Robin Capehart
WHEELING, W.Va. — The West Virginia Ethics Commission has charged West Liberty University President Robin Capehart with using university resources to promote his film company’s 2011 movie “Doughboy.”
A 13-count complaint released Wednesday accuses Capehart, who has been WLU’s president since 2007, of using a state purchasing card for expenses related to promoting the film, spending time away from the university on a promotional tour for the movie without taking leave and exploiting the school’s television station to advertise the film.
University officials were first made aware of the investigation in March 2012. A commission review board on Jan. 21 determined there was probable cause to proceed with the complaint.
Capehart vehemently denied the charges Wednesday, adding he has never been interviewed over the course of the three-year investigation.
“For three years, these allegations have been vigorously and thoroughly refuted through sworn affidavits, meticulously supported by documentary evidence,” Capehart said. “Each and every allegation has been categorically denied and has been presented to resolve these frivolous accusations. West Liberty University is focused on continuing to provide leadership for higher education in the state of West Virginia.”
Counts one and two of the complaint deal with former WLU employee Kristin Seibert working as a producer for Capehart’s company, Flyover Films LLC, while employed part-time at the university making $2,000 per month, and later as a consultant making $4,000 per month. They allege that Seibert resigned from WLU on March 30, 2012 – the same day university officials were notified of the Ethics Commission investigation – but was instructed to back-date her resignation letter to make it appear as though she had resigned in February of that year.
The complaint also alleges Seibert was promised future employment at WLU in exchange for her resignation.
In affidavits filed with the ethics commission, two of Seibert’s former supervisors – WLTV executive producer Theresa Gretchen and Vice President of Institutional Advancement Jason Koegler – insist her work on the film did not interfere with her duties at the university.
Counts three and four accuse Capehart of traveling to Huntington, Charleston and Beckley to promote “Doughboy” on Aug. 4, 2012 and Aug. 11-12, 2012, without taking annual leave or leave without compensation. In a June 6, 2012 letter to the ethics commission, attorney John Gompers, counsel to WLU’s Board of Governors, said the accusation “fails to realize or understand the nature” of Capehart’s job.
“As the president of West Liberty University, President Capehart is on duty 24 hours a day, seven days a week. This time commitment includes evenings, weekends and holidays. As such, there is no clearly defined time in which he is to perform his public duties and the time which he may use for private activities, nor is there an expectation by the Board of Governors of such a delineation,” Gompers wrote.
According to count five, Capehart used his state-issued purchasing card to rent an $86.24 hotel room in Beckley and make a $50.99 fuel purchase in Washington, Pa., while on the Aug. 12, 2012 trip, without reimbursement.
Count six alleges Capehart used a state-owned computer to produce and promote Flyover Films movies. According to Gompers’ letter, the computer is part of the furnishings and equipment inside the president’s house and, as part of Capehart’s contract, is available for his private as well as public use.
Counts seven through 11 accuse Capehart of using university employees and equipment to film promotional television shows for “Doughboy,” which aired numerous times on WLTV, without paying for such services.
Count 12 alleges that university funds were used to purchase tickets for the director and screenwriter for “Doughboy” to attend the Wheeling YMCA’s Aug. 17, 2011 “Light of the Valley” luncheon. According to an affidavit from university Chief Financial Officer John Wright III, the university reserved three tables because that year’s honoree, Gary West, is one of the school’s major donors, and only university employees, members of the Board of Governors and university supporters sat at those tables.
According to count 13, Capehart used his state purchasing card to rent a vehicle while in Gainesville, Texas, on Nov. 14, 2012 to introduce the film at a Veterans Day program, at a cost of $276.89. Capehart said he has since provided reimbursement for that expense.
WLU Board of Governors Chairman George Couch released the following statement:
“The Board of Governors is aware of the ongoing investigation of President Robin Capehart by the West Virginia Ethics Commission. The charges contained in the ‘Probable Cause Order’ and the ‘Statement of Charges’ are allegations at this time,” Couch said. “The Board of Governors will continue to monitor the investigative process and hopes for a timely ruling by the Ethics Commission following a hearing scheduled for April 16, 2015. The board will take any necessary actions when appropriate and in consultation with West Liberty University legal counsel.”
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