alive for a long time."
Arnold, who taught at least one homebound student last year, related a conversation she had with a students mother who allegedly told her: "No matter what, hes going to graduate. ... The things I know, hell graduate."
Speegle and Arnold declined to comment for this story.
One of the records obtained by the News Sentinel is a two-page, typewritten summary of allegations involving four students, including Smith.
Records indicate that Smith had been homebound for three terms starting in early 2004 and was given an English college prep credit although he "wrote no papers, no research paper, did not read a novel or play."
Also mentioned are numerous alleged acts that apparently led school officials to look into whether Kallenberg and Smith had a sexual relationship. None of the allegations involved witnesses claiming to have seen the two having sexual relations, but instead described numerous purported incidents that gave the appearance of impropriety.
Visits by Fulmer
Other records indicate that school officials at times focused on Smiths class work as it pertained to his role as a student-athlete and UT recruit. In notes from a July 17 meeting between Psihogios and school officials, there are several references to Fulmer visiting the school as well as mention of a possible "NCAA violation" in relation to a college prep credit.
According to records, when Psihogios was told there was a possible NCAA violation, she commented: "Oh, Jesus."
Psihogios was unresponsive to the question and was then asked if she was aware that Fulmer had met with Powell football coach Matt Lowe. Psihogios also was asked whether Fulmer had said: "What youve gotten away with at Powell wont happen at UTK."
Psihogios entire response isnt clear because of the handwriting, but she indicated there were different types of students who went to UT and said, in part: "Well give you some support, but we wont do anything special for you."
Lowe couldnt be reached for comment.
No one alleged in the records that Fulmer asked teachers to tamper with Smiths grades. Had Smith failed certain classes or not taken specified courses, it could have affected his eligibility to play college football, according to NCAA regulations.
Fulmer declined to be interviewed for this story.
"He (Fulmer) doesnt have any comment," said John Painter, UTs associate sports information director.
Painter said its not unusual for UT coaches to visit area high schools when issues arise with potential players.
"Coaches are allowed by NCAA rules to make on-site evaluations of prospects," Painter said. "Part of those evaluations are not just athletic. In other words, they make academic evaluations, social, things like that, so they are able to see those prospects in a setting off the field so they can evaluate them and talk to folks there at the school."
Someone was watching
In her July 17 interview, Psihogios indicated there was tension between Kallenberg and several other employees, including Craig and Speegle. "They dont like Kim I know that," she said.
Psihogios is also quoted as saying: "I wish I knew who was making these allegations; then I could determine the validity."
Speegle started work at Powell in 1998 and had good performance reviews until an evaluation earlier this year that states Psihogios had asked Speegle twice to not "circumvent rules for particular students on two occasions," according to her personnel file.
According to this years review, Speegle allegedly wrote a student a pass and was suspected of allowing a student to access her computer. The student isnt identified in the paperwork contained in Speegles personnel file.
Speegle sent a May 1 letter to Charles Mashburn, the human resources supervisor for noncertified personnel, contesting the reviews findings.
"I was told by Ms. Psihogios not to write passes for a certain student and she witnessed me writing a pass," the letter states. "I told her if she had asked why, I would have told her that he owed a rather large amount of money to a counselor and it was in his car. I told him to go and get it to pay her before he left the school and I would write him a pass to class.
"This student was also on my computer, and she thought that I had allowed this, but I informed that I was not in the building and did not give him or would every (sic) give anyone to have access to my computer."
Had she been asked by Psihogios, Speegle wrote, "I would have explained the reasons that these events took place, and she would not have thought that I was ignoring her requests. She agreed with me and said that from now on, she would ask first and not jump to conclusions."
After contesting other allegations about her work performance, Speegle wrote: "I told Ms. Psihogios that I felt as if someone was watching me constantly in order to try and make me look like I was not doing my work."
Speegle, a 1971 graduate of Powell, declined to comment for this story.
When asked about the incidents involving Speegle, schools spokesman Oaks said the unnamed guidance counselor had bought a $50 pair of shoes for the student and that the student was paying the counselor back.
"It is not unusual for counselors, in particular, to help students when they need things such as clothes, material, the supplies they need," Oaks said.
As for the student having access to Speegles computer, Oaks said the student was researching possible college choices on her computer and, "to the best of my knowledge," wasnt doing anything inappropriate.
Rumor and gossip
Kallenberg was interviewed July 17 by school officials and questioned about her relationship with Smith. She also was asked if she had ever changed a grade, according to notes from the meeting.
"Never," she replied. "I do not have access."
When asked if she had ever directed anyone else to change a grade, she said: "No, ever, ever, ever. I have access, but I do not do that."
Kallenberg and her attorney, Gregory P. Isaacs, have vigorously denied any improper conduct and accused the school system of conducting a slipshod investigation built upon "rumor and gossip." They pointed out that the sexual allegations werent substantiated, and they have filed several legal actions against the school system, claiming that Kallenberg is the victim of sexual discrimination and slander.
Smiths attorney, Don Bosch, said the allegations of a sexual relationship between his client and Kallenberg "were ridiculous, and we are very concerned about who released Lees name and other information to the media and are continuing to conduct an investigation."
When asked about the grade-change allegations, Bosch said: "Lee did all work that was provided to him by every teacher and administrator during his time at Central and Powell high schools."
Smith transferred from Central to Powell his junior year.
"Neither Lee Smith nor his family have ever requested any grade change or done anything inappropriate as it relates to Lees high school transcripts," Bosch said. "He is a very bright young man who is working hard at Marshall at his college studies."
Bosch said he and the Smith family had been aware of the Sheriffs Office investigation and that "it does not change our position ? theyre going to find what theyre going to find."
Bosch also stressed that the notes obtained by the News Sentinel are fragments from an ongoing investigation.
"These records are in no way the conclusion of the school system that anyone has done anything wrong," he said. "They are merely investigative notes from a variety of sources and people."
Smith isnt the only student whom officials are concerned might have benefited from inappropriate academic conduct on the part of school employees, according to the records.
For instance, officials were looking into the possibility that a female student who was identified in records only as someones girlfriend "took Alg II math tests in counselors office using open books weeks after the tests were given in regular class."
Two other students were mentioned as being the possible beneficiaries of grade changes, including one whose chemistry grade was changed from a D to a C. In another students case, Kallenberg was alleged to have ordered a grade change by a U.S. history teacher, Harvey Halcott, records state.
Halcott told the News Sentinel, however, that Kallenberg had never ordered him to change any grades. He said that he initiated the change because the student had completed some makeup work to overcome the failing grade.
When asked if he knew where the allegations were coming from, he said: "Thats something wed all like to know."
J.J. Stambaugh may be reached at 865-342-6307.
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