DAYTON DAILY NEWS                   Copyright (c) 1997, Dayton Newspapers Inc.DATE: Tuesday, April 15, 1997               TAG: 9704150175EDITION: CITY          SECTION: NEWS        PAGE: 1A SOURCE: By Mark Fisher DAYTON DAILY NEWS                             WSU DEAN ADMITS GUILT Educator Gies pleads to felony charge Gies fought corruption charges for 2years    For more than two years, he vigorously protested his innocence and lashedout at his accusers, even suing investigators and the university that askedfor the probe.   But on Monday morning, former Wright State University education deanFrederick Gies stood before a judge in Greene County Common Pleas Court andadmitted guilt to the most serious charge among the 40 counts he faced:engaging in a pattern of corrupt activity, a first-degree felony.   Gies, 58, will be sentenced June 17. He faces a maximum penalty of 25 yearsin prison and a $10,000 fine, though he could be placed on probation.   Under the terms of a plea agreement with prosecutors, Judge Thomas Rosedismissed the remaining, lesser charges. Prosecutors will recommend that Giesbe ordered to repay $43,559 to WSU and that he be jailed locally if hereceives jail time. Those recommendations are not binding on the judge. Theplea agreement calls for Gies to to terminate his employment with WSU, wherehe remains a tenured faculty member.   Greene County Prosecutor William Schenck said he was "somewhat surprised"that Gies pleaded guilty to a first-degree felony, and said prosecutors gaveup very little in exchange for the guilty plea.   "But the paper trail was there, the documents were there, and the witnesseswere there," Schenck said.   David Freel, executive director of the Ohio Ethics Commission that helpedinvestigate the complex case, said the conviction was unprecedented during his14-year tenure at the state agency that probes allegations of publiccorruption and misuse of public office for personal gain.   "This first-degree felony is the most serious conviction we have obtained,"Freel said.   The case sends a message to all public officials - and college faculty inparticular - "that their duty is to the public, and not to their ownpocketbooks," Freel said.   Gies and his attorney, Larry Greger, declined comment as they left thecourtroom.   The corrupt-activity count to which Gies pleaded guilty alleged that theformer dean improperly took subscription money from a professional educationjournal - the Record in Educational Leadership,  which was launched withpublic money from WSU -for his own use, according to Ohio Ethics Commissionattorney Paul Nicks. The count also accused Gies of having a conflict ofinterest in a contract with a distributor of the journal, from which heprofited, Nicks said.   Gies served as dean of College of Education and Human Services from1987-95, when he was stripped of his administrative duties but remained atenured faculty member. His current salary is $83,358 a year.   WSU spokesman Barry Johnson said Gies sent a letter to WSU's provost Fridayindicating that he wished to retire from the university. But at his age andnumber of years of WSU service, Gies does not meet the criteria to be able toretire, Johnson said.   Johnson said Wright State will "do everything in its power to seek recoveryof public funds" from Gies.   Johnson called Gies' illegal activity "an aberration (that) does notrepresent the conduct of the faculty and staff at Wright State University."   "We are glad that it's finally over," Johnson said. "It was a tragedy forthe Gies family and a no-win situation for the university."   Conflict of interest charges are still pending in Greene County CommonPleas Court against a former WSU colleague of Gies, B. Charles Leonard. Athird faculty member, Phillip Messner, was convicted of a misdemeanor in thecase and ordered to pay a $1,000 fine.   WSU President Harley Flack, who requested the Ohio Highway Patrol andethics commission investigation in early 1995, was out of town Monday andunavailable for comment, Johnson said.LENGTH:   74 linesCATEG: CRIME AND JUSTICE       EDUCATION & SCHOOLSSUBJ: PLEA      CORRUPTION NA: FREDERICK GIES    WRIGHT STATE UNIVERSITY ENHANCER: ref5