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Legislature probing WVU degree scandal
Thursday, August 28, 2008

An investigative arm of the West Virginia Legislature has asked to review documents showing how West Virginia University officials falsified the academic records of Mylan Inc. executive Heather Bresch, the daughter of West Virginia Gov. Joe Manchin.

The Commission on Special Investigations also asked to see a memorandum from WVU's business school rescinding a master's degree in business administration the university retroactively awarded her in October, even though official records showed she had earned only 26 of the 48 credit hours the M.B.A. program required.

An independent panel concluded in April that WVU falsified Ms. Bresch's transcript by adding courses she did not register for, pay for or complete. Grades assigned to those classes were "pulled from thin air," the panel stated.

Mylan, a generic drug maker based in Cecil, cited the M.B.A. degree as one of Ms. Bresch's credentials when it promoted her to chief operating officer in October. Mylan Chairman Milan Puskar is WVU's biggest benefactor. The company has since removed the degree from her resume on its Web site.

The panel's report followed a Dec. 21 Pittsburgh Post-Gazette story raising questions over why the university reversed its original statement that Ms. Bresch had not earned the degree. The scandal led to the resignations of WVU President Michael Garrison, Provost Gerald Lang and business school Dean R. Stephen Sears.

The interest of the legislative commission, which investigates potentially criminal and civil matters involving conflicts of interest and other issues, coincides with a probe by the West Virginia Ethics Commission, which enforces a code of ethical conduct for public servants.

While both agencies declined to discuss their activities, details of what they were looking at and who they were talking to were contained in documents obtained from the university by the Post-Gazette under West Virginia's Freedom of Information Act.

Those documents include an exchange of e-mails last month between then-WVU general counsel Alex Macia and Steven Hayes, the New York attorney representing Ms. Bresch.

Mr. Macia, who subsequently left the university, informed Mr. Hayes on July 8 that the legislative commission was asking for a copy of the memo rescinding her degree and "grade modification forms that caused her transcript to be updated" in October. Mr. Macia advised Mr. Hayes to release the records voluntarily despite whatever concerns he had about Ms. Bresch's right to privacy.

"The commission ... does have subpoena power and could cause the grand jury of Monongalia County to issue subpoenas," Mr. Macia wrote.

Subsequent e-mails indicate Mr. Hayes agreed to the release with the condition that he or Ms. Bresch review the documents before they were turned over.

Gary Slater, executive director of the Commission on Special Investigations, declined comment. So did Senate President Earl Ray Tomblin and House Speaker Richard Thompson, who co-chair the commission.

One Republican lawmaker, whose request for an investigation of the degree matter by a joint House-Senate committee was rejected by the Democratic-controlled legislature, was encouraged to hear of the commission's interest.

"I think that would be a positive development," said Delegate Jonathan Miller.

The Post-Gazette also obtained e-mails from Stephen Jory, an Elkins, W.Va., attorney appointed as special counsel to the ethics commission. Mr. Jory told Dr. Lang in a July 1 e-mail he wanted to question him in regard to Ms. Bresch's degree.

The day before, Mr. Jory e-mailed the same request to Bill Case, Mr. Garrison's communications director. Mr. Case's office had issued a number of false or misleading public statements about why the university decided to award the degree in October, nine years after Ms. Bresch left the program.

Cyril Logar, who stepped down as associate dean of the business school this month, confirmed last month that he had been questioned by Mr. Jory on July 1, but declined further comment.

Ethics commission Executive Director Lewis Brewer said he could not "confirm or deny anything" other than Mr. Jory had been retained in a confidential role. Mr. Jory was approved as special counsel to the commission at its July 10 meeting, days after Mr. Jory contacted Dr. Lang and Dr. Sears.

A document provided by WVU indicated Mr. Jory was authorized to begin work earlier based on a June 12 letter written on ethics commission letterhead and signed by Chairman R. Kemp Morton.

WVU spokeswoman Janey Cink said university employees were cooperating with the commission's inquiry.

The matter of how university officials falsified Ms. Bresch's academic records to reflect that she earned the degree was referred to WVU's Office of Academic Integrity by Mr. Garrison in late May, shortly before he announced his resignation on June 6. Based on that probe, WVU officials involved in the decision to award Ms. Bresch the degree could face disciplinary action.

"Any investigation by that office would be treated as an internal investigation and would be kept confidential," Ms. Cink said.

Len Boselovic can be reached at lboselovic@post-gazette.com or 412-263-1941. Patricia Sabatini can be reached at psabatini@post-gazette.com or 412-263-3066.
First published on August 28, 2008 at 12:00 am
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