20161208 DOL Clinton Interview
Employee Name: Cynthia Clinton
Date: December 8, 2016
Race: Black
Gender: Female
Veteran Status: Non Veteran
Current Job Title: Assistant VP Harassment and Discrimination Compliance
Starting Date in Position: 19 years ago maybe started in 1997
Previous Position(s) with Duke University: None
Starting Date(s) in Previous Position(s): NA
Starting Date with Duke University: 1997
Other Prior Experience: I used to practice law in employment discrimination and sexual harassment. This was back in 1990-1997. Represented claimants and some defendants based on race, age, disability sexual harassment and worked with clients on sexual harassment cases.
Education: Law Degree
I. BACKGROUND INFORMATION:
Is the current position you stated the same job and title that you had during January 1, 2015 – August 31, 2016?
No
If not, what was your job title? In 2015 my title was Director of Harassment and Discrimination Prevention and Compliance.
What are your current job duties as it relates to hiring TA employees? What were they during January 2015 to August 2016?
I don't hire any teacher assistants at all.
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).
I have one employee that I supervise. [redacted (7)(C)], the scope of [redacted] work is broad but she helps to implement the program. Dr. Ben Reese is my supervisor. I directly report to him.
Who supervises you? Dr. Ben Reese
Describe the chain of command. I report to Dr. Ben Reese only
What are the written policies or guidelines that bear on your role in hiring decisions of TAs? (Obtain a copy)
None
II. HIRING:
Do you know the complainant (Logan Martin Isaac)? When did you know him?
Yes I do. He contacted my office maybe in late summer early fall of 2016 and talked with me briefly indicating that he talked with some other individuals in my office, [redacted (7)(C)], about some concerns he had. He wanted to meet with me to discuss his concerns. He didn't go into any details, but the lack of the number of veterans within the divinity school. After we talked more he was focused on students but he also mentioned some staff. He said he was one of the few veterans at the divinity school. A few months later, he spoke to me about personal concerns. First he said the divinity school doesn't have enough veterans there, it was a broader issue about the number of veterans at the divinity school.
We talked for a while and it took a while to crystalize the complaint, he said his confidentiality was breached, he perceived discrimination around him being a veteran and retaliation because he told someone about the lack of veterans in the divinity school. According to Logan he had a conversation with Davis and she referred him to Dan Struble. He said that he talked with them in confidence. Dr. Struble said that if he wanted something to happen he couldn't imagine it being in confidence. Dr. Struble and others met to increase awareness and increase representation in the divinity school. Logan perceived this as a breach of confidentiality. Information was shared with Davis, Struble, and Jeff Conklin-Miller. These administrators talked about raising awareness of Duke Veterans, and they didn't talk about Logan on personal level.
I interviewed Kori Robbins and she wasn't aware of the meeting at that time. She said he wasn't rejected; he was hired as a preceptor both times he applied.
How long have you known him?
Since Fall of 2016
What is your employment relationship with the complainant?
None.
What role did you play in rejecting the complainant for 2016 Summer Semester assignment?
NA
Why was the complainant rejected? NA
How was he notified? When? 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 provide names of those involved and the specific dates for each action(s). NA
On February 29 2016, the Complainant, Logan Martin Isaac, "allegedly" brought his concerns about how veterans are treated at Duke University to the Interim Dean, Ellen Davis. As a result Dan Struble "allegedly" formed a team to investigate the alleged veterans concerns. How many Duke University officials did you interview to ascertain the alleged veterans concerns? Please list the names of these Officials and the responses and recommendations you obtained from each Official.
I interviewed four high ranking officials:
Ellen Davis, Interim Dean said she recalled talking with Logan. I can't imagine I told him to talk to Struble in confidence because it wouldn't be reasonable. He said that he was also upset because he wasn't invited to the meeting. She said that it was a small meeting in her office and Logan being there it would have been inappropriate. We didn't discuss him but we quickly moved and focused on the strategies to increase veterans concerns in the divinity school. I questioned them if there was any annoyance of him bringing it up; she said no, we were grateful that he brought it up, so we could enhance the veteran's experience. I think she had one before this meeting. Not sure if there was an email exchange, not sure.
Dan Struble: Logan spoke with him about the small number of veterans in the divinity school. There should be more activities focusing on veterans. Not enough things for veterans at the divinity school. Those type of things. Dan doesn't hold any role as an administrator to implement any veteran issues, but he is a veteran himself. He is the Director of External Relations.
Jeff Conklin Miller: he said the meeting was productive and that they could increase the activities to address veterans concerns. Nobody seemed annoyed and there was no talk about Logan not being hired as a TA. They talked about several things, and they talked about bringing in a veteran and they had a service at the divinity school and a veteran lead the service. This is one of the examples they provided.
[Redacted (7)(C)] he said that he remember the meeting being positive and not focused on Logan. They talked about being inclusive and have a more enhanced environment for veteran students and staff. The Dean wanted for them to sit down and come up with some strategies. Another example was that they had a student panel discussion. I am not sure if Duke has a veteran's center. I work on the administrative side. I know there is a Women's Center. We have an office that accommodates disability management office manages our disability process.
Have you conducted any analyses regarding treatment for veteran's vs non-veteran TA employees? Employees in general?
I have not. My work focuses on individual complaints.
Please provide any documentation. NA
How many veterans' complaints have been filed (2015 to present)? How many were investigated? Results? NA
Only one based on veteran status. There was insufficient evidence to substantiate violation of policy.
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.
I am aware of the retaliation allegation and I investigated that. I don't recall the mental anguish part. When I interviewed Ms. Robbins she talked about the process and she said that he was given a preceptor position. He was hired before I started investigating the complaint. He wasn't reinstated at all. Kori Robbins said that for preceptors THD have preference since it is part of their program, THD. Professors can request preceptors, if they have any slots left then they can hire others. It could be like a 100 preceptors applying and three classes left. I think Kori sent out an email asking if you want to be a preceptor please let me know.
Did the complainant's veteran status play a role in the decision to reject him after the Spring Semester of 2016? Please explain. NA
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 were the results of your investigation into these allegations?
I interviewed Logan. Breach of confidentiality and he felt he was discriminated because of his veteran status because he wasn't accepted into the THD program and maybe that he wasn't given any more preceptors classes because he raised issues about veterans. My conclusion is that there wasn't enough information to conclude that he wasn't discriminated against because of his veteran status. There is no appeal process but they can go to Ben Reese and voice their concerns. I always tell them that if they have any other information that will or may change the decision please let me know. Logan was teaching a course in the political science department not in the divinity school. Logan asked [redacted (7)(C)] to come in and speak to the class. Logan created these flyers with her picture on them and it appeared that she was co-teaching the class, which it was not accurate. It appeared that [redacted (7)(C)] will be teaching the course. He was asked to take the flyers down since Logan posted the flyers in the Divinity School. Also the flyer made it appear that [redacted (7)(C)] was teaching which it was inaccurate, and she asked him to take it down. Instructions were that if he didn't take the flyers down by 2:00pm then they will take them down. That was what happened. Logan was supposed to teach the course.
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 the results of your investigation into this matter. No
Was the complainant interviewed? NA
What information led to your final recommendation? What was the final recommendation? Can it be appealed? Explain the process. NA
Who makes the final decision on TA rejection?
Kori Robbins presented the slate to Jeff Conklin-Miller and he makes final decision of the slate.
Can employees appeal rejections?
The is no formal appeal process
What are the causes or reasons for rejections?
NA
III. EEO/AFFIRMATIVE ACTION: Cynthia was not asked section III (17-33)
How would you describe the workplace culture with respect to diversity and inclusion for Veterans at Duke University?
IV. DOCUMENTARY EVIDENCE:
Does Duke University have an EEO Policy? Please provide a copy.
Are supervisors held accountable for adhering to this policy? Explain how?
Describe how Duke University shares this policy with its employees, applicants and managers.
How does the company policy ensure that employees are not harassed because of their veteran status? How and when is the policy communicated to employees and managers?
Who is responsible for checking the establishment for EEO postings?
How often does the check occur?
Describe how Duke University shares this policy with unions, subcontractors, the public, and community groups.
When and what type of training did you receive regarding the University's EEO and/or harassment policy and any other of its Affirmative Action Program and EEO obligations?
Did the materials or training cover veteran status discrimination?
Who provided the materials?
Who attended? Did you verify attendance?
Was the training required?
Describe the content (e.g. webinar, written manual, live presentation). How often was it given?
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?
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? Please explain the process.
When did you become aware of the complainant's veteran status? Please provide date.
In the fall. Logan self-disclosed his status.
Did you ask complainant about his veteran status? When? How? Where? How did you react? Explain.
Self-disclosure.
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.
Dr. Struble is a veteran and I have not heard him talk about veteran negative treatment
How do you know about their veteran status?
Self-disclosure
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? YES If yes, have they ever mentioned discrimination or negative treatment? Please be specific.
No.
How do you know about their treatment? (e.g., personal observations, email, gossip, etc.)
N/A
Is there anything else you would like to add at this time?
I conducted a very through and sincere investigation, but did not find any retaliation.
The information I have provided above is true and accurate to the best of my knowledge and recollection.
Interviewee: [Signature]
Date:
Compliance Officer: [Signature redacted (6), (7)(C)]
Date: 12/8/2016
