20161208 DOL Struble Interview
Employee Name: Danny Struble
Date: December 8, 2016 @ 9:15am
Race: White
Gender: Male
Veteran Status: Veteran Retired and Navy Reserved
Current Job Title: Associate Dean of External Relations
Starting Date in Position: May 1, 2013
Previous Position(s) with Duke University: No
Starting Date(s) in Previous Position(s): May 1, 2013
Starting Date with Duke University: May 1, 2013
Other Prior Experience: Previous President of Monetary College, from 2004 April 2013.
Education: PHD
I. BACKGROUND INFORMATION:
Is the current position you stated the same job and title that you had during January 1, 2015 – August 31, 2016?
Associate Dean of External Relations
If not, what was your job title?
NA
What are your current job duties as it relates to hiring TA employees? What were they during the period of time between 2015 and now?
No responsibility.
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).
Who supervises you? Dean of Divinity School
Describe the chain of command. I report to the Dean of Divinity School
What are the written policies or guidelines that bear on your role in TA hiring decisions? (Obtain a copy)
NA
Please explain the selection procedures for hiring TA employees.
NA
What are the criteria for selection? Who makes final decision? Is there oversight in your selection process? Who is involved? When is the veteran status captured for TA applicants?
NA
II. HIRING:
Do you know the complainant (Logan Martin Isaac)? How do you know him? When did you know him?
Yes.
How long have you known him?
I met him for the first time I April 2016. He had indicated to Ellen Davis that he was unhappy about veteran treatment and she referred him to me because of my status as a veteran not because I have any responsibility for veterans at the divinity school. I arranged a meeting with him and my first time to meet him was at that meeting. My role was to listen to his concerns.
What is your employment relationship with the complainant?
None.
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 it is alleged that she referred this issue to you for further investigation. Please describe:
a. The concerns of the Complainant that were brought to your attention: What were the concerns? Who were involved in the team you created to resolve the alleged concern? Where did this take place? What were the outcomes?
He was unhappy about many things. He believed that the veterans were not treated well, that he was only reluctantly assigned to a preceptor position, and was given a position that was populated with fewer students than the norm, that the divinity school should have a person responsible for veterans issues, that he was accepted to the MTS program rather than the MD program that he originally applied for, that the was not accepted to the THD program. The concern about veteran students was including him. He made a lot of concerns related to his veteran status; he didn't use other individuals who were veterans as examples for his complaint. At least as I recall. We had a meeting with people that were directly related to the issues that he raised, with the Interim Dean, Ellen Davis, myself who suggested the meeting, [redacted], and [redacted] responsible for preceptor hiring. The meeting took place in the Deans office. This was a meeting with people with responsibility in this area. There was no follow up meeting.
b. The recommendations you provided to Ellen Davis as a Dean of External Relations:
We could work to improve conditions for veterans and reach out to some of our graduates who are the Chaplains of the Marine Corps and bring them to campus to listen to veterans and hear their concerns. I am not sure if there was anything else. My action item was to meet with the Chaplain and encourage his participation. I met with him and he agreed to come and we are working on scheduling his visit now. It will be for this coming spring 2017 semester. Last week the president from the Veterans group met with the faculty to discuss veteran's issues. Logan was not at the meeting and no feedback was provided to him. I reported to the Dean about my meeting with the Chaplain and I assume that others reported to her about their actions.
Flyer issue: [redacted (7)(C)] told Logan that he represented him on this flyer and has to take it down or not wanting to do anything with him in the future. All of this I have heard from others. [redacted (7)(C)] said that there was a conflict between something Logan was doing with the flyers. The divinity school didn't create a flyer. [redacted (7)(C)] said that the flyer had his picture and misrepresented him.
c. Any implemented recommendations: Improvement of Veterans concerns
d. Any strength or weakness of the recommendations: Positive recommendations
e. Any follow up on the recommendations: I met with the Chaplain to address the Duke veteran community in 2017.
f. Any plans to meet the concerns of the complainant: The president of veteran group met with the faculty of school of Divinity this week and discussed veterans concerns.
g. Any working connections with the complainant: The complainant has not been contacted to discuss which recommendations are going to be implemented.
h. Any feedback from Ellen Davis or your team on this issue: The meeting with the Chaplain has been reported to Ellen Davis.
i. Please explain if the complainant was talking about non-favorable treatment of veteran students, veteran employees or both. (Both)
From his time as a student began even with the MA of Divinity which is a 3 year ministry, and he was accepted to the MA in theological studies, since he indicated in his application that he was interested in the academic study since he may pursue a THD program. Within his time as a student he didn't say very much that he was treated unfavorable. I can't recall examples. His time as a preceptor, he was assigned an unfavorable section and that he had fewer students and other and he took that as an indication that he was treated unfavorably.
In the meeting I indicated that I met with the person he indicated and that he had concerns about veteran's treatment and that he was having. The meeting was not about Logan, it was about how we could do better about our veteran's students.
Logan used his particular example as veterans are not treated fairly. They were all in the past, all of his concerns; it was about creating a more favorable climate in the divinity school. His case was the reason why we had the meeting. There was not agenda created for this meeting. He did receive feedback because he was unhappy that he wasn't at the meeting. I know I have email communication but I can't recall what specifics. He had ongoing meetings with [redacted (7)(C)] so he received feedback. I have no responsibility in the area of assigning preceptors.
j. Did you know about the recent flyer removal posted by the complainant? When, why did it happen? Please explain/ See previous question, #11 b above.
Have you rejected other employees within the last two years? If yes, please identify the employee by name and identify their 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.
No.
Have you identified any TA employee that has been rejected for not having teaching experience? Please explain under what circumstances they were rejected.
No
Did you consult with any other management officials when the complainant was rejected after Spring Semester of 2016?
No
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
Is Duke's rejection process spelled out anywhere? Is it given to employees? Was it followed here?
NA
Please provide any documentation. NA
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.
Objection from attorney: facts are being disputed.
I am. He made the allegations to the OIE and they did an investigation. I was called to talk about my involvement with Logan. They explained to me that I will not see the result of the outcome of the investigation but the complainant will. They asked me about my meeting with Logan and my meeting with the Dean and two others that I told you, and my follow up actions.
Did the complainant's veteran status play a role in the decision to reject him after Spring Semester of 2016? Please explain.
He was not rejected.
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 never retaliated against. He was in fact hired as a preceptor.
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.
Who makes the final decision on TA rejection?
NA
Can employees appeal rejection?
NA
What are the causes or reasons for rejection?
NA
The Complainant alleges meeting with you and others to discuss his concerns. Who were present at this meeting? Where did this meeting take place? When did this meeting take place? What were the outcomes?
No meetings occurred between the complainant, myself and others together.
The Complainant also alleges that he told you that "the experience of student veterans at Duke University should make other veterans like you angry". Do you remember this comment? When was this comment brought to your attention? Where did this happen? Who was present when this took place? Did you bring the University AAP for veterans to the attention of the Complainant's hiring manager? When did that happen? Where did this happen? Why was the AAP given to the hiring manager? What was the purpose of this? What was the ultimate outcome?
Yes. The comment was made in my office. Logan is very angry and I commented that is clear that he is very angry. He responded I am angry and it should make you angry also. I am not angry. I have been treated very well. My experience with other students at the divinity school both military and veterans, some active duty, is that they are treated well.
They are times that they are misunderstood but they are not angry. I have no interaction with Kori Robbins. I don't know, I know that there is an AAP and that after our meeting I downloaded our AAP and read it. I didn't take the AAP to anyone; however it is well understood by those of us that do hire, that Duke has an AAP and that we do not discriminate against people of any different categories. Duke is one of the best employers that I worked for, their policies are clear and there is a great deal of support. We have processes for hiring people and are clear that we don't discriminate.
We didn't hire preceptors for the summer. They hire language instructors and Logan was not a language instructors. He wasn't hired because there was not a position for him.
1st round TA's are selected from THD students which is a requirement of that program. After there is a registration and then they go out and hire others. Logan was hired in the second round which is appropriate. The hiring manager was never aware of this complaint and she wasn't involved. There is no connection.
III. EEO/AFFIRMATIVE ACTION:
How would you describe the workplace culture with respect to diversity and inclusion for veterans at Duke University?
Excellent
Does Duke University have an EEO Policy? Please provide a copy.
Already provided with position Statement
Are supervisors held accountable for adhering to this policy? Explain how?
Yes.
Describe how Duke University shares this policy with its employees, applicants and managers.
In the orientation process there is a checklist of things that people need to be aware of and I believe that this is one of them. The way that it works out, is when you post a position you are made aware of the requirements. We have an HR person who works on this and the hiring 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?
The University makes sure that people are not harassed period. People are aware that there are several categories that are covered and veteran status is one.
Who is responsible for checking the establishment for EEO postings?
In the Divinity School, the HR manager is responsible for the hiring process and is [redacted (7)(C)] who reports to Bob Kanevel.
How often does the check occur? Whenever a new regulation or posting comes up
Describe how Duke University shares this policy with unions, subcontractors, the public, and community groups.
I am not aware.
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?
Not formal training.
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, 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?
Yes, Duke University AAP covers equal employment opportunity or non-discrimination statement and the materials cover veteran status discrimination also.
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, the internal complaint process for discrimination, harassment and retaliation also covers veterans.
IV. DOCUMENTARY EVIDENCE:
When did you become aware of the complainant's veteran status? Please provide date.
When his complaint was referred to me by Ellen Davis on February 29, 2016.
Did you ask complainant about his veteran status? When? How? Where? How did you react? Explain.
He disclosed his veteran status on April 1, 2016 when he came to my office.
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. No discrimination or negative treatment mentioned.
How do you know about their veteran status?
Self-disclosure or included in their biography
How do you know about their treatment? (e.g., personal observations, email, gossip, etc.)
See # 42 above
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.
I know of one besides myself. No discrimination mentioned or negative treatment.
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]
Date: 12/8/2016
Compliance Officer: [Signature redacted (6), (7)(C)]
Date:
