20161207 DOL Conklin-Miller Interview
Employee Name: Jeff Conklin-Miller
Date: 12-07-2016 @ 3:10pm
Race: White
Gender: Male
Veteran Status: Non-Veteran
Current Job Title: Associate Dean for Academic Programs and a faculty appointment that is East Stanley Jones Assistant Professor of the Practice of Evangelism and Christian Formation and Royce and Jane Reynolds Teaching Fellow
Starting Date in Position: Associate Dean for Academic Programs as July 1, 2015
Previous Position(s) with Duke University: I was faculty at the Divinity School as an Assistant Professor of the Practice of Christian Formation and the Director of the MACP (Master of Arts in Christian Practice) Degree Program
Starting Date(s) in Previous Position(s): Staff employee prior to 2013.
Starting Date with Duke University: June 2013.
Other Prior Experience: I started in November 2010 as a Director of Youth Ministry. I was at the same time a PHD student in the Divinity School.
Education: BA in History and Religious Studies- 1991, MA of Divinity in 1995. I am ordained in the United Methodist Church; I am a pastor (churches in Southern CA). I became a Deacon in 1995 and an Elder in 1998.
I. BACKGROUND INFORMATION:
Is the current position you stated the same job and title that you had during January 1, 2015 – August 31, 2016?
July 1, 2015 is when I started my current position.
If not, what was your job title? NA
II. HIRING:
How is the list of TA students developed?
The list is populated by the names of students that are doctoral students. Two doctoral programs one in the divinity school (theology PHD) and the ones that are studying religion in the graduate department of religion, part of the graduate school at Duke University, THD and existing doctoral students. They make the majority of the list but on top of that the list includes a number of students that fit into different categories, they may be doctoral students that are pursuing a doctorate in other areas (not theology). We find out about them because they know a member of the faculty, and they say that this person is interested in working as a TA in the future. Another set of candidates is produced by divinity graduates or MTS degree close to the Durham area and have professional expertise that matches the subject matter of the course being taught. We hire active pastors who are preaching regularly as a preceptor in a preaching class.
Mr. Logan is an example of someone having a MTS degree. He volunteered himself to be added to the list with the others on the list as a preceptor. Basically the process works as first identifying out of the schedule of courses that will be offered, we anticipate a number of preceptors needed to support those courses. We offer core courses in the divinity curriculum which will require someone with a master's degree. They work with smaller groups in a large class. Once students make decisions about which classes they are going to take we have an idea of how many preceptors we need. At that time we have an idea of how many preceptors we are going to need. The opportunity to TA is not advertised. It is distributed by email to all of the ones interested in the possibility of precepting. There is no opportunity at the front end of the process. If you are interested in precepting, here are the courses and respond to us with your preference, we ask for three and rank them, 1st preference, etc. the email is sent out from the registrar's office. The registrar compiles all the answers to the emails. The director of the divinity school serves as an advisor to the PHD program. Primarily the TA is part of the doctoral student's educational program. I am the person signing the approved contracts for these positions. I don't remember signing Logan's contract for spring 2016. The registrar will provide a slate of assignments, I will not do individual appointments and from that slate all the contracts are developed. I am aware that he was assigned to Duke but I am not aware of looking at the slate and deciding.
Provide a brief description of the various tasks and responsibilities that you currently perform including how many employees are currently supervised by you. (If available, provide a written job description).
In the role I serve in the divinity school and in this respect my oversight includes oversight of academic affairs for students, curriculum, scheduling, and responsibility for program assessment and oversight with the university. Oversee areas of the school as enrollment mgmt., admissions, financial aid and areas of student life. "Finally I also overlook at elements of co-curriculum, such as internship programs as a component of a MA at the divinity school.
Who supervises you?
Three primary reports. 1. Academic programs – Registrar – Curriculum
Enrollment Mgmt. Admissions and Financial Aid
Ministerial Formation and Student Life.
Also a staff person assigned to me as an Associate Director to the MA Arts and Christian practice. Finally this year I received direct reports of the office of Black Studies. I report directly to the Dean of the Divinity School Dr. Heath.
Describe the chain of command. I report to Dr. Heath, the current Dean of Divinity School
What are your current job duties as it relates to hiring TA employees? What were they during the review period?
The work of assigning the preceptor falls under the academic programs which is a component of the work of the registrar. Much of that process is executed by the registrar prior to the time that she provides a slate to me of candidates. The registrar will consult with me in the process. Kori Robbins receives information from the candidates itself and she will hear from professors probably wanting to work with their doctoral students. Once the assignments are made we hold a training session in fall prior to the beginning of the fall semester.
What are the written policies or guidelines that bear on your role in hiring decisions?
I am not aware of any existing guidelines. There is a tradition of practice to assign doctoral students since it is a part of their educational program.
II. HIRING:
Do you know the complainant (Logan Martin Isaac)? When did you know him?
I do. I am not sure when exactly we met. Logan's current wife (Lora) is a good friend of my wife and was also a student at the divinity school. I know Logan socially in that context. I think it was around summer 2010-2011 when we met and he was a student.
How long have you known him?
Since 2010-2011.
What is your employment relationship with the complainant?
As someone serving as a preceptor, with my name on the contract as a manager, contractual relationship.
For the summer we don't hire any preceptors. The process for the registrar applies only for fall and spring semesters which are when we offer the majority of the courses. We don't offer classes in summer since the students are doing internships. The only courses that we offer in the summer are biblical languages, Hebrew and Greek and for these courses we hire doctoral courses if the course makes enrollment which it rarely happens. The nature of the course is very technical in nature so they are only taught by students that have that background. Old Testament for Hebrew and New Testament for Greek.
Allegedly, on February 29, 2016, the Complainant, Logan Martin Isaac, brought his concerns about how veterans are treated at Duke University to the interim Dean, Ellen Davis and she referred this issue to Dan Struble for further investigation. Then, Dan created a team in which you were a team member. Please describe:
What I recall is that there was one meeting that I was a part of.
a. The concerns of the Complainant that were brought to your attention
I think the primary concern was just simply to discuss concerns in general terms about the concerns that were brought up to her attention in regards student veterans. I think that for students what does it mean to be a veteran student at the divinity school? Have a commitment to pacifist, which can be interpreted as not, how they interpret their experiences as being not violent.
b. The recommendations you provided as a team
My recollection was that the general sense of the need for the new Dean needs to be aware of the concerns about veteran students, and that someone was going to contact someone else, a high ranking official in the military to come and meet with students in the chapel.
c. Any implemented recommendations
I am assuming that interim Dean Davis will share the new Dean of the concerns about student veterans.
d. Any strength or weakness of the recommendations
I think that the issue of student veterans is an important issue. The leader of the veterans group came to meet with the faculty at the divinity school to share experiences. It raised a broader awareness.
e. Any follow up on the recommendations
See previous answer about awareness.
f. Any plans to meet the concerns of the complainant: The leader of veterans group met with faculty at the Divinity School to share experiences to raise awareness. This could lead to a broader understanding of veterans concerns in the future.
g. Any working connections with the complainant: No
h. Any feedback from Ellen Davis or your team on this issue: I don't recall anything specifically from the Dean.
i. Any recommendation, if the Complainant was part of the perceived veteran concern due to his protected veteran status.
It was acknowledged that he raised the concern. The meeting was not about him, it was about veterans in the school.
j. Was non-favorable treatment for veteran students, for veteran employees or for both? Please explain.
Both, but it is allegation.
k. Did you know about the recent removal of the flyer posted by the complainant? When and why?
I did hear about this. They were removed because they were posted with no permission. I was out of town, but it is from the Dean's office. Attorney: Cynthia will speak to this issue.
What role did you play in rejecting or not selecting the complainant for 2016 Summer Semester assignment? I played no role because there was no rejection.
Why was the complainant rejected? NA
How was he notified? NA
Who else was involved? NA
Was he provided a rejection notice? If so, please provide a copy. NA
Was the complainant asked to sign any documents when you rejected him? Did he sign them? Please provide a copy. NA
Please describe in detail the events which led you to reject the complainant. Please provide names of those involved and the specific dates for each action(s).
NA
Please explain the following:
A. Recruitment and selection policy and procedures of Duke University regarding TA positions.
Already covered in previous question, see #3 above.
B. Was the complainant aware of these policies and procedures? If so, for how long?
Already answered, see # 3.
C. How was this policy enforced? By whom?
Duke University usually advertises TA positions at least two months in advance Via the registrar department.
D. Did this action take place for the Summer Semester of 2016? If yes please provide copy of the advertisement. If not, how did the complainant apply for the TA position for the Summer Semester of 2016? How are individuals notified of TA positions available?
I can't answer that question without checking with the registrar's office. The email was distributed to potential TA's in October. There were no courses in the summer 2016 I can't imagine why that communication was distributed. It will be like advertising positions that do not exist. \The complainant was selected for a position during the spring of 2016 and was familiar with the process for selecting TA's.
Have you rejected other employees within the last two years? If yes, please identify the employee by name and identify the veteran status, if known, date of rejection, contact information (to include address and telephone number) and please identify the offense committed and penalty issued to the employee.
Yes. I will defer to HR at the Divinity School.
Attorney: We can look into this and submit at a later time.
Have you identified any TA employee that has been rejected for not having teaching experience? Please explain under what circumstances they were rejected.
I can't recall from the top of my head.
Did you consult with any other management officials when deciding to reject the complainant?
NA
If yes, with whom did you consult, when and how did this consultation occur, and what was the substance of the consultation? NA
Please provide any documentation. NA
What advice did other management officials provide to you regarding rejecting the complainant? Other employees? Did you follow it? Why or why not?
NA
Why and how did you choose the complainant's rejection? Other employees' rejection? NA
Is Duke's rejection process spelled out anywhere? Is it given to employees? Was it followed here?
Defer to the HR department.
The Complainant alleges that he was retaliated against because of his veteran status and filed an informal complaint. Then, he was reinstated as a TA. He also stated that he is suffering from mental anguish resulting from his employment with Duke University. Are you aware of these allegations? Did you make any recommendation or plan to resolve these allegations? Please explain.
To the extent that I am here, I am aware as part of the investigation process.
Attorney: He will not be able to answer the second question. The plans to resolve it is to have Duke Employees talk with OFCCP and provide information to come to a resolution. Duke position is that the allegations are without merit.
Did the complainant's veteran status play a role in the decision to reject him after spring Semester of 2016? Please explain.
This is allegation.
The Complainant also alleges retaliation for asking questions concerning veterans because he was subsequently not invited back as a TA after spring Semester of 2016. What is your response to this allegation?
He was invited as a preceptor after Spring Semester of 2016.
Did the complainant's questioning about veteran status concern play a role in the decision of not being invited him back as a TA after Spring Semester of 2016? Please explain. No
Who makes the final decision on TA rejection?
I supposed me. The assignments are made and a slate is provided and I am looking at a pre-selected slate. I can't think of a time that I actually said, I am trying to understand the question. All the doctoral students will be assigned. There is always more that are left over that we can't always hire.
Can employees appeal rejection?
There is not a process within the divinity school that I am aware of. If there is one then I defer to the University HR.
What are the causes or reasons for rejection?
In general I will say the lack of positions. If you are on the list you are likely a qualified preceptor to be assigned.
III. EEO/AFFIRMATIVE ACTION:
How would you describe the workplace culture with respect to diversity and inclusion for veterans at Duke University?
The divinity school strives to be a welcoming environment to all and certainly to veterans.
Does Duke University have an EEO Policy? Please provide a copy.
Already provided to OFCCP with position statement.
Are supervisors held accountable for adhering to this policy? Explain how?
I believe so. That will be the work of the OIE office in the University.
Describe how Duke University shares this policy with its employees, applicants and managers.
The clear articulation of the policy is in our website. Defer to the HR process.
How does the University policy ensure that employees are not harassed because of their veteran status? How and when is the policy communicated to employees and managers?
Defer to the oversight of OIE and their support to the university to be aware of the university policy.
Who is responsible for checking the establishment for EEO postings? HR
How often does the check occur? I am not sure
Describe how Duke University shares this policy with unions, subcontractors, the public, and community groups.
I can't speak to this, but suspect that is in the provision of the office that takes this task and the website. OIE and HR.
When and what type of training did you receive regarding the company's EEO and/or harassment policy and any other of its Affirmative Action Program and EEO obligations?
I have not taken a course specifically.
Did the materials or training cover veteran status discrimination?
NA
Who provided the materials? NA
Who attended? Did you verify attendance? NA
Was the training required? NA
Describe the content (e.g. webinar, written manual, and live presentation). How often was it given? NA
Has Duke University ever used an equal employment opportunity or non-discrimination statement in any of its materials (e.g. employment manual)? If so, do the materials cover veteran status discrimination?
Defer to HR materials.
Does Duke University have an internal complaint process for discrimination, harassment and retaliation issues raised by employees? If so, does that process cover veteran status discrimination issues?
Yes.
IV. DOCUMENTARY EVIDENCE:
When did you become aware of the complainant's veteran status? Please provide date. Not long after knowing him.
Did you ask complainant about his veteran status? When? How? Where? How did you react? Explain.
No. Mr. Isaac published a book about his experiences in the military.
Do you know of other employees at Duke University who are veterans? If yes, have they ever mentioned discrimination or negative treatment? Please be specific.
Yes. They never mentioned discrimination or negative treatment.
How do you know about their veteran status?
Veterans usually have military items in their working space that could identify them as veterans or they tell others that they are veterans. I can't recall at this time how I got the information.
How do you know about their treatment? (e.g., personal observations, email, gossip, etc.)
Personal observation
Do you know of any veteran managers or supervisor at Duke University? If yes, have they ever mentioned discrimination or negative treatment? Please be specific.
Yes. No discrimination mentioned.
How do you know about their veteran status? Personal observation
How do you know about their treatment? (e.g., personal observations, email, gossip, etc.)
Is there anything else you would like to add at this time? No
The information I have provided above is true and accurate to the best of my knowledge and recollection.
Interviewee: [Signature redacted (b), (7)(C)]
Date: 12/7/2016
Compliance Officer: [Signature redacted]
Date:
