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College of the Desert Accused of Defrauding State $5.2 Million

The California Community College Chancellor's Office says COD will be responsible for paying back the $5,261,544 over-payment they received.

PALM DESERT, CA -- College of the Desert is facing serious charges of fraudulent activity that they collected more than $5.2 million in excess state funds by "improperly and knowingly" inflating enrollment numbers, the California Community Colleges Chancellor reported Thursday.

"After a thorough investigation, the Chancellor’s Office has determined that Desert CCD improperly and knowingly claimed excess state apportionment funding between 2003-04 and 2009-10 and that this matter should be turned over to the district attorney and the state controller for possible prosecution," a letter dated Nov. 29 by Chancellor Brice Harris states.

According to Harris, during this seven year period, the Desert Community College District used "catalog hours" -- or time scheduled for a course -- rather than "the legally required student contact hours" -- or actual time spent in class by a student -- to gain state funds.

What's more, a state-ordered "extraordinary audit" found the misreporting led to an overpayment amount of $5,261,544, which must now be repaid.

The Full-Time Equivalent Student (FTES) funding claims were then allegedly signed and certified when the District knew the numbers were false, as the state audit team found:

  • The District concealed this FTES reporting error to the Chancellor's Office for a seven-year period, signing and certifying annual apportionment attendance report forms (CCFS-320) as true and accurate. 
  • Based on the documentation reviewed, “there is sufficient evidence to demonstrate that financial statement fraud and mismanagement may have occurred.”     

"To rectify this matter, this amount will be collected in full from the District," Harris said in his letter, adding that another $630,169 will be deducted from this school year's base apportionment.

Harris said that COD will be responsible for:

  • Paying back the $5.2 million in full.
  • Engaging their contracted auditor "to do an 'Agreed Upon Procedures' verification in accordance with the Government Auditing Standards issued by the Comptroller General of the United States to confirm that catalog hours are no longer being used as a basis of claiming state apportionment."
  • Putting in place "adequate additional internal controls" to "limit the risk of fraud and/or misappropriation of assets in the future."

As news of the allegations came to light, College of the Desert put out a press release addressing the issue head-on.

“We are deeply concerned with the audit findings and take seriously their consequences," COD Superintendent/President Dr. Joel Kinnamon said in the release. "We also take seriously our obligations as stewards of taxpayer funds and are committed to working with the Chancellor’s Office to settle all over-payments and to insure full and complete compliance with all requirements both now and in the future.”

Kinnamon has only been with the school since he was appointed successor to former Superintendent/President Jerry Patton in July 2012.  

“I am committed to being transparent and proactive,” he added. “As College of the Desert President, I understand the seriousness of these findings and have already taken prompt and immediate action in response."

Kinnamon said the school is already working on meeting the Chancellor's requirements of auditing and placing additional internal controls.  

"Further, the College has pledged its full cooperation to the District Attorney and any and all state authorities for any subsequent investigation or action," he said.

“I want to assure the public that we are taking appropriate steps to address the issues which have been highlighted by the report and are committed to doing whatever is necessary to preserve the public trust,” he added.

Palm Desert Patch contacted the Riverside County District Attorney's Office Thursday night, but spokesman John Hall said he could not yet comment as to if they've received the report due to the late hour, though said he would likely have more information Friday morning.

Damchi November 30, 2012 at 01:56 PM
Don't worry COD - Just use the Prop 30 funds!
Eye on the Desert November 30, 2012 at 03:32 PM
Absolutely shameful. First the football fiasco, now this. What in the heck is going on over there? And isn't that why we elect a Board, to oversee the administration and ensure things like this don't happen? Wow . . .
Marc Saxe November 30, 2012 at 05:28 PM
I find folks jumping to the conclusion that COD was guilty automatically more than overly judgmental. I'm not trying to let COD off the hook. But in a time of state cash grabs going one, someone has to question the audit method being used to determine how many class hours were calculated. They are making this claim based on what? Did every class require a sign-in and sign-out sheet? If so, were they rigorously enforced and implemented? If they were not enforced, who is doing the count? If there was not a required sign-in and sign-out, how is an auditor determining there was fraud or even a miscalculation. Let's all give COD's new President, Dr. Kinnamon the support he needs to validate any state claims of overpayment and if those claims were true, assist him in adjusting for errors of his predecessors.
frances man December 01, 2012 at 05:37 AM
WE NEED MITT ROMNEY TO QUICK FIX THIS ...ASAP ...ISNT HE THE MAN LA OFFICE 323-890-8302 SECRETARY
Jerry Okel December 01, 2012 at 10:47 PM
Hey guys.. it is California... run by Democrats...we owe them... just let it slide ...it was just a small mistake...
jerry Okel December 01, 2012 at 10:48 PM
Hey guys.. it is California... run by Democrats...we owe them... just let it slide ...it was just a small mistake...
Dan Crabtree December 02, 2012 at 01:26 AM
AHHH YES A DEMOCRATIC PARADISE SUNNY CALIFORNIA AWASH IN RED INK FOR THE LAST TWENTY YEARS OR SO,OF DEMOCRAT CONTROL..NO BIG DEAL.. AS THATS CHUMP CHANGE TO THE OBAMA ADMISISTRATION AND ANY GOOD NON-GOD FEARING DEMOCRAT..
Fred Gerber December 02, 2012 at 10:37 PM
Just another sore looser...
Kathleen Martin December 05, 2012 at 12:15 AM
Did you miss Gov Arnold Schwartenegger's 8 year term in office? He was no Democrat, but he was certainly "spendy'.
Diego Rose January 27, 2013 at 01:19 AM
Hey Renee, there is another major deception being perpetrated right under your nose and yet no one at Patch or the Gazette will even start to look into it. I have a lot of info that will get you started. As well, the Riverside county Grand Jury took six months to look into the wasting of tax payer funds and made quite a few recommendations. They fell short in a thorough investigation because of the extensiveness of the misappropriations. But I guess if you actually looked into it, you may have to write some negative stuff about the hospital and they may not call you for all of the feel good stories. Sad but true that this is how many local journalist act. Didn't you folks take some kind of an oath to present the facts and let the readers sort through it all? I took an oath as a nurse to take care of my patients first! That oath caused me to look into many things at the hospital and it just kept getting deeper and deeper. I'd be more than happy to sit down and explain the many problems that have occurred due to a total lack of oversight by the community. Please care enough to at least look into it.

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