Former Evergreen professor fined nearly $120,000

The Washington State Executive Ethics Board today will announce its largest-ever penalty — a $119,578 fine against Jorge Gilbert, a former instructor at The Evergreen State College who did not account for at least $50,000 in student fees that he collected for a study-abroad program in Chile.

The ethics board's order fines Gilbert for multiple violations of the Ethics in Public Service Act. The $119,578 fine includes $9,900 that must be paid in restitution to the college.

The ethics board's investigation began in July 2009, after a referral from the state auditor. The referral alleged that Gilbert, while at Evergreen, "may have misappropriated public funds, entered into contracts on behalf of the college with a company owned by his family members, received financial gain from his position as a state employee and used state resources to benefit himself and his family members," according to a news release from the Washington attorney general.

The release says Gilbert may have used a family business to book travel for the students' trips to Chile.

Gilbert retired from his faculty position in November 2009 as part of a settlement with the college. As part of the settlement, Gilbert repaid Evergreen $23,579 that the college paid to 13 students who were reimbursed for some of their expenses for a 2008 trip to Chile.

The settlement ended disciplinary action against the professor, and lawsuits between the college and Gilbert were dropped, according to documents released by the college in 2010.

Gilbert started as an instructor at Evergreen in 1988. He taught courses on South American history, politics and economics. His program featured a trip to Chile.

In 2009, the college auditor reported that Gilbert had not accounted for at least $50,000 in student payments he had collected between 2003 and 2008 for travel to Chile. The audit also found that he misrepresented the college by signing contracts with a Chilean company partly owned by his family.

Students who took part in Gilbert's Chile program in 2008 said they deposited the approximately $3,000 for their trip into an account at West Coast Bank, for which Gilbert was the sole signer.

The money did not include quarterly tuition.

The college began its investigation of the Chile program after some students on the 2008 trip did not receive the airline tickets they thought they had purchased. Gilbert had arranged for the students' tickets through a travel agency that went bankrupt.

Gilbert did not appear at a hearing before the ethics board. The board concluded that based on the evidence, "the undisputed facts showed that Gilbert violated five statutes within the Ethics in Public Service Act," the AG's news release states.

Violations of the state ethics law are not considered criminal violations.

Gilbert's violations included the following, according to the AG's news release:

• By directing students to make payments for the international study program to his personal bank account, and by accepting payments from those students, Gilbert violated statutes that bar state employees from having a financial interest in state government business.

• Gilbert ignored college procedures requiring waivers for all students traveling abroad, placing the students at risk.

• Gilbert entered into contracts regarding the study-abroad program without the college's permission or knowledge.

• Finally, "Gilbert deposited student funds directly into his personal bank accounts contrary to college policy and benefitting him financially."

Gilbert could not be reached for comment. An Evergreen spokesman said Thursday that Gilbert did not leave contact information with the school.

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AP-WF-06-03-11 1520GMT