Audit finds against college officials for grant payments

In a special audit of Hocking College just released, the Ohio Auditor of State found that three college officials "“ Roxanne DuVivier, Lynette Hull and Myriah Short "“ each allegedly improperly paid herself $9,224 in salaries from a grant fund.

The audit also found, among other problems, that the college had improperly paid former HC President John Light $530 worth of miscellaneous travel expenses to his second home in Shelter Island, N.Y., and $72 in personal expense reimbursements for two purchases on a college credit card.

An attorney for Light and DuVivier "“ who are husband and wife "“ said Friday that he believes the findings against his clients stem from "a movement to depose Dr. Light, and the staff and officials who were loyal to him," which was launched by disgruntled Hocking College employees.

Attorney Robert Shostak admitted, however, that he's only begun to gather information in the case, and is basing his impression of what's happening on what he's heard in discussions with interested parties.

The audit included findings for recovery on both the $9,224 each from DuVivier, Hull and Short, and the travel money for Light, meaning each may have to pay that money back to the state.

Shostak said he believes that HC's Board of Trustees could opt to not require repayment, despite the state finding for recovery.

"The Auditor's office disputes that with me," he acknowledged. But, he said, by his reading of state law, he believes that the HC Trustees could vote to not require payment. If DuVivier and Light refuse to pay the money, he said, the state would have to file a civil suit to collect it.

Shostak said that he believes his clients should not have to repay the money, because when they took it from HC, they were properly following "the procedures and practices that were in place at the college," and therefore should not be held liable.

He added that he has asked the HC Trustee board to allow Light to address the issue at the next board meeting.

Hull reportedly has also retained legal counsel.

In a news release responding to the audit, HC officials stressed that the college is looking closely at its reimbursement practices, to avoid problems in the future.

Hocking College President Ron Erickson said in the release that a careful review will be undertaken of how expenses are documented and reimbursed, and how grant funds are managed.

"We want to do everything possible to maintain the public's trust and confidence that the college is a good steward of public resources," Erickson stated.

Ongoing state and federal investigations have been looking into these matters, though at this point it's uncertain whether criminal charges will result. The audit did not make that clear.

Currently, the Ohio Attorney General's office is the appointed special prosecutor to oversee the state's investigation, and the Ohio Ethics Commission is the investigating agency, according to Holly Hollingsworth, spokeswoman for the AG's office.

Paul Nick, chief investigative attorney for the OEC, said Friday that his agency continues to plow through the evidence at HC, but that it's slow going because the OEC is small and has a lot of territory to cover statewide. He noted that the OEC has five investigators, is currently handling 140 investigations, and like many other state agencies, has recently undergone budget cuts.

"There's a lot of records, a lot of documents, and a lot of issues" in the HC case, Nick said. "Before we go forward with a criminal referral, we want to make sure that the facts support a referral."

The purpose of the state audit was to examine travel expenses for top HC officials, to see if those paid for by the college all related to college business; and to examine a state technology grant HC obtained in 2002, to develop a software system called SAIL that helps students create a psychological profile of themselves. The audit was looking to see whether HC used the funds from the $297,053 grant properly.

The audit stated that DuVivier, Hull and Short should not have received any pay for their development and oversight work on the grant project, because they were already being paid salaries by HC, and their work on SAIL was "inherent to the responsibilities of their positions with the college."

The audit also noted that the college has received $252 in royalties from sale of the software developed with the grant. The state Auditor has referred some issues to the Ohio Ethics Commission, relating to the copyright registration of the SAIL software, and a supplemental contract that Light signed off on between the college and DuVivier, his wife.

When The Athens NEWS spoke with Light and DuVivier in November 2007, they insisted that, to the best of their knowledge, HC was not violating any terms of the state grant by selling the commercial software, and that no college officials were seeing any direct personal financial benefit from its sales.

Regarding travel expenses, the audit looked at three funding sources: the President's Development Fund; the Hocking Hills Travel Agency, which is run by HC; and funding "other than the President's Development Fund."

In the President's Development Fund, the audit found 29 expenditures that were not adequately supported by documentation, and 269 credit card purchases that were supported only by a statement or receipt, without an itemization.

For the travel agency, the audit found 10 reimbursements that weren't adequately documented, and 24 reimbursements for mileage where no reasons for the travel were indicated.

The audit made numerous recommendations for tightening up oversight and book-keeping with regard to travel, expenses and other costs.