Leading off today: A special investigator’s report on recent controversies at Buffalo’s McKinley High terms the suspension of basketball player Jayvonna Kincannon "excessive," a Board of Education member told The Buffalo News yesterday.

   The report said the seven-week suspension, later reduced to five weeks, should have been three weeks or less, board member Ralph Hernandez told the paper.

   "We have determined that the suspension was not appropriate in relation/comparison to violations of the same nature during a similar time period,” the report said. “Indeed, this suspension was excessive.” The 108-page report by David Edmunds Jr. said the suspension process lacked "the minimum protections of due process" and did not comply with state education law or the board’s own policies.

   The report says McKinley Principal Crystal Barton "had every right to dismiss Michelle Stiles as a volunteer at the school." It was that action that led up to Kincannon's suspension after she was caught using a cellphone in school to try to sign up to speak at a board of education meeting.

   The report says teacher and boys basketball coach James Daye was a factor in removing Stiles as a girls basketball assistant coach.

   Hernandez said the report does not recommend disciplinary action against any employee.

   League realignment: The Suburban Council League in Section 2 is changing from a three-division format to two six-team divisions in most sports beginning next fall.

   "We looked at this as a transportation issue," said Suburban Council president Wayne Bertrand, the AD at Guilderland. "Gas prices are very high and schools are confronted with bus issues."

   In sports in which all 12 schools compete, the North Division contains Ballston Spa, Burnt Hills, Niskayuna, Saratoga Springs, Shaker and Shenendehowa. The South Division will be made up of Averill Park, Bethlehem, Colonie, Columbia, Guilderland and Mohonasen. Teams will play divisional opponents twice and meet the schools from the opposite division once to form a 16-game league schedule in most sports.

   Assault charge: Schenectady varsity football coach Carmen DePoalo faces a charge of third-degree assault for allegedly beating a man in a restaurant in February, The Daily Gazette reported. DePoalo, 57, was charged April 17 with the misdemeanor. He was arraigned that day in City Court and is scheduled to return to court May 29, according to court officials.

   DePoalo is also business agent for Local 301 of the International Union of Electronic Workers/Communications Workers of America. The union represents 1,100 employees at GE Energy in Schenectady.

   DePoalo is accused of assaulting Thomas Donato, 58, inside Ferrari’s Restorante, according to court papers. Court documents allege DePoalo punched Donato in the face, then got on top of the prone man and continued to punch him in the face repeatedly. Donato told police he needed treatment for face and neck injuries.

   DePoalo filed misdemeanor assault charges against Donato, but the Schenectady County District Attorney’s Office dismissed those charges Wednesday.

   If convicted of third-degree assault, DePoalo could face up to a year in county jail, a fine of up to $1,000, up to three years of probation or a combination of the three. Schenectady city school spokeswoman Karen Corona said DePoalo does not teach in the district. He is paid $4,800 per season to coach.

   Albany coach approved: Massillon, Ohio, native and West Point graduate Brian Spicer has been approved as the new football coach at Albany High, replacing Joe Burke, The Times Union reported.

   "I'm sure they were wondering why someone from Ohio would apply for the job here," said Spicer, a three-sport star at Massillon's Washington High. Spicer's wife, Grace, is from Saratoga Springs, and he started looking at options when Marietta High in Ohio began studying substantial budget cuts.

   "My wife has moved around with me for 18 years. I thought this was a great opportunity and a chance for her to come home," Spicer said.

   Albany won the Section 2 Class AA championship in 1996 but has won just 23 of 101 games since.

   "I think that (challenge) is what drew me to this job," said Spicer, who will teach math at Albany. "There is no reason why we can't win at Albany. Football is a valuable asset to the community. This program is going to be built on leadership and character."

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