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Diane Tsutsumi pleaded no contest to two felony charges on Dec. 27 in Santa Clara County Superior Court. For misappropriating public funds and subscribing a fraudulent tax return, Tsutsumi will be sentenced to three years in state prison provided she pays restitution to West Valley College for embezzling approximately $200,000.
Tsutsumi, 59, a retired physical education instructor and former division chairwoman of the physical education department at West Valley College, was arrested June 21 following an investigation by the West Valley-Mission Community College District Police Department and the Santa Clara County District Attorney's Office. The investigation was sparked after complaints to the college that its tennis courts were being monopolized by private tennis academies.
Following her arrest, Tsutsumi was charged with nine felony counts that had her facing the possibility of more than 10 years in state prison. A deal with prosecutors reduced the sentence to three years provided she pay full restitution.
West Valley College had honored Tsutsumi for service to community excellence in 2002. The popular physical education instructor was credited with many improvements to the physical education department while working for the college.
However, between 1997 and 2004, she rented out the college's tennis courts for private use and kept the money for herself. Several items found in her home, including a stereo, artwork, luggage and a kitchen sink, were determined to have been purchased with money made from renting the courts. She was also accused of filing fraudulent expense claims to the college for $50,000, and filing fraudulent personal income tax returns with the state of California that failed to disclose income from the tennis court rentals.
She will be sentenced on Feb. 24 to three years in prison if she has paid full restitution prior to sentencing. She has also agreed to pay $27,000 in fines and penalty assessments.
Deputy District Attorney Dale Lohman said the amount of the restitution is still being determined. Lohman said that if Tsutsumi does not pay the full amount, she could spend six years and eight months behind bars, the maximum penalty associated with the two charges to which she pled.
"We expect and hope her to make the full restitution," Lohman said. "The settlement is predicated on her paying the full restitution, whatever that is deemed to be on the date of sentencing." She said the money would be repaid to the West Valley-Mission Community College District.
"I'm glad that she's acknowledged responsibility and now West Valley College can move forward in their job of educating the community," Lohman said.
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