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DATE

CONFIDENTIAL MEMORANDUM

Andrew Tab, President Dine College Board of Regents

Board of R~nts, Members

··~--->(k;;; -Colbert Dayzie, Investigator

Investigation Report Re: Employees Allegations against Dine College President

July 17, 2010

I. Introduction

The Dine College administration received several verbal and written complaints from its employees apout Dr. Ferlin Clark, ('~President"). The administration is concerned about the operation and the welfare of the college. The Administration, therefore, commissioned an investigation specifically to look into allegations of a hostile intimidati.ng working .environment, preferential-treatment of select few and whether the President has been working in compliance with all applicable Pine' College policies and procedures. Tht( Interviews relating to the same are included in this report ·below.

II. Executive Summary

Presently, within the Dine College organization there appears to be two opposing groups. The first group of employees consists of those that are not complaining. The other group consists of those employees who believe that they were singled out, harassed and/or intimidated by the President.

On February 8, 2010, I met with Dine College attorney and a copy of Dine College Personnel Policies and Procedures and written copies of complaints about the President and allegations of hostile intimidating working environment were provided. Originally thirteen employees were complainants but six had left their employment with Dine College. Most of the employees or complainants are employed in the Tsaile and Shiprock Dine College campuses.

Between February 22, 2010 and April14, 2010, I interviewed about 35 Dine College emplqyees, including the President, in Tsaile, Arizona. The individual interviews were held in a private room away from everyone else. There were no interruptions or outside interference when the interviews were conducted. Each interviewee was informed of the purpose of the investigation; that collections of their specific complaints were being gathered about the President, and that the inforn1ation is

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being collected for the Dine College Board of Regent's use. Further, the interviewees were informed that the information/documents would be used by the Dine College to determine whether the complaints are substantiated, or are without merit, and how to resolve those problems, if any, if those issues exist.

For this investigation, I had an opportunity to review the following documents: 1.) Pine College employees written complaints and documents; 2.) Dine College Personnel Policies and Procedures Manual, dated May 17, 2007; 3.) Office of Finance and Accounting Procedures; 3.) Dine College Motor Vehicle Hand Book; 4.) Dine College Student Code of Conduct, dated August 16, 2008; 5.) Navajo Nation Ethics in Government Law; 6.) The Navajo Preference in Employment Act; 7.) Kesoli vs. Anderson Security Agency, No. SC-CV-01-05 (2005); 8.) John Goldtooth vs. Naa Tsis'aan Community School, No. SC-CV-14-04; and, 9.) Toledo vs. Bashas' Dine Market, No. SC-CV-41-05.

During the interviews, most of the complainants were extremely concerned about possible retaliation against them by the President. They feared that by fully discussing or bringing forth their complaints and concerns, they might lose their job with Dine College.

Nevertheless, the interviewees wished that their concerns get addressed whether it is a problem with recent and frequent policy changes and/or problems with the President. The interviewees were reserved to talk at first but I told them that I am aware that they had expressed their complaints whether in writing or verbally to the Dine College management and/or the Board of Regents. Some of the statements made by the Dine College employees 9o not directly relate to alleged hostile work environment, favorable treatment of certain staff or whether the President has been working in compliance with all applicable Dine College policies and procedures, nor was there any indication of an organized effort to purposefully disparage the character and reputation of the President and/or discredit the Dine College.

III. Findings - Interviews

The interviewees were individuals who submitted written or verbal complaints and/or those individuals whom had knowledge related to the allegations set forth above. The thirty-five interviewees, including.the President, interviewed relating to the same is included in this report below.

A. Tsaile- Dine College Campus

(1.) Interview with Jolene Wheeler

On February 22, 2010, I interviewed Jolene Wheeler, "Wheeler", Controller, at Dine College in Tsaile, Arizona. Wheeler stated that she has worked for Dine College off and on for about three years. As the Controller, Wheeler is responsible for enforcing policies and overseeing the finances of the Dine College. Wheeler oversees three departments.

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Wheeler has a Bachelors of Arts degree in Accounting and most of her prior work experience involved Accounting. Wheeler's immediate supervisor is Ronald Belloli, Vice President of Administration and Finance, Dine College.

Wheeler stated that her complaint was against Perlin Clark, President, of Dine College. Whe~ler stated the complaints stems from her review of accounting statements while she was reconciling bank statements and found discrepancies such as expenditures of grant funds like the Wisdom of The People grant. Wheeler added that she also learned that the grant was not monitored so she started asking questions and she brought those concerns to the attention of Vice President Belloli. Wheeler added that she learned that there were some checks made out to employees without any documentation. Wheeler stated that she found that the checks were signed and disbursed by the former Controller, Pauline Frank. Wheeler added that the President had signed off on the checks. Wheeler stated Pauline Frank, former Controller, is no longer employed by the College.

Wheeler added that when she brought this matter up to the attention of Vice President Belloli, President Clark didn't like the fact that she brought it up and disclosed the issuance of checks. After reporting her finding, Wheeler stated that she noticed that the President started avoiding her office and he stopped coming around as he did before the disclosure. Wheeler purports that the President oft.en pushed things through her office for approvals. Many times the President has gone to Pauline Frank to get approval through the Finance department.

Wheeler stated that her other complaint-against the President is funds ($50.00) taken out of his payroll account (salary) that is designated as DC President s·cholarship Funds. The funds go into an account with Wells Fargo Bank and are supposed to be intended to help students pay their bills. Wheeler added that the Scholarship account that the President has set up had no guidelines for its disbursement of funds. Wheeler stated that there is no written procedure for the funds as to how the Scholarship should be used and that the President donated into the Scholarship Funds.

Due to the lack of a guideline for the Scholarship Funds, Wheeler purports that the President took back One Thousand Five Hundred Dollars ($1 ,500.00) when he was first suspended from his position. Wheeler added that this particular fund is marked as miscellaneous scholarship account. Another problem that Wheeler has with the scholarship is that the funds are disbursed to only those students that the President deems deserving. Wheeler added that the funds only go to certain students selected by the President. Wheeler added that she does not know whether the Scholarship is open to all other DC students. Wheeler added that from her past experience with the Scholarship, the President only wanted funds from the account to go to only certain students he selects. Wheeler added that she is concerned that this DC Scholarship account does not follow the standard scholarship disbursement guidelines.

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Wheeler stated also that she had a complaint against the current Vice President Elvira Largie for violating the chain of command by going directly to her subordinates without her knowledge or consultation.

According to Wheeler, in the Fall of2009, Vice President Largie was in need of purchasing some airline tickets for a large group of Din~ College employees for a trip to Institute for Educational Leadership training. Wheeler added that Vice President Largie demanded that her Finance staff purchase airline tickets immediately. Vice President Largie demanded that her subordinates process a purchase requisition ("PR") despite the lack of proper or necessary authorization or supporting documents needed to secure and process a PR.

Wheeler added that the payment for expenses for the travel was coming from federal Title III Grant Account, a professional development fund. Wheeler added before any of the grant could be used the requester needed an approval from the Personal Investigator, or the overseer of the grant. Wheeler added that at the time of the request, Vice President Largie did not have the necessary approval or supporting documentation to expend the grant funds for airline tickets. Wheeler added that this practice is not within their policy and procedure for using the federal funds and it concerned her.

According to Wheeler, if these funds are to be utilized for professional training than the Human Resource Department must also be involved. The HR department must sign off on the department's training request. The request lacked the proper supporting documentations so the RDP was returned to Vice President Largie's office. Wheeler ·added that she informed Evelyn Meadows of the Human Resource Department. Wheeler added that Vice President Largie was Acting President when she was attempting to process an RDP for airline tickets without the necessary supporting documentation.

Wheeler added that after she returned the RDP without her approval to Vice President Largie, she called the President. Wheeler contends that she couldn't process the RDP because the request lacked the supporting documents or the approval of the Personal Investigator authorizing the expenditure of the federal grant fund. Wheeler added that what Vice President Largie was attempting was outside of the norm because proper procedure requires that a travel authorization be prepared, processed and approved before any airline tickets are purchased. In addition there must be approval for the expenditure of grant funds.

Wheeler added that Vice President Largie wanted her staff to bend the policies and to go ahead and purchase the airline tickets without compliance with proper procedure and without all of the approvals. Wheeler added that she could not bend the policies and process the RDP without authorization and supporting documents. Wheeler stated that she explained the policies and procedures to both the President and Vice President Largie and that the request must accompany approval before the grant funds could be utilized for training. Wheeler added that both Vice President Largie and the President were trying to convince her to just approve and purchase the airline tickets but she stood her grounds.

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Wheeler added that the matter escalated to a point where Vice President Largie started harassing her staff; namely, Herman Tsosie, purchasing agent. Herman was uncomfortable with her attempting to purchase the airline tickets without the supporting documents or approval for the expenditure of funds. Wheeler stated that Vice President Largie was disrespectful to Herman Tsosie. Another thing that Wheeler disliked with was that the Vice President attempted to take Herman Tsosie's Dine College credit card with her on her trip. Wheeler purports that this is one of the many incidents she has encountered with the Vice President Largie. Wheeler added that she reported the behavior exhibited by Vice President Large to her supervisor Vice President Ron Belloli.

Wheeler added that the Title III Grant Eunds were primarily set aside for professional Faculty development. Wheeler added that she discussed with Cindy Bitsuie, Grants Account Overseer, her concerns about the use of those grant funds. Wheeler stated that it is Bitsuie's opinion that the Vice President and employees can use the grant funds under the expanded authority clause and that the PI had discretion how to use those grant funds. Wheeler added that she however disagrees with that interpretation in using an expanded authority clause Cindy Bitsuie used. Wheeler added that the expended authority clause is a stretch and it is creative language to use the grant funds.

Wheeler added that some employees were not faculty who were part of the trip and they utiliz~d the federal Title III grant mon~y that was basically for faculty professional development. Wheeler added that some of the non faculty employees used these funds initially but on the group's second trip the non-faculty used the college's general funds to attend the leadership training. Wheeler added that she didn't know the intent of the developing leadership skill program. In Wheeler's opinion she felt the trip was not helpful to the college but it was mostly a loyalty reward trip to bring a select group of people into the President's inner circle and more under his influence. Wheeler added that she was also asked by the President to participate in the leadership program but she felt that it would be mostly for her benefit and not the college so she declined to participate. Wheeler is concerned about the criteria used in the selection of the participants to attend this particular leadership program and trip. Wheeler added that it was her job to monitor the grant funds and that the expenditures remain in the boundary while using various funds and grants the College received.

In another incident that involved Vice President Elvira Largie, she demanded a stipend payment to Clifford John for the time he served as an Acting Athletic Director. Wheeler added that Vice President Largie pressured her into processing a purchase :requisition for the payment to Cliff John for his interim Acting A:1hletic Directorship at Dine College. Wheeler stated that the request was coming from the President because each time Vice Pres'ident Largie demanded payment she said, "It's per the President that Cliff John should be paid". The total amount the Vice President sought for payment was $9,000.00 dollars. Wheeler however disagreed with the method of payment by using a purchasing requisition. Wheeler added that stipend payment should have gone through payroll rather than utilizing the purchasing requisition. Wheeler added that Vice-

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President Largie constantly demand payment because Clifford John had threatened them to quit if he didn't get his money.

Wheeler added that Vice President Largie pressuring her and staff was an attempt to have her department break policy such as the incident of Vice President Largie going directly to subordinate Herman Tsosie without her knowledge. After this incident, Wheeler added that the President stopped acknowledging Herman Tsosie or Raychelle Leonard. Wheeler added that Vice President Largie had complained to the President and the President then stopped acknowledging her staff and department. Wheeler stated prior to the incident with Vice President Largie, the President shook hands with her and staff. Sometimes later, Wheeler added she was in the elevator with other employees when the President got in but he failed to acknowledge or shake hands with her while he shook hands with the other employees in the elevator. Wheeler stated what happened to the K'e principle that the President always openly talked about and publicized in public. There is a big difference between what the President says publicly and what he does at the college. The public does not see what he does with the employees. Wheeler added that Vice President Largie and the President completely stopped coming into her department in person but rather they sent their assistants to bring in paperwork that their departments wanted processed.

Wheeler further stated that she also experienced unfavorable treatment because of her policy enforcement and refusing to violate policy for both Vice President Largie and the President. As an example, Wheeler stated when Vice President Ron Belloli was out of his office she was delegated Acting Vice President of Administration and Finance. Part of that responsibility, Wheeler was required to attend the President's Executive Council meeting sessions. Wheeler added that the meeting she attended was just before Christmas 2009. At that Executive Council meeting, the following executive staff present were: Clifford John, Vice President Largie, Vice President Curtis Ray Benally, Robert Yazzie, the President, Thelma Johnson, Ron Belloli's assistant there to take notes and her.

Wheeler added that she had submitted a written complaint against Vice President Largie for the way she had treated her before her delegation and attending the Executive Council meeting with the President's executive staff. At the Executive Council meeting, the staff gave their daily department reports. At the meeting, Vice President Largie brought up the written complaint that was filed against her. Wheeler added that she felt the intent of that Executive Council meeting was to confront and get back at her. Wheeler stated that the meeting was a vehicle for Vice President Largie to launch her allegation against the finance department staff that they did not get paperwork done in a · timely manner and the requests for processing requisitions were not getting done or processed.

Wheeler added that she does not give preferential treatment to any one and the paperwork brought into her department is processed as the documents are received. She added that her staff also time stamp all in-coming requests or paperwork that are going through the Finance office for review, processing and approval. 'Wheeler added that Vice

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President Largie jumped on her because of her written complaint that she had filled. Wheeler added that Curtis Ray Benally also jumped in on her because he had wanted the Finance department to purchase a new desk that he wanted. Wheeler added that she told the group that the cost of getting the desk was excessive. She stated that the shipping cost for the desk was more than the cost of the desk so she thought that it was not a good use of the college funds. Wheeler said, "The shipping was too expensive." Wheeler added that Vice President Largie was relentless and continued to come at her for her filing of her written complaint. Wheeler added that she stood her grounds. She added that she told the staff that they needed to follow established procurement procedures and that the policies are there and needed to be followed. Wheeler stated that it is not proper to expend funds without the proper documentation.

Wheeler added that the Dine College received 14 million dollars from the Federal Government and another 4 million dollars from the Navajo Nation to operate. Wheeler added that grantors usually establish guidelines and procedures for spending the funds they give to the school. Wheeler added that it is unfortunate that the executive staff has the mentality that the funds are there to be expended anyway that they choose. Wheeler stated that there are certain restrictions in place on how the funds are to be used. Wheeler stated that she spent some time explaining to the participants, Vice President Largie, and the President that they have to adhere to the policies and procedures in utilizing the funds.

·After much explaining, Wheeler added that the President finally told his staff to observe the established expenditure procedures. Wheeler added that she explained to them that it was her job that the college's policies are obseJVed. Wheeler added that she also reminded them that they were there for the students. Wheeler further stated that the college was an entity and the students and employees are part of that entity.

Wheeler purports that the purpose of that Executive Committee meeting was to ambush her an~ an attempt to get her to agree to or persuade her to bend the rules in her office for their benefit. Wheeler concluded that the President made the statement that the group was not asking her to bend the rules. In reply, Wheeler stated that if they have a problem with th~ policy then they ought to change ft. Wheeler added that she felt that both Vice President Largie and the President did not know about the policies that are established on how the funds should be used. Wheeler then stated that at the end of the executive committee meeting Curtis Ray Benally and Robert Yazzie came up to her and shook hands with her.

Another complaint Wheeler stated against the President for not following the Personnel P9licies and Procedures Manual is protecting his friends working at Dine College. Wheeler added that while Clifford John was acting athletic director he had two of his staff received traffic citations while operating Dine College's vehicle. The traffic violations happened while on their away coaching trips. Wheeler added that the Personnel Policies and Procedures Manual states that if an employee violate traffic regulations while operating a college's vehicle, they should be disciplined for their action. Wheeler added that in the two cases, Clifford John, as a supervisor, failed to discipline both individuals as specified in the policy manual. Wheeler added that the President instead attempted to modifY the table of penalties section ofthe personnel

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policy and that such attempt could be found in the board minutes where he tried to make changes to benefit his friend Clifford John so that he may not discipline his staff.

Wheeler further stated that the President gives preferential treatment to certain staff and that he doesn't treat all employees the same. As an example, Wheeler stated that before Vice President Largie moved into her on campus apartment it underwent extensive renovation, including an air conditioning unit being installed, washer & dryer installed, carpet installed, chain link fence installed and a carport was also added. Wheeler added that none of the other staff, the other Vice President or any of the upper management staff received comparable treatment like the kind Vice President Largie received. ·

Moreover, Wheeler added that it was odd that the President personally picked up the apartment keys for Vice President Largie when she was moving into her apartment. Normally, the President does not pick up an apartment key for any employee. Wheeler stated that due to Vice President Largie not coming in herself to get the apartment key, the lease agreement for the unit was not signed by her and that caused delay for about two months. As a result, the college was not receiving rent on Vice President Largie's unit or payroll deductions for the rent activated. But once the lease agreement was prepared, the department took out the owed funds and lump payment and for doing that Wheeler said that policy was not followed and violated by the Vice President. Wheeler believed that the President promised Vice President Largie free housing and as a result she was not cooperating in signing her housing lease contract.

Wheeler stated that Vice President Largie continued to disregard established policies. As aii example she stated that Vice President Largie was told not to take her assigned vehicle home and that it was not for personal use. The problems her staff encountered was trying to get mileage reports from Vice President Largie. To get the mileage report they have gone to the President but he would not tell her to submit her mileage report so instead she had to go to Vice President Belloli to get her to get the mileage log from Vice President Largie. Vice President Largie refused to prepare the vehicle mileage reports. The DC purchased a new unit' for the President and he gave Largie his old unit. The vehicles were Dine College. According to Wheeler, there are two different types of vehicle. The Dine College vehicles are vehicles purchased by the college and the government general service administration vehicles are leased vehicles from the government. Wheeler added to avoid Vice President complying with the established procedures on vehicle use, the President tried to get around the policy by purchasing another vehicle for his use and giving his used DC vehicle to Vice President Largie.

Wheeler added that the President's vehicle use is part of his contract however with the Vice President she does not have that in her job description nor does she have a contract assigning her a vehicle. Wheeler added that the Vice President has tried to construe her (Wheeler) enforcement of Policies and Procedures as harassment. Wheeler added that Vice President Largie continues to drive the College vehicle (the Tahoe) to Tohatchi, New Mexico. Wheeler added that by reviewing fuel purchase receipts she

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l}nows where the vehicle has been used and taken. Wheeler stated that she knows that the Vice President has taken the vehicle back to Tohatchi because she has receipts that show that the fuel was purchased at Tohatchi and in addition to that there are no travel authorizations to cover the Vice President taking the vehicle home to Tohatch.

In a separate vehicle use problem with Curtis Ray Benally, he was also assigned a vehicle and he was taking it home to Farmington but once he was told he could not do that he stopp~d doing it. According to the Wheeler there are questions as to equal treatment. Whereas in Curtis Ray Benally' s circumstance, he utilized his assigned vehicle and parks it at the Shiprock motor pool. Wheeler added when the general services department told Curtis RC\Y .Benally that he could not take his assigned vehicle home he understood but with Vice President Largie she will not listen.

Wheeler added that the President tried to circumvent the College policy prohibiting employees taking vehicles home by preparing a memo for this one person, Vice President Largie. Wheeler further stated that by not requiring Vice President Largie to follow college vehicle use practice and policy, he is encouraging policy violation and giving obvious preferential treatment to her.

Wheeler stated there is obvious favorable treatment just by looking at the massive renovation that was done for Vice President Largie on the third floor of the Ned Hatathli Center building. Wheeler added that there is close to $50,000 dollars that was being spent for the renovation of the Vice President's office. Wheeler felt that this is excessive and could not justify spending money for French doors and to installing wood floors. In addition Wheeler stated that the President made sure that these funds were kept under 65 thousand dollars so that it would not need to go to the Board of Regents for approval fm; expenditure of those funds.

Wheeler stated she did not understand why spending a lot of money for renovation of an office because the Vice President is never in the office and was always out traveling. Wheeler stated that the funds could have been better used to improve other parts of the college. In addition she did not know if any of the grant funds were used for any ofthe renovation or.purchase of fixtures for Vice President Largie's office. Wheeler added that this was definitely favorable treatment because there are two other Vice Presidents that are not given the same consideration and a lot of the funds are used for only one Vice ~resident. Wheeler added there were two other Vice Presidents: Ron Belloli and Curtis Ray Benally.

Wheeler added that Curtis Ray Benally is with the Office of Institutional Advancement and his office is located in Shiprock and she believed that its improper and inappropriate for one person to be given preferential treatment by receiving renovations, a new car port and air conditioner for her campus apartment.

Wheeler also stated that the President does not follow policies and procedures and he has given a bonus and pay increase to.his secretary, Tina James-Tafoya. Ms. Tafoya is a former Miss Navajo. When the President was attempting to give bonus payment to

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· Tina James-Tafoya, Wheeler stated that she informed him that Dine College did not give any bonuses. Wheeler added that she signed and gave her approval in giving a bonus payment to Tina James-Tafoya under duress. Wheeler stated she signed the documents so that her staff would not be harassed or intimidated by the President getting this approval therefore she signed the approval for the bonus payment. Wheeler stated that she took on the responsibility and it was processed through payroll. Wheeler contends that she was pressured into approving the bonus payment. Wheeler discussed this matter with Evelyn Meadows, HR Director, and Vice President Belloli and they both know about the bonus payment. It is Wheeler's position that this giying of award or bonus payment is not within policy. The President's justification for giving a bonus is because he contends that Tina James-Tafoya did an outstanding job and that there were sufficient funds in September for the monies to be awarded. Wheeler added that Tina James~ Tafoya was the only person in the entire College to receive such a bonus. Wheeler contends that she signed off on the bonus payment is because the President told her that Vice President Belloli agreed to the bonus payment. Wheeler stated that she signed the document authorizing the bonus payment and after signing the document she asked Vice President Belloli about his agreeing to the bonus. Vice President Belloli told her that he did not agree to it. Wheeler added that she did not check with Vice President Belloli prior to her signing and approving the bonus payment to Tina James-Tafoya. Wheeler added that it is also the Human Resource Department Director's position that there is no provision in the Personnel Policies and Procedures Manual to give bonuses to employees.

Wheeler stated also that it took some time before Vice President Belloli and HR Director Evelyn Meadows to stand up to the President on various policy violations and circumventions. Wheeler added that they were finally able to take a stance on how those grant moneys were being used and misused. Wheeler stated that she had to disclose how those grant funds were misused because she cannot lie to the auditor if questioned that there is a potential fraud so she encouraged Vice President Belloli to disclose how the grant funds were being misused. Wheeler added that it was difficult to get Vice President Belloli and HR Director Evelyn Meadows to stru:id up to the President and to stand on the Policies and Procedures.

Wheeler added that there is also an attempt to bring back a former Athletic Director who was terminated after an investigation of wrongdoing. The Controller believes that it was the Preside~t who was pressuring Vice President Belloli and the HR Director Meadows to bring him back. Wheeler added that the Athletic Director Abe Bitok was in President's clique when it was discovered that he had a separate bank account not on the College records and after an investigation it was determine there was forgery and Bitok was terminated. Wheeler added that the offense was serious.

Wheeler added that the offense is the principle issue but standards are different for certain people and this is not proper and it shouldn't happen. Wheeler stated that if a bonus is to be given to one then everyone else that qualifies for a bonus should receive bonuses. Everybody should be treated equally. Wheeler added that here, the President is not treating everyone equally. Wheeler added th~t those employees favorably treated are

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seri~usly undermining the College and the Board of Regents in their support of the President.

Wheeler stated that the treatment by management in the department has completely changed now that her department is being ignored. She added that treatment by management has drastically changed since President Perlin Clark was first suspended . Wheeler stated that the President had her assigned to seek funding expanding the Shiprock school campus branch. Wheeler added that the funding is supposed to be sought from the State of New Mexico Higher Education appropriations. Wheeler added that she was never invited back to attend the meetings and she was eventually dropped from participating.

Wheeler then talked about the favoritism towards certain select employee by management. She stated that those favored employees used College vehicles for personal use, their office being renovated or given the best offices, they are given award such as bonuses and that when they are let go, they are rehired by Management.

Wheeler also stated that the President has surrounded himself with Medicine Men and he gives them extra funds. Wheeler added there are slush funds such as the Wisdom Of The People grant. Wheeler added that the President for the American Indian College Fund (Wisdom of the People) has been a great supporter for the President. Wheeler stated that she is aware that some of these funds are paid to Medicine Men and staff without contracts.

Wheeler added that Jack Jackson received $5,000 lump sum payment witheut having a contract in place and without having shown that he performed any services for the college. He received the $5,000 while he was a salaried employee. President Clark's uncle, David Clark received $15,000 from the Wisdom of the People Project. At the time of the payment, he had not rendered any services to the College under the Project. There was no documented deliverables at the time of the payment. There were no timelines for deliverables. He had not submitted an invoice to the College at the time. Mike Mitchell received $15,000 and Avery Denny received $12,500 under the same circumstances as well. Most of these people are now doing everything they can to undermine the board and have President Clark reinstated.

Wheeler then spoke about Vice President Largie that she noticed tends to travel a lot and she has been all over the place and is hardly in her office. Wheeler added that Vice President's attitude is that we can fix it later while things are left being undone and according to Wheeler she feels that they cannot do that. Wheeler added that the President is always on travel and he tends to travel a lot and that her main concern is that policies and procedures should be followed which are established for the operation and expenditure of funds that they receive for the operation ofthe institution.

Wheeler added that her review of the October 2009 travel authorizations for trips taken by both the President and Vice President Largie to attend the American Indian Higher Education Consortium ("AIHEC") showed irregularities in their travel records.

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Both were scheduled\to travel to the same_place at the same time starting on October 10, 2010. Wheeler stated that the records show that the President canceled his room one night for the night ofOptober 10, and that Vice President Largie cancelled her room for the night of October 13. The rooms were reserved by the College at the Charles Hotel in

· Cambridge, Massachusetts while they were attending AIHEC. Wheeler further stated that there was no records to show where the President stayed on the night of October 1oth.. Wheeler added that there were also no records to show where Vice President Largie stayed on the night of October 131h when she canceled her room reservation for that night. Wheeler provided copies of e-mails from the Charles Hotel showing the cancelations by the President and Vice President Largie. Wheeler also produced copies of the travel authorizations, receipts, reimbursements, and other related documents. See attached Exhibits marked as "A", Travel Authorization No. 045192 as Exhibit "B", Travel' Authorization No. 0.78801 as Exhibit "C", Exhibit "D", and Exhibit "E". . ·~

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' We then concluded the interview.

Reply by Ferlin Clark below:

Date oflnterview: April14, 2010

President, Ferlin Clark, was accompanied by David Jordan, Esq., legal counsel and they were informed of the scope of the investigation; hostile intimidating working environment, preferential treatment of certain employees and whether working within compliance of DC policy and procedures. Jordan stayed for part of the interview but left before the interview was concluded.

1.) State your full name

Ferlin Clark

2.) What is your level of education?

A Doctorate degree ... gone all the way and a beginner in Navajo philosophy.

3.) Do you speak Navajo?

Yes

4.) Where did you work-before coming to Dine College?

. U of A worked four years as graduate assistant & program course in Native studies. ~

5.) Have you·ever worked for the Navajo Nation or BIA?

Navajo Nation, yes and Sage Hospital.

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6.) In what capacity have you worked?

Spoke man for Chairman and Vice-chairman.

7.) Who do you directly supervise?

Three VPs. Ron Balloli, Dr Largie and Curtis Ray Benally. Robert Yazzie, Mamie Carrol, Clifford John, Special Program, Jack Jackson, Tina James-Tafora and Roberta Frank.

8.) How is the DC President Scholarship Funds set up?

Fifty dollar is taken from my paycheck every two weeks. Recently couldn't cash a check so deposited into the account.

9.) How is the DC President Scholarship Funded?

Donor friends who say to give it to who ever you want.

10.) What is the purpose of the Scholarship Funds?

To students or who ever needs it.

11.) Is there a guideline for using the DC President Scholarship Funds?

No guidelines. Its at the discretion of the President.

12.) What are the eligibility requirements for the DC President Scholarship Funds?

It is for students and employees. If they make a request, they ask, if there is a need ... student asked for diapers ... at the discretion of the President.

13.) Who has the oversight authority of the DC President Scholarship funds?

I dp, it comes from my check as President. Students need tuition, fees and they make request to use funds. Finance has to sign off on it and that funds are available.

14.) Is the Scholarship Funds available to all the DC students?

Yeah

1 5.) Have you withdrawn money from the DC President Scholarship Funds for your own personal use?

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Its my scholarship fund, yeah.

16.) What was the purpose for DC employees and staff attending the Institute for Education Leadership program at the Columbia University Teachers College?

Moving from a two year to a four year ... the leadership program is to prepare staff to executive level. As we move from a two year to a four year degree ... ! st BA degree ... in process of change ... professional faculty staff development.

17.) On the first trip to Teacher's College, Columbia University, for the Institute for Education Leadership training, was funds used from federal Title III Grant?

I believe so. Title III is a special funding and it was available. Its the brain child of Dr. Elvira Largie. Ron Belloli and Evelyn Meadows approved it. They said to go for it. The fund was not being used. Paid lodging and tuition ... Columbia customized the fee ... Columbia is an Ivy League.

18.) What is the intent of Title III Grant?

Tribal College initiative ... Title III is used for capital improvement, accreditation and professional development. Getting Title III fund is competitive ... we use bu~iness on-line courses ... faculty staff professional. Marie Etcitty is the oversight. Its for instruction and assessments ... approval from DOE. It is difficult to get for tribal funding ... we are reviewing how funds will be used. ':--.,,, · · ·~·~ ,,,. ....... ~

~ .... 19.) In the subsequent trip, was Title III Grant used again for staff to attend the Institute for Education Leadership training? ·

On the first trip I didn't go. They went to Gettysburg and Washington DC. Two presenters came and we paid for their trip. I believe so for staff ... Marie Etcitty got approval.

20.) Have you ever sent Vice President Elvira Largie to get the Finance department to process a stipend payment for Cliff John in the amount of $9,000.00 for the time he served as Interim Athletic Director?

Don't recall. He had a contract. We were not paying him ... he was contemplating of resigning. Abraham Bitoh was terminated. Evelyn Meadows and Janel Hinrichsen recommended Cliff John to become the acting Athletic Director ... we were not paying him.

21.) Have you ever acknowledge and shook hands with DC staff while on an elevator with exception of staff from the Finance department

Usually shake hands with everybody and sometimes I don't.

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22.) Have you ever intentionally ignored Herman Tsosie, Raycelle Leonard or Jolene Wheeler by not shaking their hands while you acknowledged others?

I don't recall

23.) Have you assigned a college vehicle to Dr. Elvira Largie and authorized her to take it to her DC assigned home?

Yeah, I have a memo. It says to abide by the college policy. Delbert Paquin has a similar set up through Ron Belloli. He has a DC vehicle ... he has similar set up. Jack Jackson had similar arrangement ... their duties require that they travel at night. I have a DC assigned vehicle. The campus staff have GSA or DC assigned vehicle.

Staff don't have a contract to include a vehicle but they can get an approval from their supervisor. Stella Ben instructed me how to do it. Fund is taken from their department to cover the expense. We don't have a massive motor pool. .. we're isolated here.

24.) Did you authorize her to take that college vehicle to her private home?

Refer to the memo .. .if a meeting is in Shiprock .. .It's a reasonable accommodation ... Navajo Nation is our campus ... 24/7 position. VP ofFinance doesn't go anywhere.

25.) Is that within Dine College policy and procedure to allow Dr. Elvira Largie to take her assigned vehicle to her DC assigned home and/or her private home?

Yeah, she never takes it home. Delbert Paquin take it home and other staff do.

26.) Are the other two Vice Presidents allowed to take DC vehicles to their DC assigned home or their private homes?

Curtis Ray Benally, Institute of Advancement, works in Shiprock. I allowed him to work in Shiprock ... he use to take it home to Farmington ... he has to leave it in Shiprock. Curtis leaves it in Shiprock .. .if he goes to Santa Fe he picks it up. His practice now is to keep it in Shiprock. We have a 7 million dollar library in Shiprock under construction ... and we're building a 3 million dollar in Tsaile. Ron Belloli has no assigned but he submits for reimbursement for using his own vehicle. Dine College got used vehicles and Delbert Paquin is using a former DC security vehicle and he took off the seal. .. don't know if he has authorization from VP Belloli. Marlon Tayah, Maintenance Department, takes his vehicle home and to college.

27.) Did you authorize Vice-President Elvira Largie to receive renovation and upgrade (fence/AC/Washer & Dryer) to her DC assigned home in the sum of$31,520.76)?

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Never knew the amount. Its Evelyn Meadows to renovate the DC house ... its not her personal home and other DC houses are being renovated. Vice President position is difficult to fill ... unstable VP level. .. Evelyn Meadows is the HR director and she wanted to jack up to 90 thousand. No.

28.) Did you review and approve the amounts?

Never give the amount. .. goes to Delbert Paquin and Ron Belloli. Evelyn Meadows made the recommendation ... her in accommodating her, Dr. Largie.

29.) Why not?

I didn't sign off.. .I don't have to ... Ron Belloli's problem and Delbert Paquin ... general maintenance funds .. .it the next VP's house ... for future VPs.

30.) Has your other staff or the vice-presidents received their renovation and upgrades to their DC assigned homes?

Asked Ron Belloli and he said no. Curtis Ray Benally lives in Farmington. Evelyn Meadows received an AC. I got an AC. They were redoing and Evelyn Meadows said I want one too. So I said lets start ... how much will it cost ... Same time all the windows and doors ... kind of upgrading all the houses.

31.) Did you approve and authorize Vice-President El~ira Largie to have her 3rd floor office renovated and furnished for the sum of$47,484.82?

It was not intended for VP Largie in the beginning ... I didn't know the amount. The first floor was done last summer before ... renovated the gym, dormitory, cafeteria windows ... kind of renovation. The office was intended for Dean of Academic ... she assumed (Janel Hinricksen) and Evelyn Meadows that she will move in ... Evelyn Meadows and Janel Hinrichsen said to Dr. Largie that they will move her to the 6th

floor ... the idea was to put all executive on the same floor and Evelyn Meadows wanted the second floor ... which is presently the VP's office.

This office is nice ... Title III fund was used to build this IT building.

The first floor and second floor were renovated ... and the third floor was being renovated with idea that it will become the Dean of Academic's office ... the building is old and it is frigid with bad heating. It is being used as a classroom.

32.) Did you review and approve the amounts?

Didn't know the amount ... worked with Delbert Paquin and Ron Belloli.

33.) Why not?

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34.) Has your other executive staff or vice-presidents received similar office renovation and purchased new office furniture?

For Vice President of Institute of Advancement ... sixth tloor ... DPI renovated for Robert Yazzie .. ;and Ron Belloli has the prime office space. Jack has new tables ... and I got the old stuff. We got upgrade ... nice office spaces in Shiprock ... and road will get paved.

35.) Have you given bonus payment to your staff?

Yeah. Gave it rec~nt. .. Christmas bonus ... fifty thousand while other are laying off and increased faculty salary at about 300 hundred thousand dollars. Gave bonus to Tina James-Tafoya who is my eyes, ears and she worked for it ... we accomplished a lot ... increased her salary ... she is qualified and has a degree .

Increase salary for staff at Dine College and its long over due ... we are increasing funding from the tribe and federal. We pay better than Fort Lewis College. I also increased Ron Belloli salary from 85 thousand to 95 thousand.

36.) Are bonus payments permitted by the DC Personnel Policies and Procedures Manual?

Yes, it is ... discretion of the supervisor ... and is under Personnel Policies and Procedures Manual Section 700.01 (Subject: Wage & Compensation) or page 58 of the PPP.

(2.) Interview with Evelyn Meadows

On March 2, 2010, I interviewed Evelyn Meadows, ("Meadows") Human Resource Director, at Dine College campus in Tsaile, Arizona. Meadows stated that she has been employed at Dine College for about two years. I informed Meadows the purpose of the interview. Meadows stated that she was familiar with the allegations against the President. Meadows added that she started March 2008 as the Human Resource Director.

Meadows stated that she has earned 45 credit hours towards a college degree. Meadows added,that she previously worked for the federal government and retired from that employment. Meadows added that she worked for the Bureau of Indian Affairs and the Indian Health Services at all levels of the government including working on policy development in \v ashington DC. After she retired, Meadows stated that she started working for the Pinon Public Unified School District. Sometimes later, Meadows became a Board of Regents member and served about 6 years between the years 2001 and 2007. Meadows added that when she completed her term as a Board member she was hired by President Perlin Clark and replaced Thomasita Gorman who vacated the HR director position. Meadows added that she is also serving a second term working with the Pinon Chapter. Meadows added she is also on the Navajo Nation Labor Commission.

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Meadows stated that her immediate supervisor is Ron Belloli Vice President of Administration and Finance.

Meadows added that she had complaints against the President that include pressuring her into the appointment of Elvira Largie as Vice President for Academics and Student Affairs. Meadows purports that the President wanted Elvira Largie for the vacant Vice President position and the President asked for her support in selection of Largie.

Meadows added that Elvira Largie was not initially selected but another applicant was offered the position but declined after a series of negotiation fell through. Meadow added that Largie was non-responsive to attempts in contacting her about the Vice President position. Meadows added that she was instructed by the President to make persistent follow ups with Largie to see if she was going to take the position.

Meadows then stated that she worked closely with Vice President Ron Belloli and Janel Hinrichsen and discussed major issues. She added that they always have good discussions and that they worked well together. But after Janel Hinrichsen stepped down as interim Vice President for Academics and Student Affairs, Largie was offered and accepted the job of the Vice President position. Meadows added that renovation soon started on the apartment that was assigned to Vice President Largie. Meadows added that the apartments were not well maintained so it needed renovation. As part of the renovation, the apartment had new tiles replaced, new bathtub installed, a chain link fence placed around the premises, an air conditioner was also added. Meadows added that this was preferential treatment given to Vice President Largie. Meadows added that after the renovation was finished, Vice President Largie moved into her campus apartment.

Meadows added that once Vice President Largie started in her new job they have never had a good meeting with her. Meadows added that credential for faculty is one of the important matters that they must work on almost daily so that contract renewals could be generated, and the different classes identified for the catalog but was not done. Meadows added that she attempted to sit down with Vice President Largie a couple of times but a meeting never materialize so that they could discuss credentialing.

Meadows added that the President let Vice President Largie do anything that she wanted. As an example, Meadows mentioned that Vice President Largie had let Irvin Morris hire Sheila White from pre-college and conduct a lateral transfer. The qualifications for a new position for Sheila White required a Masters degree in English and Speech Communication. However evaluation of Sheila White's qualifications was that she only had a Bachelors degree and she did not qualify for the position. However Irvin Morris continued with the issue. Meadows added that she had showed and explained to Vice President Largie that the individual Sheila White did not qualify for the position and that was not within policy. Because of the disagreement they had to go to an outside consultant to deliver an opinion. Despite the fact that Sheila White did not

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qualify for the position she was still moved into the English Communication Speech position and this was approved and done by Vice President Largie and the President.

Meadows added that this action is contrary to policy. Meadows contend that she reviews the teachers' qualifications or the instructors' qualification and checks with faculty. She has always checked with experts. She also had an outside review the matter and they were also concerned that Sheila White did not qualify for the position. Despite all the lack of qualifications the President helped to circumvent the policy and move the individual into the position.

Another issue that concerns the HR Director Meadows is Dr. Timothy Begay. Meadows stated that there are questions and concerns in the qualification of Dr. Begay. Dr. Begay was placed into a temporary position as Dean of Academic Administrator pursuant to the personnel policy at page 33 at internal/stewardship. The transfer to acting started Oct 27, 2009 and concluded on January 26, 2010. After Jan 26~ the stewardship was concluded and he was moved back to the division chair. Meadows added that the President wanted to give Dr. Begay more money for the position but he did not have an account number where the fund would come from. The transfer of Dr. Timothy Begay was to move him from the Center for Dine' Teacher Education ("CDTE") to Dean of Academic Administrator and that expired and he had to move back to CDTE administrative faculty. Meadows added that she had another concern relating to trying to put people in positions that they are not qualified for.

The next person was Dr. Maxine Roanhorse-Dineyazhi. Vice President Largie wanted her qualified and hired in a position but she appeared to be marginally qualified. Dr. Roanhorse-Dineyazhi's application indicated that she had previously worked with Vice President Largie.

Meadows added that she was concerned and had questions why the President had given authority to have Vice President Largie conduct the interview. Roanhorse­Dineyazhi wanted 80 thousand dollars for her salary. Meadows added that she had questions concerning how they arrived at the salary figure. But their assessment had indicated that Roanhorse-Dineyazhi qualified for a grade 12 at 45 thousand dollars annual salary and the funding for this particular position was coming from Title III grant. The Title III grant funding was not planned to be available beyond Sept 30. Nevertheless, the President instructed Meadows that she should qualify and hire Roanhorse-Dineyazhi. That was what Vice President Largie wanted. The President allowed and directed staff to do whatever Vice President Largie wanted.

The next problem Meadows has concern about is Dr. Deborah House filing a complaint against Irvin Morris. According to Meadows assessment Morris is trying to force House out and the basis of the complaint is intimidation and harassment that were hurtful. Meadows added that there was disregard on~the part of Vice President Largie to resolve the issue pursuant to the grievance within 5 days as allowed by personnel policies and procedures and the issue did not get resolved. So, the next level of the procedure is going directly to Vice President Largie that there were certain time line that had to be

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met. When it got to Vice President Largie's level she asked for an extension and that request was granted one time and she again asked for a second extension but that was denied. (See page 93 through 95 of Personnel Policies and Procedures Manual.) When it is not resolved then from there it goes to a formal faculty group. The group decided that the Vice President Largie should decide and was referred back to the Vice President for resolution of the complaint. Meadows added that this issue has not been resolved and has gone outside of personnel policies and procedures because in-house resolution was not followed therefore a formal grievance is still proceeding.

Meadows added that Vice President Belloli was approached by the President about his commitment to staying on the Dine College Administration so they had agreed to remain until June.2010. In addition the President asked Meadows if she would stay as well, Meadows added that when the time comes she would revisit that. Now things have changed since Vice President Largie came. Meadows added Vice President Largie does not like Policy and she feels that she does not need to comply with the Personnel Policies and Procedures Manual and other policies.

Meadows continued to talk about the treatment of employees by management and she discussed Vice President Curtis Ray Benally. Meadows stated that Vice President Benally is friends with the employees that are his subordinates with the exception of George Joe. Meadows added that Vice President Benally gave each employee a rating of 5 on their job performance evaluation because ofhis friendship with each individual. Meadows added that she has asked Vice President Benally to redo the job performance evaluations and realign with the personnel policies and procedures and job description; he did redo it despite his dislike for having to complete the task.

Meadows added that to be more cost effective and reduce the cost of training she has initiated a project where the teaching courses are brought on site where at least 30 people could participate. Meadows added that Human Resources Department is not pro­management but rather works with employees and the supervisors to resolve any personnel issues. Meadows added they work with policy in re~olving issues and her dep~ent uses progressive disciplinary measures in addressing various disciplinary actions.

. Meadows added that any termination that is being done must be received and reviewed by the Human Resources department and they have to concur with it. The Human Resources Department reviews the action to ensure that the appropriate policies are followed and that there are factual basis in any termination of employees .

.I asked Meadows if she knew whether there were some employees who were getting favorable treatment by management. Meadows replied, "Yes." She believes that Vice President Largie, Jack C. Jackson, Sr., Vice President Curtis Ray Benally, Robert Yazzie, Tina James-Tafoya, Edward McCombs, Clifford John, Pax Harvey, and Val Attakai received favorable treatment by the President. Meadows added that Tina James­Tafoya received a bonus award because the President said that she has done a good job and funds is available within his budget to give a bonus payment to Tina James-Tafoya.

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Meadows added that there was no provision providing bonus payment to employees within the Dine College Policies and Procedures Manual. Meadows added that the President then recommended Vice President Belloli for a bonus and salary increase. Meadows added that Vice President Belloli declined to take the bonus but did accept his salary increase. Vice President Belloli was making much less than the starting salary of Vice President Largie.

Meadows reports that the President has attempted to make changes to Personnel Policies and Procedures Manual and had by passed the Human Resource department for concurrence or for input into those recommended changes. She learned about it and expressed her concerns regarding these policy changes to the Board of Regents. Meadows added that in October or November at a Board meeting the Board did not act on the proposed changes suggested by the President. The Student Representative that replaced Desiree LaMotte as Student Body President was Georgette Cook and it was learned that Cook did not take her oath of Office to be on the Board of Reagents.

At tb.e meeting Meadows added that the President attempted to convert Vice President Largie's position from probationary to permanent position by contract at a meeting held January 15, 2010. Meadows added that when the President was leaving for the Board of Regents meeting he had instructed Vice President Belloli' s Administrative Assistant, Thelma Johnson, to submit the document converting Vice President Largie's position from probationary to permanent position to the HR Department. And this was during the same time that Georgette Cook had not taken her oath of office. While in route the President called Thelma Johnson and asked her to retrieve the document for the recommendation to converting Vice President Largie to a full time position from HR and instructed her to wait and submit it until Monday. But then Thelma Johnson had already submitted it to Human Resource and logged in by the staff.

The attempt by the President to remove the Human Resource oversight authority on some of the hiring was being done without consultation with HR. Meadows added that there is provision in the policy that if there is a need to amend or change a policy, HR is to be consulted. Her department was not advised by the President of his proposed changes to the Personnel·Policies and Procedures Manual.

Meadows added that the problem with attempting to convert Vice President Largie's positio)l to full time status is that there vyas provision in the personnel policy and in her offer letter that there would be an evaluation completed at 3 months and 6 months. And, by these provisions Largie is required to fulfill a 6-month probationary period. Meadows added that a review of Vice President Largie's persannel file indicated that the President did not prepare and submit a 3-month evaluation despite that he was provided notice to prepare an evaluation. Meadows added that there yvas concern about the job performance of Vice President Largie so the action to convert Vice President Largie to a full-time status was deferred. Meadows stated that Vice President Belloli met with Vice President Largie and informed her of the extension of her probationary period for another 6 months. Meadows added that after Vice President Largie received her notice of extension she filed a complaint against Vice President Belloli. Meadows added that the

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President is not following policy and allows Vice President Largie to do whatever she desires.

Meadows added the Policy changes attempted by the President was to modify the Table of Consequences under Section 900.04 of the Personnel Policies and Procedures Manual relating to violating traffic regulations while operating College vehicles. Meadows added the attempt to make changes in the Table of Consequences was because of Clifford John, a friend of the President, who had not taken disciplinary action against two employees for vehicle traffic violations. Meadows added that the concern is that the vehicle violations are liability issues. Meadows added that the President's attempt to change the policy relating to the vehicle violations was to accommodate his friend Clifford John so that he doesn't need to discipline his staff.

Meadows stated that she participated at the Board of Regents meeting and when she came out the President confronted her and Meadows stated that the President got in her face and he appeared to be very upset and wanted to know what the board had talked about to her and wanted to know if it was related to him. Meadows added that the President was attempting to bypass policy relating to Human Resource confidentiality and to have Vice President Largie converted from probationary status to permanent status without meeting the conditions of her employment. Meadows added that once she was confronted by the President she felt extremely uncomfortable and threatened by the President and that he had never done that to her before.

In January of2010, Meadows added that the President was placed on Administrative Leave. Meadows added that there were a lot of students present at the Board meeting and she felt that the Presjdent was using the students and they appeared to have had been coached. Meadows stated that at the meeting as the President was being placed on administrative leave he turned to the audience and said did you see that a "non­Navajo" was being made Acting President, when Ron Belloli was named to fill the Acting President status while the President is on Administrative Leave. After that, students and other staff who received favorable treatment from the President started voicing concerns about a "non-Navajo" being appointed as acting President. Meadows believe the President's remarks were very racist and highly inappropriate.

Meadows then spoke about receiving a complaint from Thomas Bennett, Pre­college Director located in Shiprock. The complaint was concerning Terri LaMotte, Secretary, and who is supervised by Vice President Largie.

On January 13, Meadows added that De Wayne LaMotte, Terri LaMotte's husband a Maintenance Supervisor at Shiprock campus was attending training and he had accompanied the Shiprock Maintenance Department's secretary Charlotte Topaha. Meadows added that the next day Terri LaMotte while on official school business confronted her husband at the Shiprock campus alleging that he was messing around with Charlotte Topaha. Meadows added the situation became heated that De Wayne LaMotte had to call security to have Terri LaMotte physically removed.

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Meadows added that when the security gets involved they generate an incident repprt and the report is sent to HR and then forwarded to the supervisor for an appropriate action. Meadows added that De Wayne LaMotte reported the incident and the security prepared an incident report. The report was forwarded to Vice President Largie to take disciplinary action against Terri LaMotte as she deems appropriate.

Meadows added that Vice President Largie did not take any disciplinary action against Terri LaMotte for the incident despite the policy violation. Meadows stated that that was preferential treatment. Meadows added that Terri LaMotte is very loyal to Vice President Largie. ·Meadows added when Terri LaMotte was·rehired by the College the President approached her and said, "I don't know why she's back and I want her out" referring to Terri LaMotte. Meadows added that the President stated that he had fired Terri LaMotte and asked why did you bring her back.

On September 24, Meadows stated that Vice President Largie called her into her office because Irvin Morris made allegation against her that related to an employee that he wanted to transfer to his department despite the fact that she didn't qualify for the position. Meadows addea that Vice President Largie believed Morris and she admonished her. Meadows added that Vice President Largie never got her side of the story. Meadows added that Vice President Largie was delegated President at the time she admonished her. Meadows purports that the authority had gone to her head. Meadows added that Vice President Largie a~so admonished Librarian Andrea Winship.

Meadows added that Vice President Largie also treats the Controller Jolene Wheeler in the same harsh manner when Largie was demanding payment for Clifford John for an amount of$9,000 dollars instead of$8,000 dollars for the time he was acting as the Director for the Athletic Department.

Meadows added that they had schedule several meetings for transition when Largie became the Vice President and that one of the meetings set was with Janel Hinrichsen to discuss faculty credentialing. Meadows stated that Vice President Largie however declined any briefing. Meadows added that Vice President Largie stated that the organization is not valid and attempts to make changes.

Meadows then stated that the President quit talking to her in October 2009. Meadows added prior to that she received a new AC unit installed on her DC campus apartment that she believes was an attempt to have her shut up. And to shut up Vice President Belloli, the President recommended him for bonus even though he knew that it was against the Policies and Procedures. The President uses money to try to keep people quiet about policy violations and non-compliance. Not all employees agree with that practice.

Meadows stated that Vice President Largie accused her of unlawfully tape recording but that claim is baseless. Meadows added that the President couldn't attend a community interview of the Vice President candidates so he asked that if she could tape­record the session.

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Meadows added that before she tape-recorded the session she let Dr. Elvira Largie and Dr. Manley Begay know that she would be recording the interview for the President to listen to it at a later time. Meadows added that they both agreed to being tape-recorded. Meadows added that this is the only time she used a tape recorder to record the interview.

Meadows added that because of the stressed it affected her health that required medical intervention and time away from her job. Meadows added that the President quit talking to her and her staff on October 16th. Meadows added that on the Boss's Day, the President admonished them publicly and that was unprofessional and uncalled for.

We then concluded the interview.

Reply by President Ferlin Clark below:

3 7.) During the 2009 realignment, did you tell Evelyn Meadows to terminate Wesley Thomas? ·

Don't recall. I didn't want Wesley Thomas in the Center for Dine Studies but never put it in writing. It was Janel Hinrichsen who wanted to terminate Priscilla Weaver and Priscilla Leonard.

My preference was not to put Wesley Thomas in there ... he cannot develop a ·program in Dine Studies ... not seen anything. He applied and declined it during the realignment and reconsidered his current position ... need a BA degree developed. Wesley Thomas has a degree in Anthropology. We're going from a two-year to a four­year institution ... and credentialing we have to show their discipline.

I have Indian Studies background and Wesley Thomas doesn't .. .ifyou ask him of our origin he would tell you about Bering Strait ... he doesn't know about the Navajo origin .. .like the cornstalk ... philosophy that could be discussed by Jack Jackson or Mike Mitchell. Navajo philosophy is underline. Didn't want Wesley Thomas ... he comes from c;m Anthropology discipline and wanted someone with Dine discipline to bring Dine teaching ... he doesn't know how to develop a course.

38.) Did you also tell Evelyn Meadows to terminate Pricilla Weaver?

Don't recall. Janel Hinrichsen and Evelyn Meadows wanted to remove her ... we tried to accommodate all of the Deans. Priscilla Weaver didn't qualify ... she went into another position and didn't lose any pay. They wanted the job title. Under Title III Mia Kalish left but Priscilla Weaver didn't lose any money and she still has a job.

39.) Did you ever pressure Evelyn Meadows, HR Director, in getting Vice-President Elvira Largie to accept the position with Dine College despite her reluctance?

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Evelyn Meadows did want him ... Manly Begay ... U of A faculty ... a friend of mine and a Chair of my dissertation. Don't recall. Evelyn Meadows pressured ... she wanted Dr. Largie.

40.) Have you ever asked Evelyn Meadows to qualify Maxine Roanhose-Dineyazhi despite the fact that Maxine did not meet the position requirement?

Credential became an issue ... HLC wanted advance degree. Faculty removed and grievance filed ... Janel Hinrichsen and Evelyn Meadows removed and didn't qualified faculty ... ! know. Dr. Largie says that Evelyn Meadows is not qualified for the HR position and she is making decision. Maxine with a PHD was offered by Evelyn Meadows 32 thousand ... the question is Evelyn Meadows doesn't have a degree but is making decisions about people like Dr. Tim Begay's and Dr. Largie's qualifications.

No. The answer is No.

41.) In January 2010, in the presentation before the Board o~Regents what was the intent of the amendment to Section 300.01 (Subject: Recruiting and Hiring; and to Section 400.12, Subject: Faculty Credentials ofthe Dine College Personnel Policies and Procedures Manual?

400.12 is result of faculty complaining that HR had .too much authority. They were saying that Evelyn Meadows was over reaching over faculty matters .. .lrvin Morris, Tim Begay, Dr. Largie, Miranda Haskie, and Wesley Thomas ... Faculty wanted input who to interview ... so the issue went to the President's Council and the Academic Council.

Evelyn Meadows was not available but informed Ron Belloli ... two cases Miranda Haskie and Shelly White that were brought up to me and other people were complaining ... numerous complaints about Evelyn Meadows like how they were talked to ... bullied ... lrvin Morris is a supervisor. I get the'blame for everything. Evelyn Meadows was not available when went through the review.

42.) How was the amendment on Recruiting, Hiring and Faculty Credentialing formulated?

HLC credentialing wanted faculty to be involved in development ... we went through line by line ... Dr. Tim Begay, Wesley Thomas ... Evelyn Meadows doesn't have a bachelor's degree. To get faculty involved and to revise the Personnel Policies and Procedures Manual. . .it took a long time.

Discipline and Table of Penalties was because staff got ticketed ... we have zero tolerance while on travel and we have smoking outside. The recommendation is to amend the-college vehicle use ... GSA and DC ... going to the Mall is that a violation if using own vehicle ... Shiprock staff ... to discipline staff ... too severe to penalize. HR director wants to be involved in everything like hiring, firing and credentialing. If going

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on training, HR says I want to sign off ... why does HR need to sign off on training staff development. .. should be sufficient to cc them. HR want to approve everything ... wants to approve everything and its not their role.

43.) What prompted the attempted change or amendment to the Personnel Policies and Procedures Manual Section 900.04, Subject: Guidance for Table of Consequences (Table: 17, 21, & 23)?

See above

44.) What department(s) or committees worked on these proposed initiatives to amend the Personnel Policies and Procedures Manual?

The President's Council ... penalty. Zero tolerance ... alcohol...we touch on it .. .like drink while on a trip ... taking a breathalyzer test.

45.) Did you or your designee work with staff from the Human Resources while making the recommended changes 'in the Personnel Policies and Procedures Manual?

Through Assistant Tina James-Tafoya informed Ron Belloli. HR director was not available ... as we learned not a full-time position ... we should have waited for her ... it was general consensus ... we didn't hide it from her ... not a full-time employee.

46.) Who?

Skipped

47.) Was Evelyn Meadows informed of the proposed changes?

I assume she was informed by her supervisor. Her supervisor knew about it ... he was in those meetings ... his responsibility to inform her of regular meetings.

48.) Why not?

It was not approved ... nothing happened. It went back to Academic Committee and they reaffirmed their position.

(3.) Interview with Andrea Winship

On March 2, 2010, I interviewed Andrea P. Winship, Librarian, at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Winship stated that she has been working for the Dine College since January 12,2009 and she holds three Master degrees in the following disciplines; Librarian, International Studies and Public Affairs. Winship added that she has been a professional Librarian since 1998 and she has taught at College level courses.

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Winship added that her immediate supervisor is Dr. Elvira Largi~, Vice President of Academics and Stud~nt Affairs. Winship stated that as the-College Librarian she oversees campus libraries at Shiprock, Crownpoint, and Tsaile.

Winship stated that she had complaints about President Ferlin Clark and Vice President Elvira Largie. Winship add~,d that the Dine College Policies and Procedures are not followed and that she has an employee at Tsaile who does not observe the College's Chain of Command and goes directly to Vice President Largie. Winship added that Vice President Largie condones the employee's behavior by going outside the chain of command. Winship added that because of the employee, she has been called to the Vice President's office.

Moreover, Winship added that she had a similar employee issue at the Shiprock campus where she had to reclassify an extra supervisor's position. Winship added that the position was a supervisory designated but the person was not a supervisor. Winship added that its Loretta Gray's position. Winship added the position was updated and the supervisory role and responsibility was removed.

Winship added another issue that she has a complaint about relates to weeding out some old periodicals. Winship added that an employee had gone directly to Vice President Largie and told her sacred documents like old tribal newspapers periodicals were.being discarded. Winship added that Vice President Largie and the President took up the cause anq used it to attack her. Winship added that Vice President Largie told her she had a letter that inventoried the historical materials that were discarded. Winship added that she asked for a copy of the letter that Vice President Largie referred to but she was never afforded a copy of the particular letter that allegedly list the historically significant materials discarded.

Winship added that the employee disregard for the chain of command and not going through the p-roper channels has undermined her supervisory position and now the Administration is making her jump through extra hoops. Winship added that the allegation is groundless but is used by Vice President Largie to control her. Winship added that another concern is that she does pot understand why is she not allowed to call in and why her travel requests a{e being denied. Winship added that she made routine trips to Shiprock and Crownpoint to visit the campus libraries but she cannot do that now.

In addition, Winship added that she does not understand why she is needed to be on the Academic Council because a lot of the discussion relates to faculty and her job had nothing to do with that particular field. Winship addeg that since the alleged discarding of historical materials was reported, the President has been to her office and in an aggressive and intimidating manner questioned her; he was leaning into me as he spoke. Winship added that in October of 2009 she met with Vice President Largie to discuss concerns relating to the library and for guidance relating to old periodicals but instead she was told to make decisions at her level.

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Winship added that she was puzzled why the President said to her that Dr. Largie is the most important person to be on campus because of her clan association. Winship added that she didn't understand what he meant by that comment. Winship added that in February of2009 she was called to a planning meeting with an architect to discuss the new archive building and the concern was about humidity and temperature controls because of the need for preserving the many different artifacts and that included a bear skin. Winship added that she named the animal and for that she was strongly admonished by the President. Winship added that the President then stated that he wants a Librarian that was a Navajos. Winship purports that the President said, "Why were you hired" after she named the animals. Winship added that later she learned that it was acceptable to name the animal because they were still in hibernation.

Winship stated that it is a common.practice at different school libraries and not unusual to have a deposit account of $25,000 with a book vendor. She added that is so that book purchases could be charged against the deposit and eliminate need to process paperwork for each purchases. Winship added that when she was discussing with Vice President Largie a deposit arrangement Vice President Largie said to her, "Your not purchasing Navajo Witchcraft books are you?" Winship again stated that if you have a deposit with a vendor it eliminates all unnecessary running around to pay for what ever purchases you make for the library.

Winship added that Vice President Largie never got to know her in her capacity as a supervising the College Librarian. Winship added that when she first took the Librarian job the staff had $2,400 dollars in cash on hand at the Library. Winship added that the money is for photocopying sales. Winship added that the use and collection of the fund was outside College procedures and she immediately had the funds taken to the cashier for deposit.

Winship added that there is also a lack of communication with Vice President Largie. Winship added that she has tried communicating with Vice President Largie but she has been non-responsive so she stopped trying to call her. Winship added that two of her staff members are going directly to Vice President Largie, contrary to policy, with their concerns. Winship added that she had a meeting with the Shiprock supervisor and tape-recorded the session. Winship added that since July 2009 two of his subordinates circumvent the line of authority and they have been acting outside of the Personnel Policies and Procedures Manual. Winship added that Vice President Largie permits the practice of the employees circumventing her supervisory authority.

Winship added that the College had its share of heavy snow days like the one they had on February 20th. Winship added that there are two non-exempt employees; her and another employee. Winship stated that during the snow days she and the other non­exempt employee came into work to open the library. On February 20, Winship added that she received a call from Vice President Largie inquiring about whether the library was going to be open. Winship added that she informed Vice President Largie that the library was going to open between 10 am and 2 pm. Winship added that only 5 or 6

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students came intp the library. Winship added that the President also came in to the Library to check if they were open.

Winship added that it is difficult tQ be professional and to be questioned about everything you. do and to have your every move analyzed and distorted. Winship added that there is a question about a $25,000 thousand credit deposit with a book vendor. Winship added that Vice President Largie is questioning the deposit and using it as a platform to imply wrong-doing with the money but she has never been asked directly about the deposit.

Winship added that when .she had her meeting with the President regarding Loretta Gray, the President wanted to know why her salary was taken away from her. Winship added she tried to explain to President Clark but he kept talking over her so she was taken back by the President's odd behavior.

Winship stated that she felt that there was also improper physical contact on her person by the President. Winship added that the incident happened Monday January 4, '20 1 0 while they were inside the Hogan while she was talking with other staff members. Winship added that the President came up while she was talking and reached in between them and started shaking hands with the people in the group. Winship added that the President touched her with his open hand on her shoulder. Winship added that this was one of two improper contacts by the President.

Winship added that the President's physical contact was his way of intimidating her and to let her know that her comments were not important. Winship said, "How would he like it if I did that." Winship added that by the President touching her it showed his disrespectful behavior towards woman and the behavior was intended to intimidate. Winship stated again that by President Clark's behavior of interrupting her and touching her was a form of intimidation. Winship added that the President shouldn't be touching her because he doesn't like her. Winship asked, "Why was he touching me?"

Winship added that the President's behavior is his way of commanding control over her. Winship added that there is a disregard for her professionalism as a Librarian. Winship added that she recalls a meeting with the President when he raised his voice and in an aggressive manner leaned towards her in her office behind closed doors. Winship added that the President closed the door as soon as he walked into her office on the day he came to the library to talk to her.

Winship added the second time the President touched her was on January 5, 2010. Winship stated when the President touched her the following employees witnessed it: Rosita Keith, Ruby Johnson, and Grace McNeley.

Winship again spoke about a letter that was supposed to have been authored by President Clark accusing her of destroying Dine College property but she has never been provided a copy. Winship add~d that the letter was suppose to be written by the President and addressed to Vice President Elvira Largie however Vice President Largie

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has not provided a copy to her so she could prepare a response to the President's allegation. Winship added that she wo:uld like to have the allegation of destruction of property resolved but before she can do that she needs to get a copy of the President's letter listing the allegations. Winship. added that she is prepared to make an appropriate response. Winship added that she has sent her complaint regarding her treatment to the Human Resource Director and Vice President Ron Belloli. Winship added that there has been no response to her complaint by Vice President Largie. Winship added that she has received no support or help from Vice President Largie or the President while in her Librarian capacity at Dine College.

In closing, Winship added that she told Vice President Largie that if they want her to leave they must put it in writing.

We then concluded the interview.

Reply by President Clark below:

49.) Have you ever stated to Andrea Winship that Dr. Elvira Largie is the most important person to the DC campus because of her clan affiliation?

Most important person, I don't think so.

50.) Why?

She is a key person.

51.) On January 4, 2010 between 9 & 10 a.m. did you touch Andrea Winship on her shoulder at NHC that could be interpreted as too intimate?

No

52.) On January 5, 2010, did you again touch Andrea Winship on her shoulder at NHC in room 199?

Don't recall, no.

53.) Why did you touch Andrea Winship's shoulder twice that made her uncomfortable?

I don't recall ... definitely not ... maybe shook her hand ... certainly not misunderstood or feel uncomfortable.

(4.) Interview with Herman Tsosie

On March 2, 2010, I interviewed Herman Tsosie, ("Tsosie"), at Dine College, in Tsaile, Arizona. After explaining the purpose of the interview, Tsosie stated he has been working for Dine College for about 36 years and he has raised his family with the money

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he earned at the College. Tsosie added that while he has been at the college he has seen a few Presidents come and go. Tsosie added.he is a person that doesn't say anything and­he stays neutral on different issues because of his fear of retaliation if he says anything that could be damaging.

Tsosie added that the only thing he knows about the current situation at the college is stuff he reads in the papers. Tsosie stated that the problem sounds like it's a personnel issue based on the Navajo Times articles that appeared in the last two months issues. Tsosie added that a lot of employees have left and some were pretty good employees. Tsosie added that if you have a high employee turnover rate there has to be something wrong. Tsosie stated that he is aware that some employees left the Finance Depsrrtment over the years because they made mistakes but he didn't know the reasons for several employees to depart so closely together.

Tsosie added that he has always worked in the Finance Department and worked through the Controller. Tsosie stated that that his current position at the Finance Department was an Accountant III and his supervisor was Controller Jolene Wheeler. Tsosie added that he didn't have any complaint. He stated that he is just trying to mind his own business and that is how he managed to survive 30+ years at Dine College. Tsosie added that he didn't have an)rthing bad to say. Tsosie stated that Vice President Ron Belloli has kept the College going and that the Council Delegates know him. And as for Vice President Elvira Largie~ Tsosie stated that he did not know her but from his observation of her, she demanded a lot of attention for her office like an entire office renovation. Tsosie added that from a working relationship with Vice President Largie, she got him into trouble by not following policy when she was trying to get a large group of people to go to some college in Pennsylvania. Tsosie added that most of the time these things happen because people don't plan and he said, "That was how Vice President Largie got me into trouble by purchasing air fare tickets without proper documentation."

Tsosie added that he took care of purcha8ing the airfare for the group by using his college credit card but his superVisor Jolene Wheeler found out. While chuckling, Tsosie said, "Wheeler took my stripes away just because I encountered Vice President Largie." Tsosie added that most of the times Vice President Largie is on travel. Tsosie added that the problem was that Vice President Largie was not planning ahead therefore she did not give the Finance Department enough time to reserve airline flights tickets. Tsosie stated because of that lack of planning he was forced to use his Dine College Credit card to reserve airline tickets. Tsosie added that for the same trip Vice President Largie wanted to take his credit card on her trip. Tsosie added that his name was on the credit card and he was reluctant to let loose of this credit card because spending could get out of control.

Tsosie added that he did not have any complaint against the President. Tsosie added that if President Clark travels he makes all of his travel arrangement and his staff calls well in advance. Tsosie added the President is a high ranking person and he makes sure that all his travels are booked and he is aware that the President travels alone but he also joins a group while on his travel like to Pennsylvania.

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Tsosie added that he is responsibility for purchasing and making online bookings for lodging and other purchasing requisitions for the college. Tsosie stated that with Vice President Largie's trip the necessary paperwork was incomplete. Tsosie added that Vice President Largie called him into a meeting in the board room with a group of people and received instruction from her to book the trip. Tsosie added that federal grant Title III was used to fund the trip. Tsosie added that at the time he received the directive from Vice President Largie there were no approval to use the federal grant money. Tsosie stated that a prior approval was required. Tsosie added that Cindy Bitso, the Grants Accountant, had not given approval to use the federal Title III funds when he was asked to book airline flight and to purchase tickets to Pennsylvania.

Tsosie added that Vice President Largie was trying to avoid airline ticket price increase so she was adamant about having the trip booked and airline tickets purchased. Tsosie added that the policy requires that all request forms such as training requests, travel authorizations and funding identified and approved and signed off by appropriate personnel are attached before a trip is booked. Tsosie added that about 17 employees were on the trip to Pennsylvania.

Tsosie added that he did not see or have the TAs identifying the participants and approval signature was not obtained from Cindy Bitso to use federal Title III grant fund. Tsosie added that to process this type of request was not done and it was highly improper but he said he couldn't say no either because he understood that the trip was part of the American Higher.Education Conference that was coming up that the group wanted to participate in the training.

Tsosie added that Vice President Largie came to see him personally to inquire about whether he had purchased the airline tickets. Tsosie added that a day later, but he does not recall, Vice President Largie asked again whether he had purchased or had a confirmed airline tickets. Tsosie stated that Vice President Largie asked him at least three times about his reserving and purchasing airline tickets. Tsosie added that he still did not have any paperwork to go by or any paperwork delivered to him during the meetings he had with Vice President Largie when she came to his office but she kept saying to purchase the airline tickets.

Tsosie added that he ended up using his credit card without proper documentation and approval and his action got him into trouble with his supervisor when she found out. Tsosie added that his supervisor found out because the Controller had the final authorization and approval. Tsosie added that during the process of getting him to purchase the airline tickets the Controller was not informed that airline tickets were being purchased for 17 people to take a trip to Pennsylvania. Tsosie stated that it cost $17,000 thousand dollars to purchase airline tickets and he charged the entire balance to his college credit card. Tsosie agded that he was lucky that the college later processed a check to cover his college credit card bill. Tsosie added that he realized that he could have lost his job for not following policy or the proper procedure and he did this just to avoid an airline price increase and at the insistence of Vice President Largie.

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Tsosie added that Elvira Largie was the Vice President and she told him take care of it and it was difficult for him to say no to a high ranking person. Tsosie added that the directive was coming from the top so he thought it would be okay but in reality what he did was not proper and against the Dine College policy and procedures. Tsosie added that he didn't like what Vice President Largie did to him by calling him to appear before a large group of people and then get a verbal directive from her to purchase the airline tickets for the group.

Tsosie stated that his most recent training was about two years ago and when Dine College was doing the computer change over and updating the computer software system. Tsosie added that the employees started using the new system in July of2009. Tsosie stated the training ran from January 2009 through June 2009, and they had another system upgrade that required more training in data entry.

Tsosie when asked if he had anything else to add he stated that he couldn't think of anything else so we then concluded the interview. During the entire interview, Tsosie kept wiping the sweat of his forehead.

Herman Tsosie had no complaints against the President so no questions were developed for President Ferlin Clark.

(5.) Interview with Raychelle Leonard

On March 2, 2010, I interviewed Rachelle Leonard, ("Leonard"), at Dine College campus in Tsaile, Arizona. Leonard stated that she has been working in the Finance Department for about 10 years. Leonard is Accountant Technician III and her responsibility includes processing payroll and entering employee timesheets into the college's pay roll software.

Leonard added that she has an Associate of Art degree and has accumulated some credit hours toward a Bachelor's degree. Leonard added that she worked for AmeriCorps for one year and started working at Dine College after she finished high school.

Leonard stated that her supervisor is Jolene Wheeler and she had no complaint. Leonard stated that people have their days but she doesn't know what she did to· the President for him to suddenly stop acknowledging her whenever they meet whether in private or in a public place.

Leonard added that the cold shoulder treatment by the President started about two months ago. Leonard stated that she was in the elevator with Felicia Chee and another female employee when the President got in with them. Leonard added the President shook hands with the employees in the elevator and when she outstretched her hand to shake his hand, President Clark ignored her. Leonard added that she is not affected by the President's childish behavior but she felt that it goes against the Navajo K'e principle that he publicly promotes. Leonard said, "Why say the things about K'e ifyou don't · practice it?"

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Leonard added that because of the cold treatment she feels that she is not appreciated. Leonard added that the President's behavior is unfair treatment and she is puzzled and doesn't understand what she did wrong to the President to cause him to ignore and subject her to his childish treatment.

Leonard added that she also didn't like how Vice President Elvira Largie treated her co-worker, Herman Tsosie, when she demanded a payment processed without any supporting documentation. Leonard added that the demanding approach exhibited by Vice President Largie was uncalled for because her secretary knew the proper protocol, policies and procedure in getting necessary paperwork processed and approved by the appropriate departments and including the Finance Department.

Leonard added that Vice President Largie came into the office to see Herman Tsosie at least three times and during those times she witnessed Herman Tsosie repeatedly explaining the procedure for purchasing to the Vice President but yet she still continued to exert pressure and used her position to demand that he purchase airline tickets despite lack of supporting documents and the necessary approvals.

Leonard added that Cindy Bates came to the Finance Department and told Herman Tsosie that Vice President Largie needed to see him in the board meeting room. Leonard added that she shared with Herman Tsosie a common work area so they knew what the other person was working on. Leonard added that Herman Tsosie returned from his meeting and about 45 minutes to an hour later, Vice President Largie came and asked Herman Tsosie do you have what I have requested. Leonard added that from her workstation she could hear the conversation between Vice President Largie and Herman Tsosie.

Leonard added that she recalls Herman Tsosie~responding to Vice President Largie that he needed the paperwork with proper documentations that included who is being paid, account to be used, and signatures approving the purchase before he started a purchase requisition request. Leonard added that to her knowledge Vice President Largie did not give any documentation to Herman Tsosie to process a purchase requisition. Leonard added that Herman Tsosie tried to explain the procedure· but he was told the ~equest was an oral directive to make the purchase. Leonard added that she now feels bad for not speaking up or offering to help her co-worker explain the policies and procedures.

Leonard added that Vice President Largie stem tone and behavior conveyed the message that I am the Vice President and I need this done now. Leonard added that her office doesn't give preferential treatment or consideration to people because of their title. Leonard stated that requests are logged in and time stamped and processed accordingly. Leonard added with Vice President Largie's request she wanted things done without any documentation or approval and she was giving verbal orders. Leonard added that the documents finally came in close to 5 pm after the airline tickets were purchased. Leonard stated that Herman Tsosie was pressured to break the policy and purchase airline tickets

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without proper authorization and approvals. Leonard added that their supervisor, Jolene Wheeler, was out of the office and attending a meeting when all this transpired.

Leonard added that Vice President Largie's secretary Terri LaMotte also came in inquiring about the status of the purchase of the airline tickets. Leonard stated Herman Tsosie told LaMotte the same thing he told Vice President Largie. Leonard added that about 15 minutes after LaMotte, Vice President Largie got Herman Tsosie on the telephone with a travel agent and at that point Herman Tsosie gave in and used his business credit card to purchase the airline tickets. Leonard stated what Herman Tsosie did was outside and against -the Dine College policy. Leonard added that on the following day Herman Tsosie appeared distant and wasn't himself.

Leonard added that she wasn't aware of any favorable treatment in her office and she is not aware of any yelling in her department. Leonard stated that the only person that pushed her weight around and dropped names was the President's secretary. In conclusion, Leonard said, "It would help i[everyone else was on the same page and it would make our jobs easier."

We then concluded the interview.

Reply by President Ferlin Clark below:

54.) In January 2010, why did you ignore Raychelle Leonard on the elevator while you acknowledge and shook hands with Felicia Chee and another staff while Raychelle Leonard was ·present?

I didn't intentionally ignore her ... Felicia was leaving Dine Coll~ge and she is from this community, a former student and she had lost her brother ... K'e principle and her grandfather is a medicine man ... her grandfather gave some land to Dine College.

(6.) Interview with Francesca Shiekh

On March 3, 2010, I interviewed Francesca Shiekh, (Shiekh") at Dine College in Tsaile, Arizona. Shiekh stated she has been working for Dine College for eight years and she started in February of2002 temporarily then later became a full time employee.

Sheikh added that she is a technical officer. She added that she holds two Master Degrees, one in Computer Science and the other in Management. Francesca stated that she started her IT career by working for an Italian company developing computer software. Francesca' s immediate supervisor is Ron Belloti Vice President of Administration and Finance. Sheikh ·added that her job is to look for ana antiCipate problem and to prevent it. Sheikh added that because of her training, she appears to be a negative person and the President has said to her not be so negative.

Sheikh added that her major concern is that there is not much job security while working for Dine College. Sheikh added that the President stated to her that he does not

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want her but instead wants Courtney Gorman to take over the Chief Technical Officer position and head the IT department. Sheikh added that Courtney Gorman is capable of taking over Chief Technical Officer position. Sheikh added that Courtney would eventually take over the department but at this point she had only an Associates degree. Sheikh added that she helps Courtney to develop her computer skills. Sheikh stated that the President is considering Courtney Gorman to be the Head Person of the IT Program at Dine College. Sheikh added that the President came in one day with Journalists and he only introduced Courtney but ignored or acknowledged her to the group.

Sheikh added that there were a number of times when dignitaries from the Navajo Nation visited the department and only Courtney has been acknowledged. Sheikh added that the President also appointed Courtney Gorman to the Leadership Committee without consulting with her. Sheikh added that Courtney also participated in a trip to Pennsylvania and New York taking her away from her job responsibility at the college. Sheikh added that she had to learn from Courtney that the President appointed her to a College committee assigned to work with the Higher Learning Commission for their accreditation. Sheikh added that she was not informed or received communication from the President that he intended to appoint Courtney to the committee. Sheikh added that Courtney is taking part in the strategy discussions and planning direction of the College that should be reserved for the person that is head of the IT Department. Sheikh said, "That is my job." Sheikh added that she is being put aside and her responsibility and participation in committee meetings has been diminished.

In November of2009, Sheikh added that she was invited to a meeting that was set up by the Dean of Administrati~n. When she arrived she took the only seat that was available in the room. Sheikh added that the President, while turning to her, said, ''Now do you report to Dr. Largie?" Sheikh added that she was then told that the meeting was for those who reported directly to Vice President Largie. Sheikh added that the Dean then asked her politely to leave. Sheikh added that the group was there to discuss the Personnel Policies and Procedures Manual. Sheikh added that the purpose of the President getting her to leave was to humiliate her and to let her know that she w:as not part of his inner group.

Sheikh added that under her leadership and managing the IT department, Dine College's IT Department made great improvement equaling in approximately $5 million dollars. Sheikh added that the network system was outdated and now it is one of the best systems on the Navajo Nation. Sheikh added that customer service has greatly improved. Sheikh added that the President has only said one time that she did a good job that was when she helped with setting up a non-profit child-care program for 0 thru 12 years children. Sheikh stated that was the only compliment she has ever received from the President in the 8 years she has been working at DimS College. Sheikh added that she applied for a grant to develop the child-care center because staff at the College and people in the surrounding area who worked did not qualify for child-care because of their income so they had to find an alternative. Sheikh added that the College wanted to have its own child-care on ground so the College assisted with some funds for a study. Sheikh added that the President was supportive of the child-care but the College did not have the

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funds so they had to seek funding outside the College, and enter into partnership with groups like the Social Services. Sheikh added that they have an MOU with Social Services and their renewal is coming up. Sheikh added that the child-care program started at the Dine College Shiprock south campus.

Sheikh then spoke about how she got called to a meeting where a group of people were complaining about Dine College Internet website. Sheikh stated that people with the President at the meeting were complaining about the website not being maintained. Sheikh added that she had asked for personnel to maintain the website but her request got nowhere. Sheikh added that the complaining session got very heated and the people became very aggressive and she was at the center of it. Sheikh addeq that during the meeting, the President left the room and left her along with the people and the session turned into a shouting match. Later that evening while at home, Sheikh added that the President called her back to his office at 5:30pm or 5:45pm.

Sheikh added that when she returned to the President's office, she was directed to sit next to the jish or the wedding basket pouch display. Sheikh added that the President started to explain the significant of the jish. Sheikh' added that the President talked about a symbolic stone being broken and that it was a sign of a bad omen. Sheikh added that the President then gave her crystal quartz to gaze into to get her answers. Sheikh did not appreciate the President's instructions. Sheikh added that by having her take the object and telling her to seek answers was compelling her to partake in a religious act that she does not believe in. Sheikh said, "The crystal is a rock." She added that by the President making her do that had upset her. Sheikh added that the President told her that he could have written her up but decided to handle the matter this way. Sheikh added that the President then embraced her and hugged her and she was allowed to leave.

Sheikh added that she is respectful of people's beliefbut for what the President made het do, she interprets it to mean that you must believe and that is a requirement to work here. Sheikh said, "I respect that it is his belief but he shouldn't force it on me." Sheikh added that at the start of her meeting with the President in his office, he told her that he did not like the way she spoke to him. Sheikh added that the President told her that she owed him respect for the position that he had.

Sheikh added that she also had concerns about the University of Columbia Teachers Training Program. Sheikh added·that the program is designed for K-12 grade teachers. Sheikh stated that she learned about the program from the Columbia representative who gave a talk about the Teachers Training Program on Dine College campus. Sheikh added that it was an open invitation to staff to attend and to hear the presentation. Sheikh added that at the presentation she learned that· it was a summer principal training program designed f~r those desiring to pursue a Master Degree program. Sheikh added that some support staff and faculty attended the program at the University of Columbia .. Sheikh added that the floor was opened for question and answer session, arid she asked about why students were coming less prepared for College. Sheikh added as the presenter was preparing to respond but the President interrupted and called for a break. Sheikh added that the presenter never answered her question. Sheikh

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added that the presentation was held on November 13, 2009. Sheikh added that the President later announced that members of the Leadership Team should be the ones asking questions. Sheikh added that the invitation was open so she asked her question but it never got answered.

Sheikh added that the presenter stated the program was only designed for K thru 12th grade and that they did not have a program for higher education. Sheikh added that Dine College was not a K-12 institution so why is the College taking only certain employees to participate in the Teachers' Training Program. Sheikh asked why is Courtney Gorman asked to participate in a program designed for K-12 grade Principals.

Sheikh added that she was invited again to attend another meeting so she went and learned that the group was talking about faculty hiring. Sheikh added that no one at the meeting asked her to leave so she stayed and sat quietly and observed. Sheikh added that the President wanted the group to review and suggest changes to the Personnel Policy and Procedure Manual. In another meeting where the group was discussing grants, Sheikh stated that the President turned to her and stated to her that she receives a lot of grant funds and that she should follow policy. Sheikh added that s}J.e thought the President probably did not know what he was talking about so she just dismissed the comment.

Sheikh stated in another incident where she experience humiliating treatment from the President was when a contractor came to collect his payment. Sheikh added that the contractor's payment check for services was not signed by the President and the Vice President of Finance so she offered to help the vendor to secure the signatures for the check. Sheikh added that they approached Ron Belloli without any problem. Sheikh added that they then took the check to the President for his signature but he won't sign it but instead started walking away and proceeded up the flight of stairs in the Hogan to reach his office. Sheikh added that they followed and climbed the flight of stairs with the President and he was asking the contractor questions about the work he did. Sheikh added that the President finally signed the check and he never looked at her or acknowledged her all the time they walked with him. Sheikh added that the Pt;esident stated to them that they were taking him away from a very important meeting. Sheikh added that after the President signed the check, and as he was leaving he shook hands with the contractor but he did not offer to shake her hand. Sheikh added after the President left, the contractor asked her if the President had a problem with her.

Sheikh stated that she fears that when the President returns to the College he was going to retaliate. Sheikh added that the President made it clear to her that he doesn't want her at the College. Sheikh added that there was a rumor circulated by a few students that there was a conspiracy to get rid of the President.

Sheikh added that she has been vocal about Dine Education Philosophy classes that the staff is required to attend every Fridays. Sheikh added that at the Dine Education Philosophy training classes the instructor usually spoke about Navajo traditional beliefs, ceremonies and superstitions. Sheikh stated that some staff do ask to use their sick leave

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for ceremonial purposes. and she approves those leave requests and she does not ask any questions. Sheikh added that some staff members do not want to go to the Friday DEP sessions because they do not believe in the Navajo traditional cultural teaching or beliefs and they would rather remain at their workstations and work. Sheikh added that the President however says participation in DEP is mandatory. Sheikh added that there is usually two sessions ever Friday running two hours per session; the first session from 9-11 a.m. and the second session from 1-3 p.m. Sheikh added that the DEP sessions do not add to her job performance.

Sheikh added that the Dine College Policies and Procedures Manual require new staff to take the DEP 294 and 295 courses. Sheikh added that in 2002 she took the night courses and successfully completed both classes. Sheikh stated that the teaching on Dine Education Philosophy was changed to mandatory attendance each Friday for a two-hour session. Sheikh added when do you satisfy the DEP requirement? Sheikh then made reference to section 400 of the Personnel Policies and Procedures Manual where there is only an implied consequence if an employee doesn't fulfill the requirement. Sheikh added when do you complete the DEP requirement and if you don't complete it then what are the appropriate disciplinary actions. Sheikh added that the Policy must be clarified. Sheikh added that her other objection is that a lot of the DEP sessions are held in the Navajo language and normally taught by Avery Denny, Robert Yazzie or Jack Jackson. Sheikh added when the presentations are made there is no accommodation for non­Navajo language speakers. Sheikh added that most ofDEP sessions are in the Navajo language and no accommodation made for non-Navajo language speakers such as providing an interpreter.

Sheikh added that the morale has plummeted and that there are a lot of gossips on campus. Moreover, Sheikh added that there's problem with communication filtering down from higher up and that contributes to -some misinterpretation. Sheikh added that there is a need for better communication from the top down and providing feedback.

·Sheikh then spoke about questions· concerning the qualification of the current sitting Vice President of Academics and Student Affairs. Sheikh added that the VP A&SF position requires a five-year experience in Higher Education and Administration. Sheikh stated how does someone qualify or get the Vice President job without meeting the qualification. Sheikh added that questions were raised about why the position was not re­advertised when no one else qualified after the initial selected applicant declined. Sheikh asked why the staff was not given an opportunity to submit their application for the Vice President of Academic and Student Affairs position and given consideration. Sheikh added that it was policy that if no one filled a position then the position is re-advertised.

According to Sheikh, Courtney Gorman told her that the President told her that Francesca and her husband, Andy, would not be at Dine College forever. Sheikh added that the President previously stated to another co-worker that Francesca and Andy were not going to be here for long and then a few weeks later a third person told her basically the same thing and that concerns her. Sheikh added that the President allegedly stated he did not want Francesca and Andy to be on the campus forever because they have

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Courtney Gorman at the College. Sheikh added that she has put what she heard together and she concluded that the President does not want her to work there but rather to have Courtney take over the IT Department. Sheikh stated that she tries to train Courtney by increasing her responsibility and send her on trainings. Sheikh added that she is supportive of Courtney's training to become the IT director. Sheikh added that she wants to be supportive of her staff but because of negative comments and rude treatments from the President her relationship with staff has been strained.

Sheikh added that Dine College has a Technology Committee that the President had asked her to revive to deal with technological needs at the College but without speaking with her, the President put Courtney on the Technology Committee.

Sheikh added that another concern she has with the President is switching to the Navajo language in meetings even though non-Navajo language speakers are in the midst and continue with discussions and reference made to Bilagnaa. Sheikh added that it would be beneficial to Non-Navajos ifthere is dis,cussion in the Navajo language that as a courtesy that the content of the discussion is interpreted for those who do not understand the Navajo language.

We then concluded the interview. -

Reply by President Ferlin Clark below:

55.) In the Summer of2009, when you were takingjoumalist(s) around the campus introducing them to the DC departments, why did you only introduce Courtney Gorman but did not acknowledge Francesca Shiekh despite her being on the premise?

Don't know whatjoumalist ... don't recall

56.) In the summer of2009, when you were taking tribal officials around to introduce to the DC departments, why did you only introduce Courtney Gorman but did not acknowledge Francesca Shiekh despite her being on the premise?

Don't recall ... not intentional. .. maybe not visible ... don't recall

57.) Have you appointed or invited staff and not the director from departments thus leaving the director out of the discussion on matters related to their services?

· Yes, Michael Becenti (AIHEC) ... Jon Delmar helped with computers ... my Assistant will call IT staff. Distance with Francesca Shiekh ... between Tina James-Tafoya ... Francesca made allegation ... that Tina James-Tafoya and I had sexual favors going ... was written up but nothing was done by HR or her supervisor.

58.) Have you gone directly to Courtney Gorman and appointed her to the Leadership committee without going through her supervisor, Francesca?

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The Columbia Program for leadership ... Ron Belloli and I will not be here forever ... need to put_Navajos in leadership pr9gram ... Courtney Gorman is put in the leadership program .. .it not intentionally to upset Francesca Shiekh. Went through Ron Belloli ... this is a pilot. .. first round ... just a pilot ... we invited them ... they were recommended to participate and some folks opted out. The group visited Gettysburg and Louise Litzin opted out because she said visiting a cemetery ... they took A very Danny to perform a ceremony for protection.

59.) As a member of the Leadership Committee, does. Courtney Gorman discuss the strategic direction of the college?

Courtney Gorman is a member of the President's Council. .. she worked from converting from the old system ... Ron Belloli was raving about Courtney's leadership ability.

60.) In March of2008, after a heated discussion relating to the DC Website among staff and Francesca Shiekh, why was it necessary to call her back to your office after 5:00pm, and in your office explain the significance of the crystal and explaining jish to Francesca Shiekh, and to tell her that you could have written her up but chose to do it this way and then gave her a hug?

Francesca Shiekh yelled at me in front of staff ... wrote it ... could have been insubordinate ... .she is Dr. Largie's neighbor and is close to Ron Belloli. In K'e' way ... respecti:qg her ... explained the basket ... that has its own power ... to make her more aware. Ron Belloli yells disrespectfully .. .intent was to make aware ... not disrespecting her.

(7.) Interview with George Joe

On March 3, 2010, I interviewed George R. Joe, ("Joe"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Joe stated that he started working for pine College in August of2008. Joe added that he is the Director of Marketing, R,ecruitment, and Publishing, and is an English Instructor. Joe added that he has a Master Degree in f:nglish and working on his·second Master Degree in Education Leadership. Joe added that he has work experience in Media and Journalism. Joe added that his supervisor is Vice President Curtis R. Benally.

Joe added that the President Clark and Vice President Curtis R. Benally are best buddies and th~t they are very tight. Joe ad~ed that the President and Vice President Benally go golfing and take vacations together. Joe added that he suspects that the President Clark f~els threatened by him. Prior to October 2008, Joe was only an instructor but since then he assumed more responsibilities and handled many projects when all of a sudden the President made a 180 degree turn in their work relationship.

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Joe added that the President started making derogatory comments directly at him and he did not say or do anything to defend himself because he was still under his probationary period. In addition to that Joe stated that his best buddy was his supervisor.

Joe stated that with his staff they started addressing the recruitment of students because the enrollment has been down to 1,200 since 2003. Joe added that the College had lost 15% ofthe students. Joe added that they started advertising and have made 19% increase in the student enrollment. Joe added that the 19% increase disrupted the classes because no one at the College expected the high volume of student enrollment. Joe added that the increase in enrollment caused chaos and that it was a huge thing on campus; the staff panicked, disrupted classes, the cafeteria was pushed beyond its capacity and suddenly there was a need to hire new instructors. Joe stated that there was a 19% increase in student enrollment that meant a huge gain from 1200 to 1950 students. Joe added that he has a written report on the high enrollment that practically blew away other colleges.

In October 2009, Joe added that the President increased and intensified his mocking of him in public. Joe stated that the President started to humiliate him in public whether it was at staff meetings or in public places. Joe stated that the President started saying, "Oh you can do that" to put me down. As an example, his staff prepared an ad and presented it to the President but he mentioned everything he felt was wrong with the ad. Joe added that the President started to push the theme that Dine College was a four­year institution with which Joe disagreed. Joe added that if that claim or theme is put in the ad it would be misleading. Joe added that it was proper to say becoming a full four­year college. Joe added that previously he had never questioned the President and just did what he had told him to do. Joe added that he however disagreed with the President when he tried to refer to Dine College as a four-year institution because Joe felt strongly that would be misleading advertising.

Joe added that the President was forcing on his staff to call Dine College a four­year institution. Joe added that he disagreed with the President because that claim was incorrect. Joe added that Dine College only has one Bachelor degree offered in Elementary Education that started in the Fall of2009 and that was the first time Dine College offered the course so Joe added he could not call the institution a four-year institution. Joe added that the Dine College is short of a four-year college.

Joe added that no one ever says no to the President. Joe added that the President was treating him differently and became critical about his staff's work product. Joe stated that whatever he designs/produces was his product and he is responsible for whatever he develops/creates. Joe added that as part of the student enrollment ad campaign they used a student model but the President didn't like it. Joe added that the President never said anything good, nice or anything positive about their ad. Joe added that the President found everything that he thought was wrong with the ad including the wrong font used. Joe stated that he had to ask the President if there was anything he liked about the ad because his staff put a lot oftime into planning. Joe added that the college ran a series of ad in the Navajo Times. Joe added that in his opinion the ad was one of

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the best that the staff put together however from the President's perspective it was trash and all wrong. Joe added that they ran the ad for four consecutive weeks and by running the ads it increased the student enrollment by 19%. Joe added that his staff conducted a research and learned that Dine College had the highest enrollment than any of the neighboring Colleges and enrollment drive blew all other neighboring Colleges away.

Before running the ad, Joe added that he was one of the President's advisors and out of those discussions the President asked him to put together a recruitment drive. Joe added that prior to that he was only a teacher and by becoming one of the President's advisors positive things started happening at Dine College.

Joe stated the President is intimidated by well educated people; that he is threatened by competent people. Joe added that if anyone challenges or questions the President, he would consider the person a threat. Joe added that the President surrounds himself with mostly people who have 1/3 to 3/4less formal education than he (President) has had. Joe added that the President also surrounded himself with several traditional medicine men. Joe contends that the President rewards those medicine men with thousands of dollars at a time to serve and protect him.

Joe added that the President's dislike of him reached the level where the President almost physically attacked him at one point. Joe added that this incident took place after the President'.s attitude and behavior changed towards him. Joe added that he tried talking ta the President in an attempt to resolve whatever was bothering him. Joe stated that he_has addressed the President by Navajo clanship as Shii Nalii. Joe added that he asked the President what he had done wrong to him to cause him to act the way he was. Joe stated that he was taken aback by what the President said to him, "Stop bullying Dine College staff." Joe added that he was puzzled by the President's behavior and attitude towards him because he has always worked well with his staff.

Joe added that he asked the President if it was because he does not come to his office everyday and that is the reason why he was acting the way he is. Joe added that he made three attempts to resolve whatever problem they may have but the President's behavior and attitude did not change towards him. Joe added that he didn't know if he did anything wrong or offended the President. Joe added that he followed conflict resolution principle that he studied in his Leadership classes. Joe said, "I was considered to be OJ}.e of his favorite" but something happened that caused the relationship to change between the two of us.

Joe added that he almost lost his left eye and he requ,ired surgery to save his eyesight in September of2009. Joe added that the President started using his health problem with his eye as a vehicle to attack him. Joe added that the President was mean and nasty towards him. Joe added that the President made statements in public that he was having his eye problem because he couldn't handle stress. Joe added that the President's dislike and mistreatment of him was because Clark felt threatened. Joe added that it didn't help his strained relationship with the President when some people started saying that he might be the next Dine College President.

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In November 2009, Joe stated that the President almost physically attacked him not long after he had returned to work after his eye surgery. Joe added that he was out on _sick leave awhile to recover from his eye surgery. Joe added that he and his staff were in the Vice President of Academic and Student Affairs conference room waiting to start · their staff meeting. Joe added that there was tension between him and the President so when he returned to work he was avoiding a face-to-face meeting.

Joe added that he and his staff were in the conference room when the President came into the room and knowing that there was tension between them, Joe stated that he immediately extended his hand to greet the President. Joe added that he could immediately tell that the President was angry by his facial expression. Joe added that the President might have been feeling angry because of a story that appeared in the newspaper about him. Joe added that right away the President Clark started saying hurtful stuff about his eye in a disparaging and demeaning manner. Joe added that this staffLaFrenda Frank and Johnathea Tso were present and witnessed the near attack. Joe added that the President was mean towards him and that he has also been nasty and mean towards LaFrenda Frank who was hired as the new recruiter.

Joe added that the President ridiculed him in front his staff by stating in their presence, "He can't handle stress." Joe added that he felt it was a personal attack on his character and a physical challenge. Joe added that he had a retinal detachment that is a common health issue among Native Americans. Joe added that it was a serious matter and if left untreated could lead to loss of eyesight. Joe stated that the President however was laughing and humiliating him because of his health issue with retinal detachment. Joe added that the President was standing over him while he was seated. Joe added that the President was red in the face and mad and he was getting angrier by the minute. Joe added that he was still recovering from his eye surgery and if LaFrenda Frank had not physically interceded when she did the President could have physically attacked him and suffered further injuries to his person.

Joe added that just three hours earlier Pax Harvey was not hired for the recruiter position with his office. Joe added that Pax Harvey was a close friend of the President whom he wanted hired as the recruiter. Joe added that the President praised Pax Harvey in public for the office's successful student recruitment drive. Joe added that he suspects the President felt insulted like getting a slap across the face for not hiring Pax Harvey. Joe added that the President did not explicitly tell him to hire Pax Harvey but it was implied that he hires Pax Harvey. Joe added that his supervisor, Vice President Curtis Ray Benally, mentioned it to him that Pax Harvey should be hired. Joe added that Pax Harvey had indicated that he was promised the recruiter job.

Joe added that Pax Harvey was a temporary employee and had his temporary employment status extended before. Joe added that despite Pax Harvey holding the recruiter position temporarily he did not qualify for the permanent recruiter position. Joe added that he was not on the hiring committee and he had nothing to do with the selection or hiring of the permanent recruiter. Joe added that applicants were prescreened and the

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names of qualified applicants were referred to the interview committee ana they made their selection. Jqe added that Pax Harvey did·not make the first cut in get his application considered by the hiring committee.

Joe then stated that the Native American Church student members often gets to go on trips and get their trips paid for. Joe added that by paying for students' trips the President was actually buying the students' loyalty. Joe added that the President is also closely connected to the medicine men. And, according to Joe, the medicine men receive gifts from the President. Joe added that if you are not a member of the Native American Church Club, the President has nothing to do with you. Joe added that this was favorable treatment of only a certain group of people.

Joe added that his last day for,his probationary period was December 10, 2009 and before he became a permanent employee Vice President Curtis Ray Benally, his supervisor, tried to prevent him from attaining the permanent employee status. Joe added that his supervisor harassed him, caused undue emotional distress and created a hostile working environment for him and he was prohibited from traveling preventing him from performing his duties as a manager. Moreover, Joe added that Vice President Curtis Ray Benally tried to get them to buy advertisement in a newspaper but it was a bad use of College fund. Joe added that it was a waste of school resources and that the cost of the advertising in the paper would have been in the thousands. Joe added that Ed McCombs, the Public Relation person for the College also told Curtis Ray Benally the same that it was bad use of money to spend on advertisement. Joe purports that Vice President Curtis Ray Benally does a lot of the President's dirty work.

Moreover, Joe added that the President and Vice President Curtis Ray Benally gave out jackets to his office staff for the successful student recruitment drive at the elose of the Navajo Nation Fair in 2009. Joe added that all his staff members received their jackets in his department but he did not get one. Joe added that his department is a newly created department and prior to his coming to the College there was nothing being done about recruitment but with his leadership the College successfully gained 19% in student enrollment during their recruitment drive. Joe added that the staff received nice jackets that could easily have cost in excess of a one hundred dollars. Joe added that perks such as these causes division among his staff and him. Joe added that everyone else received jackets including Pax Harvey the person his department did not hire. Joe stated again that the President implied that he hires Pax Harvey. He added that the President had publicly congratulated Pax Harvey for spearheading the successful student recruitment drive.

Joe added that Gilbert Dee was also aware of favorable treatment of only certain Dine College students and that he openly complained. Joe added that the President controls the money and if you are not a member of his inner group you are left. The President created a "Scholarship Fund" that he contributes to and uses it to assist a few select students who support him. Joe added that there are no well-educated people in the President's inner circle because he finds people who are more educated a threat so he shuns them.

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Joe added that if the President does not like you he would not offer to shake hands with you that he feels is childish. Joe said, "While he talks a great deal about K'e publicly, he doesn't practice it."

We then concluded the interview.

Reply by President Ferlin Clark below:

61.) After hearing comments from people at DC that George Joe is the next DC President, did you start treating him differently by going directly to his subordinate for information and to attend meetings?

What ... never heard that ... that's the first time.

62.) Have you ever pressured Curtis Ray Benally not to recommend George Joe for a full-time employee status?

No, asked about George Joe's contribution and performance ... his recruitment effort ... Document statistic annual report ... George Joe is a professional person before coming and all of a sudden he disappeared. Asked what is going on ... student enrollment. .. but never said to remove him.

Curtis Ray Benally gave everybody (staff) a rating of 5 on their performance evaluations ... he doesn't want confrontation ... he is a young executive ... he use to complaint and criticize me so I asked why don't you join me and do something about it ... trying to train him and support him.

Had questioned his performance and Curtis Ray Benally said he had health problems.

63.) Was that because of your suspicion that the Navajo Times didn't like George Joe?

No, the statement was brought back by Ed McCombs that Navajo Times said George Joe had a lawsuit ... Daine Beyal mentioned it to Ed McCombs .. .it didn't matter it's the Navajo Times.

George Joe is the brother of Patterson Joe, Dine College Attorney and he is a relative of Evelyn Meadows. A collective attack against me. George Joe stated that Jack Jackson practices witchcraft and not to make him a Principal Investigator (PI) ... he even wrote it up.

64.) Were you concerned of getting bad press from the Navajo Times and that they were taking their dislike of George Joe out on you?

No. George Joe wants to believe it is because ofhim ... he wanted to know what is going on ... as President you have prerogative to change ... George Joe doesn't report to

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He has an axe to grind with Jack Jackson.

65.) On November 17, 2009, why did you ask George Joe "Are you good at witchcraft?" or "Ayooish idill gooonsh?

What? He is the one who brought it up about Jack Jackson .. .! never said that about him.

66.) While the Marketing, Recruitment and Publishing director, George Joe and staff were in the VP A& SA conference room, did you walk in and did a physical altercation almost erupt after xou made remarks like "Do you even still work for the college?" and "You can't even handle stress?" knowing that George Joe just had eye surgery and was still recovering?

Exaggeration ... untruth ... he disappeared from the college. Jonathea Tso and Pax Harvey were told don't talk to the President ... because George Joe didn't lik<:! it.

He got sick. It was kind ofteasing ... he disappeared at the Fair ... he had to change his contacts ... told him not to wear contacts because of the dust ... he said don't talk to me or don't text me.

67.) Would that encounter with George Joe have escalated into a physical altercation if LaFrenda Frank didn't physically intervene and diverted your attention by making a comment about your necklace?

No, absurd.

68.) Have you ever issued directives to support staff without informing their supervisors?

I have mad~ two directives and Evelyn Meadows was in the meeting .. .it was low enrollment ... one to Priscilla Leonard ... a verbal to hire young recruiters ... Jonathea Tso and Pax Harvey ... to hire them and it was effective. And the second directive was to Ron Belloli not to talk to Andrew Tah.

I'll make request to staff ... not directives .. .like shoveling snow or ifl need a hammer, ladder or screw driver ... like at political forum when setting up ... lets get things done .. .in the spirit of cooperation. Not telling them what to do ... just help in the best interest of Dine College.

69.) Did that create confusion among staff?

Pax Harvey left he was multi-talented. George Joe was not available. Pax served as an M.C ... he is a DC alumni and I know his brother and family ... being twenty years in

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the community. Pax complained about George Joe ... and he said to give credit to George Joe or he would be mad at us.

Jonathea Tso and Curtis Ray Benally never made it to Denver so we had breakfast...and while having breakfast ... Jonathea said she couldn't talk to me because George Joe told her not.to ... she is a former Miss Navajo Nation.

70.) Do you always observe the chain of command as outlined in the personnel policies and procedures? ·

Most ofthe time ... sometimes deviate from it if need information ... things come up so I go to the source. Students come to me and I listen to everybody ... can't stop students from coming to me .. .I tell them to follow the process ... try to respect and follow the chain of command ... DC philosophy ... go to employees ... not intentional .. .if in the~ best interest of Dine College.

71.) After a successful recruitment drive around the time of the Navajo Nation Fair in the Fall of2009 when you awardedjackets to the staffofMarketing, Recruitment & Publishing why did you not award one to George Joe?

Before George Joe got Into the position ... Pax Harvey and Jonathea Tso ... they were at the front and developed the plan ... they said don't forget George Joe ... he gets mad at us ... trying to support ... directly support staff ... ! don't have to acknowledge them .. .I'm not disrespecting him.

(8.) Interview with Stella M. Ben

On March 3, 2010, I interviewed Stella M. Ben, ("Ben") General Service Supervisor, who is responsible for overseeing college vehicles and for incoming deliveries. Ben stated that she worked for the Dine College for a total of thirty-three years and worked various departments. Ben is currently the General Service Supervisor and one of her responsibility is to oversee the college's vehicles. In addition, Ben stated that she is responsible for incoming deliveries and insure that the premiums for the college vehicle fleets are paid timely.

After explaining the purpose of the interview, Ben stated that she only knows about the current situation at the college from what she reads in the newspapers and the e­mails that they receive from management.

Ben stated that she holds an Associate of Arts degree in Business management. Ben indicated she enjoys her current job and had no complaints. Ben's immediate supervisor is Jolene Wheeler. Ben stated that they are away from the main campus so they're not aware of the daily interaction among the various departments on the main campus. Ben added that their yard is located away from everybody and the only time they get to interact with the rest ofthe staff is at workshops, meetings, and attending the DEP class series.

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According to Ben, at the Friday DEP class series they are taught about the College's Mission, the principle ofK'e, an emphasis on working together ("cornstalk"). and the series has been ongoing for a full semester.

Ben then spoke about the President's assigned Blazer that the President's secretary submitted the monthly vehicle reports timely. On January 25, 2010, at or about 4:44 p.m., Ben claimed that she received a telephone call from the Dine College Human Resource Director, Evelyn Meadows, to pick-up the President assigned vehicle, vehicle · keys, fuel card, and his assigned cell phone. Ben added that before she could retrieve the assigned vehicle and items, Ms. Roberta Frank brought them in that same day.

Ben then spoke about reports of vehicle moving traffic violations and that as a supervisor and overseeing the college fleet she is primarily interested that all traffic fines are paid within the timelines. Ben added that most of the violation or tickets are usually on the GSA vehicles whether eyewitnesses are calling to report allege offenses or photo generated citations. Ben added that she does not receive reports on the Dine College own vehicles for alleged violations as the GSA rental units.

Ben added that when her departments receive a notice of citation for traffic violation, she prepares a draft memorandum that is reviewed by Meadows to ensure that it complies with the Personnel Policy and Manual before it is sent to the supervisor or · department that last used the vehicle. Information is retrieved from for the-rental agreement, mileage logs, and other related rental information to identify the operator and the department.

Ben added that in the Fall of 2009 two employees from the Shiprock campus, Marla Atqitty and Cody Tupler both separately received traffic photo citations and the fines were paid. Ben added that is only interested in having the traffic fmes paid and had nothing to do with any disciplinary action as set forth in the Personnel Policies and Procedures Manual or three PPPs. Ben added that once a notice of citation is received in her department, she focuses only on having the operator pay the fine within the grace period.

Ben added when she receive a notice of traffic violation or a report, she gathers all of the documents and submits them to the Human Resource Department for appropriate disciplinary action and that is the extent of her department's involvement.

Ben added that most of the photo citations are generated in the Phoenix area and usually inyolv_es GSA vehicles. Ben added. that she personally inspects the. rental units before and after it is returned to the yard. Ben added that if she finds any damage or blown out tire, she charges replacement or repair cost to the renting department. Ben added that her qepartment would not rent units out if the department has insufficient funds and before any vehicle is released, the finance department must give its approval before the vehicle leaves the yard.

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Ben added that she like the seclusion and has held her supervisory position for four years. Ben added that she is also concerned about liabilities so she makes sure that insurance premiums are current and paid timely. Ben added that if there are any claims, the claim must be submitted to the insurance carrier within 24 hours. Ben further stated that it normally takes 3 weeks before a police report is finalized and ready for distribution.

Ben in closing stated that her department experienced vandalism to their rental units three years ago when she discovered cut fuel lines but since then with new security lights installed they have not had any incidents with vandalism.

We then concluded the interview.

Stella M. Ben had no complaints against the President so no questions were developed for him.

(9.) Interview with Sharon Ann Begay

On March 3, 2010, I interview-Sharon Ann Begay, ("Begay") at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Begay stated that she started working for Dine College in 2002 and that she is the Residence Life Manager and her job is to oversee the students staying in the dormitory. Begay stated that she has an AA degree in Business Administration. Begay added that she worked for the Land Grant Office, Community Outreach, and has done some bookkeeping in billing. Begay added that her supervisor is Priscilla Leonard who is the Director of Student Services.

Begay stated that she has a concern about the Chain of Command not being followed and certain instances and that there is micro-managing that consists of being overruled on her recommendation. Begay added that she deals a lot with alcohol and· drug abuse and uses the Student Code of Conduct in handling the student behavior and violation issues. Begay added that she has worked on making some eviction recommendations for the selling of alcohol, drinking alcoholic beverages, and also disorderly conduct by students and if arrests are made the student is taken to Chinle for incarceration.

Begay added that she does a lot of advising and talking to students and explain the appeal process and procedures that are in the Student Code of Conduct. There is no on the spot eviction of students who are recommended for expulsion from the dormitory. Begay added that when an eviction recommendation is made the students are allowed to appeal the recommendation to Priscilla Leonard, Vice President Largie, and the President.

Begay stated that she has had problems with students, and including: Hershel Clark; who is a nephew of the President, Rob Ryan Wartz, and Taylor Manson. Begay added that in one of the incident it involved all three students when they were caught drinking alcoholic beverage in their room at the dormitory. Begay added that the College

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has a zero tolerance and if a student is caught under the influence of intoxicating bevemges they get probation and they also get recommended for eviction from the dormitory.

Begay added that she made a recommendatfon that these three students get evicted and 'all three individuals appealed and the Director of Student Services upheld her recommendation for an eviction and the appeal went up to Vice President Largie for consideration but she delayed in making a decision for about four weeks. Begay added · that two of the students moved out but Hershel Clark stayed. Begay added that Vice President Largie allowed Hershel to stay in the dormitory and this created problems. The attitude of the students is that they can do whatever they want and if they get into trouble all they need to do is go directly to the President and have any infraction overturned or overruled. Begay added that this caused problems for staff by being reluctant to enforce Policies and it created complete chaos. Begay added that staff is asking why are we here and what is the point of trying to enforce the Student Code of Conduct. Begay added that it also affects Security and they are left with a big question as to when to enforce the Student Code of Conduct. The first matter was that Hershel Clark was a relative of the President and the.second is that these students should be given a second chance but the staff is not being consistent in applying the Policy. Begay added that the last Policy change was three years ago and tliat the Student Code of Conduct was working.

Begay added that after the incident with Hershel Clark everybody got together and the President indicated that the Student Code of Conduct should be revised and this incident took place in November of2009.

In January 2010, Begay added that the President got involved on behalf of Ervin Gonnie. Begay added that Gonnie was caught drinking and he was then recommended for eviction. The student contacted the President and it appeared that the student knew the President very well. Begay added that Gonnie was faced with an eviction and he got out of hand so Lt. Burbank had to be called to try to calm him down. Begay added that the Gonnie kept asking for the President so they called President Clark and he showed up. Begay added that when the President showed up at the dormitory and he said to Gonnie, "I'm here to overturn the eviction." Begay added that she, Lt. Burbank, and the secretary were present at the time when the President made that statement of oveiturning the eviction. Ervin Gonnie was one of the students who signed a complaint letter that was published in the Navajo Times on January 21, 2010 in support of President Clark.

Begay added that at the time Gonnie got out of hand he was not intoxicated but the staff had to call Security because he was yelling and they also had to contact his mother because of his erratic behavior. Begay added that the mother was informed that Gonnie was getting out of hand and that he was crying and that he was told to collect his property and he was transported home. Begay added that the Student Code of Conduct works and the students need to follow the Policies and if eviction recommendation or decision for evict is removed from the Student Code it would make things harder on the staff or if there is no support to carry out this part of the Student Code of Conduct.

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Begay added that in 2005 there were a lot of fights, drugs, and drinking in the dorms, and the President told her to clean up the dormitory. Begay added that the President told her that he was tired of Dine College being referred to as a party place and to change that image. So that is when the staff started focusing and using the Stude~t Code of Conduct and it was updated. Begay added that the students and the Board.of· Regents approved the Student Code of Conduct and they were then directed to implement that because the old Code was not clear.

In October 2009, Begay added that Hershel Clark was recommended for eviction from the dormitory but he stayed until November about four weeks on campus and he did not leave until close to the·end of the semester. Begay stated that because of interventions ~y the President, they were at risk of losing control and increase in incidents with students drinking and partying much more openly. Begay added that the students needed to consider the consequences of their actions.

Begay stated that is efforts in making amendments to the Student Code of Conduct but she was not informed nor any of her staff so she does not know why the President is attempting to change the Policy because it is working. Begay added that she believes the changes being made to the Code of Conduct are too lenient and they won't be able to evict students. The other things she found out is that the Residents Life Manager's recommendation will be abolished and that the decision-making responsibility will be given to the Dean of Administration. Begay added that the process will be longer and that you would lose time and the Administration will be at a disadvantage because they would not know the incident first hand.

Begay added that there is not much being offered students staying in the dormitory such as the gym closed at 8:00p.m. and the Student Life Center is also closed at 9:00p.m .. Begay added that it might be helpful if the gym stayed open longer and getting the students involved in extra-circular activity such as cross country, rodeo, archery, and bowling. Begay added that longer hours would give the students something to do after their classes, evenings and weekends and keep them active in a positive way.

Begay stated that it is important that the students as well as the President and Vice President Largie knows the rules, consequences, and the resources that are available and why things happen a certain way. Begay added that when the President overruled their eviction recommendation he knew the Student Code of Conduct but he just chose not to follow it. Begay said, "His attitude is that as President he can do whatever he wants." That attitude is not proper. Begay added that if the President continues to do that then the Staff is at a lost because they will not know what they are suppose to do or which way to go because they get mixed signals. Begay added that to avoid this they have the Student Code of Conduct to follow.

Begay then asked if talking to you would it come back to haunt me. Begay stated that she fears retaliation from the Human Resource department and from the President. Begay said, "If you ever go against the Administration they will get rid of you or pressure you to resign." Begay added that if you disagree or question, you are told that you do not

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support the Administration and HR is a part of the Administration. Begay said, "As staff we all fear the Administration and now that the morale with the staff is at a stand still and people are avoiding talking to the wrong person and trying to stay away." Begay added that she does not really want to talk and she doesn't want to get herself into trouble.

Begay added that she is not part of the Leadership Committee and that they are group talking about revising the Student Code of Conduct. Begay added that the Policy is working since its implementation and she does not see a need for revision at this time.

Begay added that not all students are involved only a select few who know who they need to go to and all these students are also in the Native American Church ("NAC") club.

Begay added that if the President wishes to stand up for the students then he should stand up for all students and not just for those he knows and who attend NAC ceremonies. Begay added that the President has never gotten involved with other students but only those he knew on a personal level. Begay added again that if he chooses to be involved then he should be involved with all the students regardless if they are members ofNAC or not.

Begay said, "The Student Code of Conduct allows us to be consistent and to be fair." Begay added that the Code therefore should be followed at all times. Begay stated that by overruling infractions only for certain students show the rest of the students that there is favoritism and the students will tell you that without hesitation. Begay added that the students would tell you whether or not the President will come to their rescue. Begay added that she overheard students making such statements. Begay stated that after the January 2010 incident with Gonnie, the students are saying that you have to know the President for him to come down here.

In closing Begay asked, "Who will see your report." I told her the Board of Regents and whoever they chose.

We then concluded the interview .

Reply by President Clark below:

72.) Have you ever stated to the Residential Life staff to clean up the dormitory and that you were tired of Dine College being perceived as a party place?

They had Ace is Wild dances every weekend ... beer cans were everywhere ... our philosophy is Sa'ah Naaghai Bik'eh Hozhoon and parents were complaining ... shift is to academic. This is not a party school. Dr. Largie and me went there and told them to take care of your health ... we had bootlegging and Meth sold ... the prior Residential Life Supervisor was selling ... brought in drug sniffing dogs. We have zero tolerance. Security said we have different rule for alcohol use ... got involve to protect students ... they been involved in auto accidents ... health, safety and welfare ... don't want

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to be negligent and not .say these things ... part of zero tolerance ... the recommendation was to purchase security cameras ... we spent.300 thousand for renovation ... we're here to serve the students ..

73.) Was the Student Code of Conduct, approved and adopted by the Board of Regents, dated August 16, 2008, while you were President of Dine College?

Yes

74.) Do you know the following students or former students Hershel Clark, Rob Ryan Wartz and Taylor Manson?

Hershel is my nephew, Taylor is my Naalii and Rob is_ a staffs brother and I don't know him

75.) Have you or did you instruct VP Largie to reverse an expulsion of Hershel Clark?

No, VP never reversed either ... all three were expelled

76.) Are you related to Hershel Clark?

Nephew

77.) Do you know Ervin Gonnie?

Yes, 3 or 4 years ago .. .I came on campus .. .it was a raining night ... a massive party ... a steady stream of students and I called Ron Belloli and I said what the hell are you doing ... students could freeze ... you could smell pot ... Ervin Gonnie ... his dad is a relative .. K'e ... heart for the students ... give more ... one more shot ... sat with him ... he came from a good family. If you mess up we kick you out...this past summer he said Nilii I'm ready and that he quit drinking and he came back but they put him in a room with a big guy ... a gang member and he ended up drinking.

The donn kicks you out if it is snowing and freezing. They kicked him out ... ready to kick him out ... the security found him ... he was hauling his stuff along the road and the staff were saying that he broke the policy ... staff next day kicked him out...they put him in with a big guy ... he was intimidating. I talked to his parent to pick him up ... these guys don't know how to talk to students and had the security take you home ... my wife was going to Farmington so the security took him to my wife .. .it was snowing that day. Staff is not trained in counseling ... held traditional counseling and prayer ... protection prayer ... hozho and NAC.

78.) Did you intervene in Ervin Gonnie's expulsion from the dormitory?

If I didn't do it he would have frozen

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79.) Is the Leadership Committee or Executive Committee attempting to amend or revise the August 16, 2008 Student Code of Conduct abolishing the Resident Life Manager's decision making authority?

No. Priscilla Leonard is suppose to develop the Student Life Council but has not developed it ... not got it going or organized. Student Code of Conduct must be revised.

(10.) Interview with Louise Litzin

On March 9, 2010, Louise Litzin, ("Litzin") Registrar for Dine College, was interviewed at Tsaile, Arizona. Litzin claims that she has been at the college for 32 years and her 33rd anniversary is in November 2010. Litzin added that she was hired on an emergency basis in November 1977 and she has seen a lot of changes during those years.

Litzin stated that the calendar year 2009 and up until now she has experienced the worst administration like the hiring of the current Vice President of Academic and Student Affairs. Litzin claims that the administration (President's Office) did not follow the college's hiring policy in the selection of the current Vice President Elvira Largie. Litzin is of the opinion that the college administration is only hiring friends for the top leveled positions. Litzin added that the personal friends of the President occupied the top key positions. Lifzin added that the President picked those key people in upper management.

Litzin gave an example that that during the selection of the new Vice President of Academic and Student Affairs the college had three applicants. Out of the three applicants, one of the applicant qualified but Dr. Elvira Largie was selected. Litzin claims that'she learned that another applicant was qualified but despite that Largie was selected for the Vice President position. Litzin added that the campus is small and words get around and that is how she learned that there was a more qualified applicant. Litzin added that Vice President Largie is terrible; that she is still in training and she lacked leadership skills.

Litzin added that as a Register she is responsible for taking care of all admissions, recording grades and providing data reports to BIE (Bureau of Indian Education), State and federal agency. Litzin said, "We know our numbers, we don't need the President, Vice Presidents or the Dean. We're running the school." Litzin added that despite their efforts (staff) they never got a thank you from anyone. Litzin added that by providing the required reporting, that was how the College receives its federal funding. Litzin claims that in the last 32 years during their audits there has never been any discrepancy.

Litzin stated that she has an Associate in Arts degree in Business and Liberal Arts. She earned her degree in 1991 when Dine College was still called Navajo Community College. Litzin added that she was taking courses towards a Bachelor of Arts degree but stopped after she lost her husband in an automobile accident in 2000 . Litzin added that she hopes to pursue her degree but it needs to wait a little longer because of her workload as a Registrar.

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Prior to coming to work at Dine College, Litzin worked in San Jose, California using a keypunch system in making data entries for the State of California. Litzin worked making data entries for about three years before joining Dine College. Litzin added that she is self-taught in how the system worked and she has always followed established policies.

Litzin added that she had many bosses over the years but more recently she worked with Dr. Janel Hinrichsen when she was appointed interim-Vice President.

Louise Litzin stated that the employees are getting conflicting information because of the current situation but they remain focus on the operation of the school. Litzin added that Vice President Largie has no leadership skills, provides no support to the Registrar's office, gives no directions, and has no future plans. Litzin added that she is really disappointed with the new Administrator Vice President Elvira Largie. Litzin added that she does not know why the President selected Dr. Elvira Largie for the Vice President position even though she was not qualified.

Litzin added that Vice President Largie is allowed to travel extensively and is never in her office and the employees are complaining. Litzin added that since the President has been on Administrative leave, Vice President Largie has slowed down on her travel substantially.

On September 9, 2009, Litzin stated that there was an incident involving one of her employees, Lorraine A. Jim, an Assistant at the Registrar's office. Litzin stated that Lorraine A. Jim was working late at night on files when she heard someone banging on the Registrar's office door. Jim went to investigate and found out it was Alexander Largie, Vice President Largie's son. Litzin added that Jim·reported that Alexander Largie told her that the President sent him to get a drop & add slip from the Registrar's office.

Litzin added that Jim reported that she followed Alexander Largie up to Vice President Largie's office. Litzin stated that Jim told her that there were some students in the office with the President and Vice President Largie. Litzin added that it was at the start of the Fall semester. Litzin added that the Largie kids cause problem in addition to a hand full of students that consists of nieces and nephews of the President. Litzin added that the Registrar's office employees felt threatened by the students and fear that their vehicle could get vandalized as retaliation.

Litzin added that she told Lorraine Jim to prepare a written report of the incident documenting her encounter with Alexander Largie on the night of September 2009. Litzin added that Lorraine Jim is afraid to submit a written report of the incident because she fears that she would face retaliation and lose her job. See Exhibit marked as "F"

Litzin stated that Vice President Largie was still on her probationary period but she ordered brand new office furniture. Litzin stated that she wanted to know why Vice

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President-Largie is allowed to receive new ~miture. Litzin added that this is an obvious favorable treatment. Litzin added that last Spring some faculties received money and a neighbor of hers got brand new vehicles. Litzin added that the rumor is that the President gave out cash to his buddies and that is not fair because some of the employees have not seen any salary increase in 1 0 years.

Litzin added that she is also concern that Dr. Timothy Begay and Vice President Largie are both teaming up to do her job performance evaluation. Litzin added that its not fair that they are not familiar with what they do in the Registrar's office and she is also suspicious that they might be plotting something against her because she is being interviewed for the investigation. Moreover, Litzin added that Vice President Largie has never supervised her and that Dr. Tim Begay has never stepped into their Registrar's office. Litzin added that Dr. Tim Begay does not have a clue of what type of services the Registrar's office provided. Litzin said, "I am a Policy person" and do not deviate from the policies and procedures.

Litzin added that she has been waiting awhile for an Academic Calendar so her staff can prepare their catalog and work on class scheduling. Litzin added that the Academic Calendar is usually prepared by the Vice President's office. Litzin added that each time she makes inquiries regarding the status of the Academic Calendar, Vice President Largie deferred her inquiry to Dr. Tim Begay but he in tum defers to Dr. Wesley Thomas. Litzin added that it appears that Dr. Wesley Thomas is advising Vice President Largie and Dr. Tim Begay on ~hat they need to do next.

Litzin stated that this is why she feels that there is no leadership or direction for the college. Litzin added that the College is lucky that they now have Ben Barney as the Interim President. Litzin added that Ben Barney has experience and that he can do the job but unfortunately he does not have the support of the Administrative staff. Litzin added that the Board of Regents made a good selection and it is the best thing that happened to the College but she wished that he had the support of the Administrative staff.

Litzin again spoke about her job performance evaluation and wondered why Dr. Tim Begay and Vice President Largie needed to team up for the evaluation. Litzin said, "Is it because they cannot make marginal decisions?"

Litzin added that the College needs someone with leadership skill and can make good decisions. Litzin said, "The staff is doing work but it is the top Administration that is the problem and they do not know how to do their jobs." Litzin added that the College could have been sued many times but she is a firm believer in policies and procedures and documents and that is why she feels the College has survived over the years .. Litzin added that the employees are the ones running the College and all they want is a "Thank you" once in a while.

Litzin then spoke about an incident on September 9, 2009 at the Registrar's office involving her staff, Lorraine A. Jim, and Alexander Largie. Litzin added that she just

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happen to run into the Presidynt at a meeting the following day, on September 1Oth. Litzin added that the President said, "I understand you talked to Evelyn Meadows, I just want them to apologize to each other and don't write it up." Litzin added that she had shared earlier the September 9th incident involving Jim and Alexander with the Human Resource Director. Litzin added that Meadows went to the President and told him what she had told her. Litzin added that since the incident the President has been avoiding the Registrar's office staff and that he no longer stopped by their office just to say hi like he use to.

Litzin stated that before coming in for her interview her staff encouraged her that she needed to share everything but they are reluctant to file their complaints in writing. Litzin added that if the President returns to work she definitely would be fired. Litzin added that the President, Vice President Largie, and Dr. Tim Begay are working together and that they are using the students to collect information and watching the staff. Therefore as staff they have to watch what they say at all times. Litzin purported that about a month ago Vice President Largie, Dr. Tim Begay and Georgette Cook were in the office and Cook alleged that her staff was creating problems for her by trying to get her out of the Student Body President position. Litzin added that the Registrar's office staff has to watch what they say because it would get back to the President and Vice President Largie.

Litzin stated that the staffs main fear is that when the President returns he will retaliate. Litzin added that if he does retuin she believes nothing will change in the Administration. Litzin added that the staff are also fearful of being called in for the investigation interview because once they are interviewed they will be mistreated by the Administration so the staff are avoiding complaining and reluctant to come forward. Litzin added that many of the employees have never left. the reservation or held any other jobs and that this is all they know such as the maintenance and other support staff

On March 23,2010, Litzin returned for a follow up interview and she spoke about her Job Performance Evaluation. Litzin stated that the evaluation was done by both Dr. Tim Begay and Vice President Largie. Litzin added that prior to her schedule Job Petformance Evaluation she was given a blank evaluation form. On March 7, Litzin stated that she was given a copy of a blank job performance evaluation form and told to prepare a self-evaluation that she returned the following day on March 8, 2010. Then on March 9, 2010, Litzin added that she met with both Dr. Tim Begay and Vice President Largie and she noticed ratings on her self-evaluation was reduced by- one number and some of the places on the evaluation sheet were marked with N/A such as task relating to the Registrar's Operating Budget. Litzin added that she prepares her own annual office operating budget that the Vice President didn't know.

Litzin added that she is also concern about her office is receiving conflicting instruction regarding the acting status of Dr. Tim Begay as the Dean of Academic Administration. Litzin added that on one hand the Human Resource Director is telling her office that Dr. Tim Begay stewardship status as the Dean of Academic Administration ended January 27, 2010. Litzin added that the Human Resource's

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position is that Dr: Tim Begay is back in his former position as the Chair of the CDTE. However, Litzin""atlded that Vice President ·Largie is telling her office that Dr. Tim Begay is still the Dean of Academic Administration and that he is their immediate supervisor. Litzin added that for that reason they are getting conflicting signals as to whether or not Dr. Tim Begay is their supervisor. Litzin aaded that someone is not following the Personnel Policies and Procedures Manual and it is causing confusion for the staff. Litzin added that because of the instruction from the Human Resources Department it is her position that Dr. Tim Begay is no longer her supervisor thus he should not be involved in her Job Performance Evaluation. Litzin added that Dr. Begay has never visited the Registrar's office nor seen her job description.

Litzin added that the indecisiveness of Vice President Largie is creating problems for the Registrar's office. Litzin added that the school does not have an Academic Calendar in place yet. Litzin added that Vice President Largie is unable to prepare the calendar and the delay is tausing them to fall behind on important dates and scheduling. Litzin added the inaction ·is causing unnecessary delays and is compounded by Vice President Largie repeatedly deferring important decisions to Dr. Tim Begay. Litzin added that an Academic Calendar must have deadlines. They need a calendar to prepare for the summer courses and that the development course changes still are needed and it must be addressed. Litzin added that to her knowledge, Vice President Largie has not been able to sign off on an Academic Calander. Litzin added that they have not had an Academic Calendar developed for the last three months since January 2010. Litzin said, "Vice President Largie is supposed to develop it."

Litzin added that there is nothing getting done at the Administration level and it is very frustrating and she is worried about the Higher Learning Commission's Accreditation review that is fast approaching. Litzin added that the inaction and delays could jeopardize the College's standing and risk of being placed on probation or suspended.

Litzin added that nobody has questiohed her position at the College Registrar or that the Registrar's position to be placed on job advertisement due to her Associates of Arts degree or being told that the position requires a muclr higher degree. Litzin added that nobody has questioned whether she is qualified to hold the College Registrar's position .

Litzin added that the State auditors were the only ones ever to compliment the Registrar's office because they never found any errors and that the records are well maintained. Litzin added that if the State or Federal Auditors imposes a fine or cite a suspension the school would be at risk of losing their operating funds.

We then concluded our interview.

Reply by President Ferlin Clark below:

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80.) On September 9, 2009late at night and after hours why was it necessary for you to send Alexander Largie to the registrar's office to retrieve drop/add slip and scared Lorene A. Jim in the process? ·

I am trying to figure it out ... he went down and they had a disagreement ... request is for the purpose of drop and add slip ... it was at 5:00pm or 6:00 pm and she was still there ... his own style ... shaking ... the question is good .. .its about students.

81.) When the incident of Alexander Largie knocking the window, rattling the shutters and kicking the door to the registrar's office, on the following day did you tell Louise Litzin, Registrar, not to write up the incident but you wanted Lorene A. Jim and Alexander Largie to apologize to each other and forget the whole incident?

I don't. .. they probably needed to talk ... his mom is Vice President Largie. The incident occurred .. .I didn't do anything .. .I didn't intend ... threat or intimidate anyone. Lorene Jim was upset ... she said she didn't appreciate it and I agree with her but I didn't witness it. . .I don't know what happened.

(11.) Interview with Ed McCombs

On March 9, 2010, I interviewed Edward McCombs, ("McCombs"), Public Relation, at Dine College in Tsaile, Arizona. McCombs is primarily responsibility for public relations and his supervisor is Vice President Curtis Ray Benally. McCombs added that he has been working at the Dine College for about twenty-seven years. McCombs added that he has a Masters Degree in Education and a Bachelors Degree in Communication.

McCombs added that he has also worked for Salt River Project as a consultant, worked for the Bureau of Indian Affairs Forestry Department and for the Navajo Division of Education and in 1983 under Dean Jackson Administration he started with Dine College. McCombs added that he married a Navajo woman in 1974 and moved to Crystal, Arizona. McCombs added he worked with twelve different Presidents at the Dine College. McCombs added that during the times he has been at Dine College there has always been controversy. McCombs added that his father-in-law was the late John Brown who was a Navajo Code Talker.

McCombs added that Dine College emphasis is on Dine Education Philosophy that has been difficult to separate culture and religion. The College employees are required to take the Dine Education Philosophy (DEP) courses hosted by several Navajo speakers talking about Navajo cultural and that attendance is mandatory and every employee is required to attend the lectures.

McCombs added that the instruction ofthe DEP is to teach the employees that Dine College's foundation is based on Saah Naaghai Bik'eh Hozhoon (SNBH) a Navajo philosophy. McCombs stated that he does not really have any particular complaint but mostly concerns about the way things are done at the College. McCombs added he is

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concerned about the approach on how the Navajo Philosophy is being taught at the school. McCombs added that the President is trying to push staff into participating in the Navajo traditional religious practices on campus such as in open meetings. McCombs added that the President publically said that this is our Philosophy and if you don't like it there is the door. McCombs added that if you don't agree with the President he makes things very difficult for you. McCombs added that these types of comments do not sit well with many of the staff at Dine College.

McCombs added that he is also concerned with the President stating that you are not a real Navajo if you don't believe in the Basket or the Navajo traditional religion then there is the door. McCombs added that the President has stated to him that Dine College was similar to Brigham Young University where he attended schooL McCombs however disagrees with that comparison because BYU is privately funded but Dine College is federal and tribally funded institution. McCombs added that therefore there must be a separation of State and Religion at Dine College. McCombs added he is also disturbed by the President's position that the school doesn't have to give much attention to the Higher Learning Commission because Dine' College is a tribal college and under the Sovereignty of the Navajo Nation and that the Administration can do things that it wants.

McCombs added that for those kinds of statements, the staff sometime opposes what the President says. McCombs added that if you oppose the President's position on any issues he would quit talking to you and he would make you feel uncomfortable and unwelcome. McCombs added that his impression of the President is that he is a racist. McCombs added that the President would like to see the Christian churches disappear because he considers it as a threat to the Navajo people. McCombs added that comments such as these do not sit well with the staff. McCombs added that the Native American Church club on campus is pr<;>Of and the ceremonies held is being done for the personal benefit of the President and that College resources are being used.

McCombs added that Jack Jackson, Sr. has once stated to him that he was trying to raise $5,000 for a medicine man to conduct a ce:r:emony. McCombs added that he stated to Jackson why pay a Navajo medicine man when he could use a Mormon Elder to pray for free and that he could get better results. McCombs added that he has not been invited back by Jackson to other meetings in awhile because of his comment. McCombs added that he is a member of the LDS (Mormon) Church and his church group uses the Dine College facility. McCombs added that his members pay $60 dollars for use of the facility to hold their church services. McCombs added that NAC members on the other hand do not pay to use the Dine College Facilities. McCombs added that he heard from Walter Jensen of the Student Services that his church group (LDS) is the only organization that pays to use the College facilities.

McCombs added that the President has stated to him that he was not going to be at Dine College forever and that he also stated the same to Vice President Ron Belloli and Francesca Sheikh. McCombs stated that the President is saying that because he does not want White people to be at the Dine College. McCombs added that he realizes that he is

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a guest to the Navajo Nation. McCombs added that there is no cause for the President to say what he has been saying to the White College employees.

McCombs added that such comments directed at the White staff by the President is making Francesca Sheikh feel threatened. McCombs added that on the other hand, Vice President Ron Belloli is not threatened by the comments. McCombs added that he does not want to be run off. McCombs added that he was a widower and that the President Clark is aware Qf his loss. McCombs added that he earns his paycheck and he had approached the President for a raise but the answer was an emphatic no. McCombs stated that the President said, "No Way" and his statement was cold and without any feeling. McCombs ad~ed that the President has made similar kind of statements without feelings and treated the former Vice President of Institution and Advancement, Cameron K. Daines, callously that he decided to leave Dine College. McCombs purports that he heard the President say, "You make a shitload of money" to the former Vice President of Institution and Advancem,ent Daines and due to repeated verbal abuse and lack of respect caused him to leave Dine College.

McCombs added that the President does not like White people and that he uses them and discard them. McCombs added that the President however acts and speaks differently·when he wants. something like funding from non-Navajos. McCombs added that the President is a prejudice person thus he is not the best person to represent the Dine College.

McCombs added that he also is concerned about how some monies were used from the Wisdom of~e ~eople Grant and that some of the monies were given to certain staff favored by the Pr~sident before a product was produced. McCombs added that the monies were given ou~ arbitrarily to those people the President selected. McCombs added that the Presideq.t selected certain staff including a relative and they were all arbitrarily paid funds from the Wisdom ofthe People Grant.

McCombs also stated that when the President was suspended, he told him that he was not doing enough to smooth things over. McCombs added that the President called him late at night and told him that he needed to do more and to get Andy Ayze to retract his statement that appeared in the newspaper in 2009. McCombs added that he was also told that he needed to act in the best interest of the College and to do more. McCombs added that when the Pr;esident returned from his suspension he stated that he was exonerated. McCombs added that he had a difference of opinion regarding the matters so . ,, for that reason they got into it. McCombs added that the President asked him to write a new story after his returned but he never did. McCombs added that if you disagree with the President on anything he would start giving you the cold shoulder and exhibit other unprofessional behavior.

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McCombs added t}lat he worked very closely with Dr. Tanya Gorman-Keith and with her assistance the' school was able to get their accreditation and through her leadership she put the111 i~ a positive light with the Higher Learning Commission.

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McCombs also spoke about the selection of Vice President Elvira Largie. McCombs added that Vice President Largie came from the Chinle School District and the rumor was that she did not qualify for the Vice President position at the Higher Institution level. McCombs added that Vice President Largie is getting preferential treatment by having her office renovated on the third floor, a chain link fence was installed around her apartment and renovations to her apartment. McCombs added the contractor who made the renovations on the property said to him, "She gets whatever that she wants and the President bows down to her". "The improvements and renovations are favoritism", said McCombs. He added that Vice President Largie has gone on trips even before completing her probationary period as the Vice President.

McCombs then spoke about some staff talking about possibly filing a lawsuit because of the administration's emphasis on Navajo religion and not Education. McCombs added that there is a fine line between religion and State and he feels that the Administration has crossed that line. McCombs added that the President has held some ceremonies while representatives from other colleges and fund providers were visiting the College campus.

McCombs added that the President also hides behind the students and he uses the students to hold NAC meetings. McCombs believes that the President is using the students for his own political gains.

McCombs added that the President yelled at him after he spoke with Francesca when he had said that she would not be at the College forever. McCombs added that the President said, "I don't want you to open your mouth that this is confidential." McCombs added the President has been angry with him because he shared what the President said about Francesca Sheikh that she is not going to be at the College forever. McCombs added that he has also witnessed the President yelling at the former Librarian about three years ago. McCombs added that when the President gets angry he gets very angry.

McCombs added that the President did not want to come to his wife's funeral. McCombs added that the President explained to him that it was because he didn't want to have a lot of ceremonies done for attending the funeral. McCombs added that the President prays to his traditional basket and observes his traditional beliefs without any interference from any of the College staff. McCombs added that he should also be allowed to freely pray to his Heavenly Father the way he chooses. McCombs added that the President prays to objects but that it was not his way. McCombs added that the President wants him to pray to objects and to participate in NAC meetings and if he says he doesn't want to he would be made to feel unwelcomed and not needed at Dine College.

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McCombs added that he also disagrees with some of the instructors who teach the students that Peyote is their religion. McCombs said, "That is not true." McCombs added that he knows that NAC ceremony is not a true traditional Navajo religion but rather it was adopted. McCombs stated that he respects NAC but to say that its part of the Navajo religion it is an untrue and for that reason he must disagree with that teaching.

In closing, McCombs stated that the President believes that Ron Belloli does not support him and that is why he does not talk to Belloli.

We then concluded the interview.

Reply by President Ferlin Clark below:

82.) What did you mean by saying you're not going to be here forever to Edward McCombs? 1

President Clark laughs. Not for all ofus ... folks been here 10, 20 or 30 years ... go live life ... we need to prepare the next generation for Dine College ... he lost his wife .. .I will not be President here forever obviously. We take walks together and I confided in him ... bounce things offhim ... highly respect Ed McCombs.

83.) Is it true that you give favorable treatment to VP Dr. Elvira Largie and allow her to travel while she was still on her probationary period?

' I don't think so. I might not be here forever .. .! was up in the air. .. she is possibly

the next President. Sent to meetings ... routine folks to talk to ... heads of the area ... part of routine.

84.) Have you treated staff that do not participate in NAC meetings as if they are not welcome or needed at Dine College?

Of course not. Ed McCombs holds Mormon church services here .. .I don't force or require ... a lot of ignorance ... we have a traditional basket ... why not support the college if it is the underlining policy. I don't treat them any differently ... they have freedom ofworship ... they drink wine ... the Catholic church ... they say peyote is a drug but it's a religion and students participate ... a practice at Dine College ... part of the students and ongoing for forty years. Ta'didiin is underline, built a fire and have tobacco philosophy is unique of the college .. .it is one of a kind and I invite others to pray.

(12.) Intervie':V with Thomas Bennett

On March 9, 2010., I interviewed Thomas Bennett, ("Bennett") who is the Director of Pre-College Prep and his office is located at the Shiprock Dine College Campus. Bennett stated that he has been managing the program for about one year and his focus has been to develop a uniform program at the college whether at a satellite campus or at Tsaile. ,

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Bennett stated that he started with the Dine College in 1988 while fresh out of college. Bennett added that he seen a lot of changes over the years while he has been at the school. Bennett holds a Bachelor's degree with about 30 hours towards a Graduate degree in Counseling from the Western New Mexico.

Bennett added that all of his work experience has been at the college Learning Center in Adult Education. Bennett added that his supervisor is Dr. Elvira Largie, Vice President of Academics and Student Affairs. Bennett added that he was raised in the Shiprock community and his experience has been in Adult Education.

Bennett added that his primary concern is the bad press that the school has been getting lately and to cope with that he is focusing on the students and his job. Bennett believes that things work it self out. Bennett added that being located in Shiprock and away from Tsaile he notices a different feeling among staff here at Tsaile. Bennett added that he thinks the staff at Tsaile is fearful and that there is an uncertainty among staff. Bennett added that he is fortunate that he has good working relationship with his staff.

Bennett added that there is a need for supervision, the supervisors need to tell staff which direction to go and there might be a problem with the first line supervision. Bennett added there is also a problem with some selective communication and that effective communication must be transparent. As an illustration, Bennett added that often when a new person is hired they are not introduced but that you just start seeing them around. Bennett added th~t it should be the department's responsibility to introduce their new staff to the rest of the departments but they fail to exercise that courtesy.

Bennett added that he has worked hard to secure funds for his GED program from the New Mexico State for his Adult Education program. Bennett stated that his program's focus is retention and developing preventative measures and part of that has been keeping students motivated so that they complete their studies. Bennett added that many of the student participants have jobs and they are raising their families.

Bennett then spoke about his observation of the treatment of employees in the different department. Bennett added that staff treatment varies from department to department. Bennett added that he has witnessed yelling at subordinates on Tsaile campus. Bennett believes'that supervisors have no reason to be yelling at their subordinates and all th~t they need to do is maintain an open communication. Bennett added that the supervisors must let their employees do their jobs.

Bennett added that it is unfortunate that some departments do not work with each other because he has encountered unhelpful employees. Bennett explained that his department submitted some paperwork for processing and they inadvertently omitted a simple account number. When the omission was discovered, his staff provided the proper account number and asked to have it entered on the form but instead the document was returned to his department thus causing unnecessary delay. Bennett added that the

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employee for unknown re!isons didn't have the sense to enter the account number and process their paperwork.

Bennett added that if there is any favorable treatment of employees by management, he was not aware of it. Bennett added that Vice-President Largie has brought in all the department chairs to work together and that is advantageous to her because she has the ears of the department chairpersons.

Bennett further; stated that he was delegated and put in charge of developing the math classes for the college but his efforts were impeded. Bennett added that it was known among the staff that the math development was under his directorship but it was expanded to include Arts, Reading classes, and Algebra without consulting him. Bennett added that he wanted to make course changes that were in the IOO's level courses and upper classes but was stopped by Vice President Largie. Bennett believes that some other department chair stepped in and stopped his effort. Bennett added that if a decision is made then it should stand, observed and not changed.

Bennett added ~hat the purpose of the development classes is to help students succeed and to prepare them for college. Bennett added that he gets along with Vice President Largie. Bennett further stated that Vice President Largie's background is in Elementary Education and that Post Secondary Education was a totally different animal for her. Bennett added that perhaps that is the reason why Vice President Large gets easily swayed because she doesn't have Post Secondary Education experience and that she is easily influenced by the department chairs.

Bennett added that he is disturbed about receiving an email one day from one of his employees that she' was transferring from his department into the Humanities Department. Bennett ~dded that he didn't know anything about the transfer and he was totally left out of discussions and the decision regarding the matter. Bennett added that Vice President Largie and Irvin Morris, Humanities Chairperson, had approved his employee's transfer to the Humanities Department. Bennett further stated that the Human Resources Department was involved in the transfer but the parties never involved him. See Exhibit marked as "G"

Bennett added these types of action causes for concern and in addition to the unannounced transfer the. employee's salary is still paid from his department budget. Bennett believes that the employee was not qualified for the position she was transferred into at the Humanities Department.

Bennett said, "If the transfer was done properly Mr. Irvin Morris would have seen that she didn't qualify for the postion." Bennett also said, "It is beyond me that Vice President Largie could have approved the transfer because of the credentialing process." Bennett added that his employee was Shelly White. Bennett stated the unplanned transfer caused tremendous prqblem for his department because they were not prepared to find a substitute instructor. Bennett again stated that he was not consulted about the transfer

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u and the only communication he received was an email from Shelly White that read I'm taking leave and moving to humanities.

Bennett added that Shelly White was teaching Pre-College Developmental classes and suddenly she jumped to college level English courses. Bennett added that White has only taught 3 to 9 credit hours. Bennett stated that White jumped to co.llege level courses for which she does not qualify. He added that if the Higher Learning Commission learns of an unqualified instructor teaching college level courses it could jeopardize the college's standing.

Bennett added that he encourages staff development by having his employees take on-line courses, attend trainings and workshops. He also encourages his staff to join associations so they stay current in the department's field.

Bennett added that if any person is receiving favorable treatment it has to be Vice President Largie because her office is getting a complete renovation. Bennett added that the office space had been occupied by the higher learning center and all the data kept there had been moved. Bennett added that he doesn't know where the data has been moved.

Further, Bennet.t stated that his department has been working closely with Dr. Deborah House but Chairman Irvin Morris wanted her out of the Humanity Department. Bennett believes that Chairman Morris has been trying to get Dr. House out of the Humanity Department because she has been helping his department. Bennett added that his department took over the responsibility for the basic reading and writing from Morris' department so that all development courses could be centralized. Bennett believes Chairman Morris attempt to get rid of Dr. House from the Humanity Department is retaliation against her for helping his department. Bennett added that Chairman Morris has been against centralization of all the developmental courses.

Bennett contends that policy was not followed when Shelly White moved to the Humanity Department because no one extended him the courtesy of her intended transfer. Bennett added that the Human Resource Department emphasize that policies must be followed but unfortunately people misinterprets it as HR dictating especially when their requests gets disapproved. Bennett added that all employees should adhere to the established policies and procedures but it has been his experience that Vice President Largie and Humanity Chair, Irvin Morris, override and just ignore the policies and procedures.

In closing, Bennett added that despite problems at the college he is coping by focusing on his job and ride out the waves.

We then concluded the interview.

Thomas Bennett had no complaints against the President so no questions were developed for him.

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(13.) Interview with Lorene A. Jim

On March 10,2010, I interviewed Lorene A. Jim, ("Jim"), at Dine College campus in Tsaile, Arizona. After explaining the purpose of the interview, Jim stated that she has been working for Dine College for 26 years and she is currently an Office Coordinator with the Department of Administration and Records. Jim added that she attended Eastern Arizona College but didn't complete her studies. Jim added that she pursued with her studies at Dine College and earned 23 hours towards a Liberal Arts degree in Office Administration. Jim added that all her work experience has been at Dine College. Jim's supervisor is Lousie Litzin, Registrar.

Jim stated that her complaint is against the President. Jim alleges that the President clearly favors certain students. Jim added that about two years ago two students were late in registering, the classes were full and four weeks into instruction and the registration closed yet the two students went to the President. Jim added that the President came to the Registrar's office and directed Louise Litzin, the Registrar, to reopen the class and let the students register. Jim added that they later learned that the two students were related to the President. Jim added that the President was told that it was too late and several weeks into the session but he would not take no for an answer. Jim added that the President told them that he was President and he doesn't need to abide by the policies and procedures. Jim purports that the President then tracked down the class instructor and sequred his signature authorizing the students to register for his class. Jim added that the President personally went to the Faculty's house to get authorization and signature for the students to register for his class. Jim added that the President returned with the authorization and paid the two-dollar fee. The President Clark then told them to register the students. Jim added that she does not remember the names of the students that the President circumvented the policies for so that they could register for closed classes.

In the Fall of2008, Jim stated that the President intervened on behalf of his brother, Fitzgerald Clark, and reopened a cancelled class for lack of students. Jim stated that this intervention was for a class at the Shiprock campus. Jim added that the Register's office closed and canceled a class because there were only two students registered for the class. However the next day the President called and asked why the class was cancelled. Jim added that the following day Chairperson OJ Vicenti or Donald Denetdeal of the Navajo Language Department turned in signed paperwork to reinstate the cancelled class. Jim added that the Registrar's office was then instructed to reopen the closed class. Jim added that the people were asking questions why there were only two students and still the class was reinstated. Jim added that the class was reopened to benefit Fitzgerald Clark, the President's brother.

Jim added that three weeks later the other student dropped out of the class and Fitzgerald Clark was the Qnly person to finish the course. Jim stated that most of the instructions were verbal except the Course Schedule Request Form (CSR). Jim stated that other students wanted to get into the class but were not allowed. Jim added that it is

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Dine College Policy that ifthere is low enrollment of 5 or less students registered, the class is cancelled. Jim added that if a class has less than 5 students then the instructor does not get paid.

Jim added that she also has a complaint about the President using his position to benefit his brother's girlfriend who owed $1,800 to the College for room and tuition. Jim stated that the student wanted to re-enroll and get a copy of her official transcript but it is school policy that all outstanding debt must be paid before re-enrollment or a transcript is released. Jim added that the President wanted to have the students' debt cleared with the school. Jim added that the President told the Registrar's staff that he would pay offthe debt and to release the transcript to the student. Jim added that the transcript was released but the President did not pay on the outstanding debt as he stated that he would. Jim added that this happened about four years ago and she did not recall the individual student's name.

Jim added that the President attempted two or three other times to clear students' college debts. Jim added that the President has only given verbal instructions and nothing in writing to the Registrar's office to release school official transcript to students the same day despite that the students owe huge debts. Jim purports that the President would say to the staff that he is the President and orders to prepare and release official transcripts to certain students. Jim stated again that the directives are always verbal and never in writing.

Jim added that preparation and release of an official transcript is usually next day service. Jim added that the information on the procedures for obtaining an official transcript is in their Policy and is referenced in the school catalog and the students are aware of the policy. Jim added that only those students who personally know the President go directly to him when the student's request for a copy and release of their transcript is denied. Jim added that the President usually calls Louise Drake directly and then tell her to prepare an official transcript and release it to the requesting student the same day.

Jim contends that the President has made at least 50 such calls directing the Registrar's staff to prepare and release official transcripts to students. Jim added that the President usually make an in-person follow up to make sure that the Registrar office staff prepared and released the transcripts to the students. Jim added that by releasing official transcript to students with outstanding debt the same day is a violation and that they are bending their own Policies for only those students who know the President personally.

Jim stated that the school has converted to new software program for maintaining data and the system has been operational since September 9, 2009. Jim added that they converted from the old· CX system software to the new EX software and she doesn't know if the old data were still in the system and if the data are retrievable or that the data is lost. Jim added that Sc~tt McKenzie, IT Specialist, is the person who set up the new EX data software system. Jim added that she does not know whether or not the information or the name of the students could still be retrieved from the hard drive.

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Jim added that she also has another complaint against Vice President Largie, Dr. Tim Begay and the President for extending registration deadline only for certain students. Jim added that the Registrar office staff usually tells students that there is a registration deadline ahead of time. Jim added that most students comply but only certain students goes directly to the Vice President Largie, Dean Dr. Tim Begay or the President to complain. Jim added ~hat the students know about the Policies but they go over or around them and get what they want. Jim added that by standing on the Policies and Procedures the Registrar's office staff are labeled as bad people and giving students a difficult time. Jim stated that only certain students know how to get around us and they labeled the staff as the bad people just because staff sticks to the Policies and Procedures. Jim added that at least 10 to 15 students always go directly to Vice President Elvira Largie, Dr. Tim Begay or the President to get their way.

In September of2009, Jim stated that the Registrar office was back logged with student registrations so she decided to work late one night to file some paperwork at the office. Jim added that she had closed the window blinds and closed the office. Jim added that the closed office sign was up. Jim added that at approximately 6:45p.m. that night she heard the blind mounted on the door rattling. Jim added that she also heard someone yelling open the door I know you're in there. Jim added that she tried calling the security officers twice but no one answered the phone. Jim added that she saw fingers inside wiggling through the bottom slot in the window on the front counter. Jim added that the slot was an opening like what you fmd at the bank. Jim added that the person was trying to get into the office.

Jim added that the individual was saying that the President sent him and he wanted a drop/add slip. Jim added that the individual became aggressive and started kicking the door so she opened it and asked what he wanted. Jim added that it was Alexander Largie Jr. at the door. Alexander Largie is Vice President Elvira Largie's son. Jim added that Alexander Largie told her that the President sent him and wanted a drop/add form. Jim added that she asked why they needed a drop/add slip late at night while the office was closed. Jim added that she told Alexander Largie to come back in the morning. Jim added that Alexander Largie tried to force his way in by pushing on the door but she held her ground and asked again why the President wanted a drop/add slip. According to Jim it was about 7:05p.m. by that time and because of Alexander Largie, Jr.'s persistence she agreed to follow him to the second floor to Vice President Largie's office. At the office, Jim added that she saw the President, Vice President Largie and about five students sitting in the back conference room of Vice President's office.

Jim added that she motioned from the doorway to the President to come out. Jim added that when the President came out to meet her, she asked him what he wanted and then told him about Alexander Largie's unacceptable behavior, his attempt to force his way into her office and kicking on the office door. Jim added that she asked the President why he needed a drop/add slip at such a late hour. Jim further stated that she told the President that she did not appreciate Alexander Largie's behavior and how he kicked on the door. Jim added that she then gave the President the drop/add slip form.

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Jim added that the President just laughed. Jim added that she told the President that she intended to write up the incident. Jim added that the President just continued to laugh and he replied to her that you don't need to do that and then he returned to rejoin the group in the conference room. Jim added that she returned to the Registrar's office to lock up and she left the office at about 7:45pm. Jim added that she was extremely upset by Alexander Largie's behavior and for kicking on the door and to almost physically forcing his way into the office with her.

Jim added that the following day she told her supervisor Louise Litzin the incident with Alexander Largie. Jim stated that Litzin told her to write up an incident report and submit it to the Human Resource Department. Jim added she wrote up the incident report but chose not to release the report because she fears retaliation from the President and Vice President Largie. Jim added that she fears that she will lose her job for releasing the incident report regarding Alexander Largie. Jim added that Vice President Largie oversees her office and nothing prevents her from coming after her and that she was their boss.

Jim added that Vice President Largie has already been degrading the Registrar's office and accusing the staff of not helping the students. Jim added that Louise Litzin has already been to the Human Resource Department and spoke with the Director Evelyn Meadows about the incident. Jim added that Evelyn Meadows in tum told the President and he recommended that Alexander Largie should apologize to her.

Jim added that there has been another incident with Alexander Largie. Jim added that Alexander Largie tried to register for a class that was full. Jim added that she told him that the class was full but Alexander Largie accused her of not helping the students and he threatened to report her for refusing to help him. Jim added that Alexander Largie goes to his mother, Vice President Largie, when he doesn't get his way at the Registrar' office. Jim added that Alexander Largie use to tell people on campus that Vice President Largie was his aunt.

Jim added that Alexander Largie also goes to Dr. Thomas Begay to get around the Registrar's office. Jim added that Alexander Largie has gone to Dr. Thomas Begay to get an override and approval to get into a class that was full and closed. Jim added that Alexander Largie got the approval from Dr. Thomas Begay to get in a full and closed classroom. Jim added that Alexander Largie delivered the proper paper confirming that he was given written approval to get into the class. Jim added that since the incident of September 2009 with Alexander Largie, Vice President Largie has been targeting her and looking for reasons to terminate her. Jim added that she has been keeping a journal on her personal computer at home and recording all the encounters and incidents. Alexander Largie is one of the students who signed a complaint letter that was published in the Navajo Times on January 21, 2010 in support of President Clark.

Jim added that preferential treatment is extended to all of Vice President Largie's children and, including her daughter in law, who are attending school. Jim added that Amber Largie was also allowed to get on the College Rodeo Team despite the fact that

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0 she did not have the necessary information to verify her eligibility. Jim added that Amber Largie got her mother, Vice President Largie, involved to get the documents processed to become eligible to participate in the extra-circular activity.

Jim added that she is concerned about Vice President Largie accusing the Registrar's office staff of being rude to the students but she is refusing to identify which students are making the allegations. To protect themselves against further allegations, anytime when any of the Vice President Largie's children come into the Registrar office they try to have a witness available. Jim added that work got very stressful that she almost quit her job twice, once in November 09 and then again in December 09. Jim claims that the stress is caused by intimidation and the constant fear of losing her job. Jim added that she is seriously considering retirement due to the stress.

Jim added that there are other students besides Alexander Largie who give the Registrar's office problems like Gilbert Dee. Jim added that Gilbert Dee hangs out with Alexander Largie. Jim also identified Marcus Largo as a difficult student who is related to the Vice President Largie's secretary Terri LaMotte. Jim added that Marcus Largo had attempted to get on the Student Body Committee but he was ineligible because of his grades and that he is 01;1 a probationary status. Jim added that Largie's girlfriend has also received preferential treatment by getting into a class that had been already closed and she used Vice President Largie's influence and position.

Jim added that Dr. Tim Begay is also exhibiting the same type of behavior as the President by changing school records for certain students. Jim added that Dr. Tim Begay is also making verbal directives but will not sign any paperwork supporting his verbal directive to change record for certain students. Jim added that Dr. Tim Begay changed a letter grade from an "F" to a "W" for a student and he directed the Register's offic~ to make the changes by verbal directive only.

During the recent registration, Jim added that the registration was closed for about two weeks and well into the instruction when a student approached the Registrar's office and asked to register for a class that was closed. Jim added that Dr. Tim Begay intervened and gave the Registrar's office staff a verbal instruction to register the student in the class. Jim purports that Dr. Tim Begay said, "I am the Dean, register the kid" for a closed class. Jim added that Dr. Tim Begay is never around and they do not see him in his office and that he does as he pleases. Jim added that Dr. Tim Begay also approved Amber Largie to get into a closed class. Jim purports that Dr. Tim Begay, Vice President Largie and the President are not observing the Policies and Procedures thus creating difficulty and interfering with the work at the Registrar's office.

We then concluded the interview.

Reply by President Ferlin Clark below:

David Jordan asked how much longer - took a brief break

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85.) Is it true that you favor certain students and get them registered despite the fact that a class is full and about 4' weeks into instruction?

I remember on one occasion ... lead to a good understanding ... its about students. A parent asked can you get my daughter in ... another ... a non-Navajo and funded her ... sat with Louise Litzin and Wesley, Thomas ... on placement exam she did not do good but she prepared and retook it and class was already going. Pre-college don't transfer ... we lend funds for Pre-college courses program ... why do we charge for Pre-college ... family don't have to have PhD and if its okay with faculty ... make a decision for people.

86.) How are you related to Fritzgerald Clark?

Little brother.

87.) In 2009, did you reinstate a canceled class at the Shiprock campus for low enrollment just to benefit Fritzgerald Clark?

No, I'm not aware of classes he is taking. I'm not aware that he was taking classes. We say ifless than 5 students we cancel a class ... Dine College ,is Title II, a demonstrated need ... Title I is based on count and Title V is for Tech Colleges. Why cancel a class ...

Of course not. I didn't know he was registered for a class.

88.) Have you ever verbally instructed the registrar office staff to process transcript for students even though they owe a huge bill to the school? ·

I made some instruction but worked through the business office ... they ... student need transcript ... it's a catch "22" ... they need it for work ... Business office makes payment plans for them.

89.) When Lorene A. Jim reported to you that Alexander Largie was kicking the registrar's door and that she was going to write it up, why did you just laugh and say, "You don't need to do that."?

I don't recall. .. a lot of students complain that there is lack of customer service ... they are rude ... that is background information for you.

(14.) Interview with Amanda McNeill

On March 10, 2010 I interviewed Amanda McNeill, (McNeill), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, McNeill stated that she has been with the Dine College since January 2001 and that it has been nine years for her. McNeill added that she started as an adjunct instructor and was promoted to Managing Grants Director and previously worked as a Dean for the Shiprock center. McNeill stated that she is currently the Director of Grants Development and Special Projects and that she

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works closely with her committee in overseeing the grants received by the Dine College. McNeill added that she has a Master Degree in Social Science with Anthropology. McNeill stated that she supervised Curtis Ray Benally before he was promoted to the Vice President position.

McNeill stated that she does not have a specific complaint and she does not want to sound like a whiner but she would rather couch it. McNeill added that her office gathers information and she does not have anything specific or formal comp~aint but she wishes to express some concerns. McNeill added that she is getting some resistance from the President intentionally by refusing to give her information relating to grants received in his office for Dine College. McNeill said, "The President has been getting nuttier and nuttier and he is becoming strange in his behavior."

McNeill added that in January 2010, the staff had a convocation that runs two or three days and at this event both Vice President Largie and the President appeared unprepared. At the convocation, McNeill added that staff usually takes time to conduct an assessment of activities, workshops are scheduled, topics like Higher Learning, Accreditation, Faculty difficulties relating to the College are discussed and any other changes at the College. McNeill added that there is usually a strategy planning with a big presentation. McNeill added that faculty-breakout sessions or learning sessions are also schedule. MeN eill added that the convocation is something similar to an orientation for faculties and staff. McNeill added that participants usually have high expectation for the Convocation but this year it was a big mess and chaotic. McNeill added that one of the problems was that the President and Vice President Largie were trying to cram 100 faculties into a room that is made to hold 30 people.

McNeill added that tension was high at this year's Convocation. The President yelled at her. That was unprofessional while a lot of people were around. McNeill added that the Convocation was held at the Hogan room and the President was obviously angry. McNeill added that the President was talking but he was incomprehensible. McNeill added that Vice President Largie was responsible for the planning but it was poor planning that she notices as a typical trait of Vice President Largie. McNeill added that Vice President Largie did not take the time or the initiative to ask questions as to how things are normally done or how to prepare for the Convocation. McNeill added that there was a lot of chaos and disarray at the Convocation. McNeill added that it is becoming a normal expectation of her to be unprepared because she does not check with people. McNeill added that Vice President Largie has not learned what is expected at the Convocation. McNeill added that she was offered help when she joined the Dine College staff but did not take up the offer.

Moreover, McNeill added that the President announced that there was a grant for $100,000 awarded by the Lumina Foundation and based on her understanding that grant was deposited into the Wisdom of the People Program account. According to McNeill, the funds are for ethnography interviews of individuals who had Navajo traditional cultural knowledge. McNeill added that she caught up with the President after a presentation where he announced the grant award and asked him for a copy of the grant

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award letter but he replied, "We're not gonna tell you, nah nah nah". McNeill added that she didn't know whether or the President was teasing. McNeill stated· that Thelma Johnson and some other people were around when the President made that response to her when she asked information concerning the $100,000 grants that Dine College was awarded.

McNeill added that she later asked the President for the award information regarding the $100,000 grant. McNeill purports that the President said, "Its good that you asked, but no". In addition McNeill stated that she also asked Dr. Tim Begay for information regarding the award but he just blew her off as well. McNeiil added that she told Dr. Tim Begay that she was responsible and that she needed the information regarding the grant. McNeill added that she also asked Vice President Largie for the same award letter information because the funds must be approved in a certain way and to get the funds prepared for use. McNeill added that the President's refusal to provide her with the grant information was a violation of the Dine College Policies and Procedures and that her office was the Clearinghouse for all grants and that she is responsible for providing reports to the appropriate parties on how the funds were used.

McNeill added that Vice President Curtis Ray Benally told her once that the President doesn't like her. McNeill added she doesn't understand why the President didn't like her because she works very hard for him. McNeill added that she helped the President with his lobbying efforts and now he was treating her like dirt. McNeill added that Vice President Curtis Ray Benally is different towards her as compared to the President because he lived by the five-finger philosophy such as proper treatment of your kin, addressing· each staff by their clan affiliations and other teaching so that it creates kinship among staff. On the other hand~· McNeill added that the President is very demanding and he does not give praises when it is due and that's what he has d~ne to the former Deans at Dine College.

McNeill added that her being treated terribly by the President is perhaps because she is a woman and a Caucasian. McNeill added that the President is big on Navajo Philosophy but he does not observe it or that he chooses not to go by it despite his awareness of it. McNeill added that the President does not walk the talk. McNeill added that she has observed this similar behavior when Maggie George was the Vice President of Academics and Students Affairs. McNeill added that she witnessed how the President badly treated Vice President George. McNeill added that the President did not introduce Vice President George at public functions and now she is witnessing a repeat of that behavior and that there is a lot of staff turnover at Dine College.

McNeill added that when Dr. Tanya Gorman-Keith was the Vice President of Academics and Students Affairs she was given a free reign and the President left her to do whatever she pleased. McNeill added that women that are in high powered positions need to be supervised. McNeill added that this is an early stage in Vice President Largie's term and by not teaching her to do things properly and to follow policies and procedures you'll lose control ofher. McNeill added that she is seeing a pattern in the

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President not supervising or teaching high-powered woman to do things properly and letting them have free reign to do whatever they want.

McNeill added that she is sharing her concerns because of the American Indian Higher Education Consortium ("AIHEC") and that she is responsible for providing the consortium with reports on the different type of grants, proposals, personnel and that they want a lot of data. McNeill added that Vice President Largie is responsible for providing the pertinent information but unfortunately Vice President Largie does not seem to understand that those reports must be done and that they are critical for continued funding and support. McNeill added that Vice President Largie thinks she is not responsible but despite what she thinks those reports must be provided and she cannot delegate it. McNeill added that the President unfortunately did not inform Vice President Largie that she is responsible. McNeill added that she is concerned that assessments are not done and have been left out and that the information used for assessment must meet the Higher Learning Committee's requirements and that impacts their National Accreditation standing. McNeill added that the National Accreditation deals primarily with Mathematics, Education and Business education and all the divisions must decide on how to do the assessment or portfolio. MeN eill added that she is concerned that Vice President Largie is not told that she must prepare the assessment and that she is responsible. McNeill added that it affects their degree courses and if a semester is missing than how would they respond to the Higher Learning Committee. McNeill added that the Higher Learning Commission's requirement is one of the topics that was suppose to be discussed at the Convocation because that is the time when the whole faculty gathers at one place and the rest of the year the faculty are teaching or doing other work.

McNeill added that Dr. Elvira Largie was not qualified but she was still hired for the Vice President Academic and Student Affairs' position. She added that Dr. Largie's degree was for K-12. Moreover, McNeill stated that Vice President Largie never worked for a College but still the President chose her for a very important role and key position. McNeill added that in her opinion three people were more qualified, and that included Dr. Janel Hinrichsen.

"It's a Naat'aani thing", said McNeill. She added that it is difficult for a non­member and of the female gender to get into a higher key position because of the fear of public criticism of the College so instead she choose not to apply for the Vice President of Institutional Advancement position when it was advertised. McNeill added that she qualified for the VP position but instead endorsed and supported Curtis Ray Benally's application for the position of Vice President of Institution Advancement. McNeill added that Curtis Ray Benally worked with her and she supervised him before he became a Vice President.

McNeill added that another concern she has is the modification in the Vice President of Academic and Student Affair's qualification. McNeill added that the rumor is that the qualification was modified so that Dr. Elvira Largie could qualify for the Vice President position. McNeill added that you don't hire someone from a K-12 background and put the person into a College level position. McNeill added that the move was

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irregular. McNeill.contends that the initial qualification for the Vice President position was posted however the modified qualification requirement changed and it is irregular particularly changing the job description without re-advertising under the new modified qualification. McNeill purports that by the time Dr. Largie was hired, the job description was redone and the modified job description was never posted or other people given the opportunity to apply under the new modified qualification. McNeill add that the Human Resource department was a wreck before Evelyn Meadows came in and took over the helm .

McNeill add that there is rumor that the President met with the interview committee and urged them to hire Dr. Elvira Largie. McNeill added that there were also rumors that if the President is let go he is going to ask for a mass resignation consisting of all the Vice Presidents and his key staff as a form of protest. McNeill added that she asked Vice President Curtis Ray Begay if asked by the President to resign would he do it and whether he would leave them while the Shiprock library was still unfinished.

McNeill added that the Board of Regents and President Clark don't get along and that it is obvious. McNeill also stated that the President's behavior is becoming more erratic and that is not good with it happening to a person at the top. McNeill added that Ferlin Clark's secretary is very loyal to him and for that she got a raise and a bonus. McNeill stated that the President is not paying attention to details. McNeill added that the President would stew and talk bad about you if he doesn't like you. She added that he won't talk to you if he is upset with you and he tends to say things that are bizarre. McNeill added that the President wanted her to write a grant proposal that required someone with an architect discipline or background thus making it hard to work with him. McNeill added that she tried to explain to the President that she is not the person to write the grant proposal but he wouldn't listen.

McNeill added that if she gets fired she could always draw her social security benefits. McNeill stated that there is no job security at the college because she is Anglo and is not protected or supported by the Navajo Kinship and the other employees are also feeling stress but they are reluctant to tell everything.

McNeill added that the former Vice President Tanya Gorman-Keith used to yell at employees and she end up allying with the Board of Regents. McNeill added that Tanya Gorman-Keith went to the Board of Regents about allegations relating to Wisdom of the People grant. McNeill added that not knowing all the details or having knowledge of the Navajo Nation procurementtlaws, but based on her knowledge it was her opinion that the President did not break any of the terms of the research grant but yet he was disciplined. McNeill stated again that the President won't disclose to her information about the $100,000 grant award but she wants to give him the benefit that he might have forgot the account numbers or got something mixed up and that there is no award letter. McNeill ~dded that she plans to speak with Dr. Elvira Largie and ask again about the grant and perhaps she could provide her with a copy of the award letter. McNeill added that it is possible that the College has not received the money yet.

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McNeill added that like other staff she observes the Navajo Nation Preference in Employment Act and if a qualified Navajo applies and gets hired, nobody complains. McNeill added that she supported the selection of Curtis Ray Benally for the Vice President position. McNeill stated that through her work she has brought in five million dollars for the improvement of Dine College but it is sometimes difficult when the . President punishes you for not being a Navajo. McNeill added' that the President bashes pon-Navajo employees. McNeill added that the President might think that he is whipping people into spape but that is not the case. McNeill added that the President's management style is inhumane, he plays favorites and he does not supervise. McNeill further added that the President is not an easy boss to work for and when you ask for his guidance he normally replies, "Why did I hire you then."

McNeill added that she is very concerned about the Lumina Grant that the President announced that the College received. She is distressed that she cannot get cooperation in obtaining the information regarding the award. McNeill added that if the President gets accused of mismanaging the grant monies than she doesn't know anything about it. She added that she didn't know whether the fund was received or if some of it was disbursed. McNeill added that the staff should not encourage the President to break the rules.

McNeill added that they were working on developing a Grant policy and an initial draft of the policy was prepared in 2005. McNeill added that she understood that in 2009 the Executive Committee approved the draft and was signed off by the President in April of2009. McNeill added that the plan was to place the proposed policy on the Board of Regents' agenda in October or November for their consideration but the President did not get it on.

McNeill added that part of the delay was because the President has been acting more bizarre lately. According to McNeill, in December 2009, the President came into the President's Council Committee meeting directly from an NAC meeting. McNeill added that the President showed up in mid meeting wearing a robe while the Executive

· Committee was having a meeting. McNeil added that despite the President's behavior and not paying attention to issues the grant policy went before the Board of Regents in January 2010 and was approved.

McNeill added that she is embarrassed by the President's behavior particular how he acted in front of the Board of Regents at their January 2010 board meeting. McNeill added that the President was without dignity when he made his appearance before the Board of Regents unclean unshaven and wearing his jeans. McNeill believes that is one of the ways the President Clark is antagonizing the Board of Regents by his conduct and behavior. McNeill added that the President was adversarial to the Board of Regents.

McNeill added that she hopes that the College will come out strong. McNeill also stated that the President should not incite the students and get them involved because it is not good for the students. McNeill added that 80% of the Dine College students are parents and working but the President thrust them into the political arena. McNeill added

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that it causes her grave concern that students are being used and manipulated by the President for his personal ·benefit. McNeill added that ifK'e prevails things will get worked out. McNeill added that among staff some are saying that I'll continue working while others have the attitude that I don't'have to do my job.

According to MeN eill, in 2004 there was also bad feeling-that blanketed the College because of an allegation that the President had an affair with a woman by the name of Denise Perry. McNeill said, "There is a pattern with woman." McNeill explained that the President invites people that do not qualify and he would work with them for a while and they end up splitting up under bad terms. McNeill believes that with Vice President Largie they have not passed their honeymoon stage. McNeill added that there is a management pattern with the President. McNeill added that the President does not listen to people and he needs training but instead of listening to good advice he just gets angry. McNeill added that she definitely believes that there is a pattern to the President's, behavior of bringing in different women who are not trained or qualified and he does not supervise them and things get out of control.

McNeill added that the President is a golden boy from the local area who got his PhD and is well spoken and that has benefited the College. McNeill said, "President Clark however stepped over the line and has go]J.e crazy." McNeill added that the President has exhibite4 erratic behavior and she noticed the change in him once he stepped up the Native American Church ceremonies. McNeill added that the Navajo traditional ceremony is the foundation of the College thus unique. McNeill added that the Navajo Philosophy says don't be easily discouraged; Hozho side and the Blue Bird and Com teaches the concept that its up to us to succeed or not. McNe~ll added that there is concern when the President holds NAC ceremonies every three days and that he is using and involving the students for his own benefit.

McNeill stated again that the President's erratic behavior started when he started stepping up the NAC ceremonies and the people are losing confidence in him. McNeill added that she is concerned that the College might lose support of the Navajo Nation Council and also risk losing the permanent federal funding. McNeill added that the funding source could. be jeopardized ifthe public loses its confidence in the College. McNeill added that the Navajo Nation provides $4.5 million dollars every year towards the College's operation. McNeill added that if the President's erratic behavior continues the College could lose the funding and the money will go elsewhere. McNeill added that the Navajo Nation commitment to the College for the next 20 years can change and a new tribal council could question what is happening at th~ College. McNeill added that this should concern the Board of Regents and President that we need to behave ourselves. McNeill added that the people in the Shiprock area have asked her if she works at the College and that they appear to be upset with things happening at the school. McNeill added that she is also concerned about what people might say like Dine College is not good and it would be difficult to market and bring in students.

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McNeill said, "We now have a professional and a smart man who is serving as Interim President (referring to Ben Barney) and he is taking it slow." McNeill added that in 2002 and 2006 the school was cited and informed to have their accreditation policy document in place. McNeill added that Accreditation Committee gave the College a time line to develop and have a policy document in place. McNeill added that while some employees might sit and wait but those that have gone through similar turmoil at the college are working to keep things going. McNeill added that the College has a four-year degree program that needs to be developed and nurtured. McNeill added that Vice President Largie is in charge of that program but unfortunately it is not moving forward as quickly as it was anticipated. McNeill added that part of the problem is no plan is develop by Vice President Largie and that people are worried. McNeill added that the College needs a Vice President that can do the work and know how a college operates.

McNeill believes that the policies are being broken because information about grants is not shared with her and for that the College could suffer. McNeill said, "If the Board of Regents does not reign things in the College could lose its funding." McNeill added that the President is refusing a lesson from the Board of Regents like a horse and he is trying to escape from the lesson. McNeill added that the President does not know how to get trained or he just might not want it. McNeill said, "President Clark is not seeing the lesson." As an example, McNeill added that the President in his January 2010 presentation before the Board of Regents he was leaning on the table tapping on it and saying I got you the grant policy and the student code of conduct book.

McNeill added that when the President was told not to travel he then turned around and told his direct reports that they can't travel also. McNeill added that the President brings in all these people and you try to apply the Human Resource policies but he is exempted from it. McNeill added that she could not prove her statement. 'McNeill said, "You can see a pattern, the Denise lady was brought in unqualified and now you have Dr. Elvira Largie both individuals were brought in by the President." McNeill believes it is like a shell game, someone that doesn't fit gets the job and it has a ripple effect.

McNeill then spoke about Title III federal grant fund that is specifically for professional faculty development and that the money is basically for advanced degrees like paying for tuition and books. McNeill added that it is a five-year federal grant that came in during the time when Dr. Tanya Gorman-Keith was the Vice President of Academic and Student Affairs. McNeill added that Vice President Largie decided to use the Title III funds in the Fall of2009 and took 18 employees to Columbia University just to get certificates for a teachers program and that these certificates have no significant meaning.

McNeill added that it cost the College $42,000 for one trip and the moneys came' from Federal Title III grant. McNeill added that Marie Etsitty is the Principal investigator for Federal Title III funds. McNeill added that Marie Etsitty is using the "extraordinary term" to qualify the 18 employees' trip to Columbia University. McNeill added that you must ask for permission to use the Federal Title III Grant fund. McNeill

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purports that the College did not have permission to use the money for the trip back East and it caused a huge uproar. McNeill added that the decision to use the Federal Title III funds was a professional judgment issue. McNeill added that the Ned Hatathli Culture Center's foundation is crumbling and needs to be fixed and money is being spent that faculty is suppose to use for their professional development and Vice President Largie spent $42,000 dollars of that fund just to get certificates for several employees. McNeill added that Vice President Largie and the employees took an 8-10 day trip.

McNeill contends that going on this trip is just to look important despite the College's operating budget is tight. McNeill added that Marie Etsitty keep saying that all will be fine but there is always the allegation of misuse of funds. McNeill added that there are also questions about how the participants in the Columbia University Teachers Training Program were selected.

McNeill added that neither the President nor Vice President Largie ever attempted to call her to ask if it was proper to use the Federal Title III fund and use the money to get certificates for several employees. McNeill added that she might have to request to have the funds put back into the Title III account. McNeill added that there is no misunderstanding about the use ofthe funds just that Vice President Largie doesn't listen. McNeill added that another problem is that the President and Vice President Largie say to them they are insubordinate if you don't give them the money.

McNeill adc;led that she is very<concerned about spending of the Federal Title III Grant and the Lumina Grant award. McNeill asked how do you file a complaint about such matters. She added that if you complain then you are targeted. McNeill added that if the College is going to be liable for possible misuse of funds then she is considering putting everything in writing. McNeill added that she intends to take the issues of the Federal Title III grant disbursement for the certificate program and the Lumina Grant to the Executive Committee for discussions.

McNeill· believes that there is a problem ethically and possibly misuse of funds. McNeill added that she is very concerned about the funds because·it is under her watch. McNeill added that she would try to get the information regarding the $100,000 grant from Vice President Elvira Largie. McNeill added that she is conscience of the "chain of command" and cannot go directly to the Board of Regents.

In closing, McNeill stated that her concern is that it is possible that the Federal Title III grant was misused so she intends to speak with Vice President Curtis Ray Benally to find out what he knows about how the funds were used.

We then concluded the interview.

Reply by President Ferlin Clark below:

90.) Have you ever refused to give grant information to the Director of Grants, Amanda McNeill?

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No

91.) After publically announcing the award of $100 thousand from the Lumina Foundation, when asked by Amanda McNeill for copies of the award letter, proposal, and approval letter did you say to her, "We're not going to tell you, nanna, nanna, nanna."?

Probably was teasing.

Jordan laughing and said, "Nobody has a sense of humor."

AIC fund.:.they sent the money and waiting for them to send the award letter.

92.) When Amanda McNeill asked again for the information relating to the $100 thousand dollar grant, did you say, "Good that you asked, but no." Why did you refuse to disclose or share the information with the Director of Grants?

It was an anonymous gift. Shared it with the college and committee. The money is not spent and sitting in general funds.

Don't recall saying it. If it was it was teasing.

93.) Is Amanda McNeill responsible for preparing reports to institutions for Grants received by Dine College?

Have not received the award letter ... just verbal and funds deposited ... a one page award letter.

Yes.

94.) Do you know if any of the federal Title III grant fund was used to purchase tickets to a broad way show as claimed by Amanda McNeill?

S~ipped- question not asked

(15.) Interview with Stella M. Clah

On March 11, 2010, I interviewed Stella M. Clah, ("Clah"), at the Shiprock campus in Shiprock, New Mexico. After briefly explaining the purpose of.the interview, Clah stated she worked for Dine College for fourteen years that ended on September of 2009. Clah added that she was an Academic Advisor at the Shiprock campus and that she has a Master's degree in Sociology. Clah added that her supervisor at 'the time was Priscilla Leonard. .

Clah added that her complaint was that she was wrongfully terminated and she was not told that there was going to be reclassification and transfer of her counselor

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position. Clah added that she had no input into the realignment plan in March of2009. Clah added that she complained to Fannie Acitty on the Board of Regent's and tHat the realignment has affected other employees.

Clah added that Priscilla Leonard never discussed the realignment and its effect of eliminating and transferring her position and that Lillie Peterman, her co-worker, was likewise impacted. Clah added that Dr. Janel Hinrichsen as the interim Vice President of AcadeJllics and Student Affairs and she pushed for the realignment. Clah added that she expressed her concern regarding the impact of the realignment to the President but he never replied to her concerns.

Clah adqed that she received m1 email from Evelyn Meadows on September 10, .2009 and she had a meeting with Meadows the following day, September 11; at 4:00 p.m., and'present in that meeting were Janel Hinrichsen and Priscilla Leonard. Clah added that prior to meeting with the group, she approached the President in Shiprock to talk about the realignment and the President assured that she woUld not lose her job. Clah added that the President told her that the realignment was not to get rid of anybody. However at the meetipg with the Human Resource, Clah learned that her position was moved to the Tsaile campus and that her position was- converted into a recruiter position. Clah also learned that the new position only required a Bachelor degree.

Clah added. that she had no vehicle assigned to her to do the recruitment job. Clah added that she also inquired about employee housing but was told that housing was not available. In addition, Clah learned that she had to reapply and qualify for- the newly created recruiter position. Clah added that she was never told prior to the meeting that she had to reapply for the position and qualify. Clah added that the September 11, 2009 email indicated that she either accept or decline $e recruiter position in Tsaile. Clah added that it was not advantageous to her to accept the position so she opted for a severance pay. Clah added that she received $4,000 in severance pay plus she was paid for her accrued annual leave when she left Dirie College on or about September 14, 2009. Clah added that she was forced to also withdraw her 401K-retirement account and from that account she received $32,000 in lump sum payment but twenty percent was deducted for early withdrawal as a penalty.

Clah added that she is not eligible for unemployment benefits because the office told her that she resigned from her position. Clah contends that she had no choice or viable options afforded to her by Dine' College. Clah added that hindsight the people at Dine College's strategy was to get her to vacate her position and quietly go away. Clah added that the people at Dine College are cruel, callous and they intentionally left her out in the cold. Clah added that she didn't have any money to hire a lawyer to advocate for her against Dine College. Clah added that felt that she had no option or viable alternative undet: the terms of continued employment with Dine College.

Clah purports that if you are friends with the President a new position is created just for you just like Curtis Ray Benally. Clah added that wheuthe Dean's positions were being eliminated at the Shiprock campus a new position was immediately created

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for Curtis Ray Benally. Clah added that her position was a demotion to a recruiter position and that it was done without consideratimi how it might impact her. Clah added that instead she was told that there were not enough students to justify her counselor position. Clah added that she disagrees with that assumption because there were .260 students at the Shiprock campus and the faculty cannot act as advisors or counselors.

Clah added that she went to speak with a lawyer but he wanted $1 ,500 as a retainer fee and an additional $200 per day for his expenses. Clah added that she couldn't afford a lawyer so she did not pursue her claim against Dine College. Clah believes that she was manipulated and forced into resigning. Clah added that she and other similarly situated former employees had no voice in the realignment despite asking for information on how the realignment would impact their jobs. Clah added that she was not given viable options once her job was adversely impacted and now she is struggling daily to get food and a maintain shelter. ·

Clah added that there are no jobs and she has been searching continually without any success. Clah added that while she was still at Dine College she remembers being told to be thrifty with funds but she is hearing that people from the college are traveling back East that has to cost the school a lot of money. Clah added that she has a lot of knowledge and skills but cannot apply it. Clah added that she is done with Dine College and she just wants what is fair. Clah added that while other people leave they receive blankets or a big dinner hosted in their honor but for several once dev.oted employees were just discarded and did not receive a simple thank you but instead manipulated and forced out of Dine College.

In closing, Clah said, "Ferlin Clark will get away with this again" and that is not fair and we will be all forgotten.

We then concluded the interview.

Reply by President Ferlin Clark below:

95.) During the realignment of the college did you assure Stella Clah, former Academic Advisor with the Shiprock campus, that she was not going to lose her job but the position was transferred to Tsaile and reclassified as a recruiter position?

They offered her a job here ... Janel Hinrichsen and Evelyn Meadows offered it to her ... I am flexible ... she could have split her time there and here.

(16.) Interview with Tanya Gorman-Keith

On March 12, 2010, I interviewed Tanya Gorman-Keith, "Keith", former Vice­President of Academic and Student Affairs with Dine College, in Flagstaff, Arizona. After explaining the purpose of the interview, Keith stated that after she received my telephone call she debated whether to interview or decline because she had moved on

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with her life. Keith stated that she has her doctorate in Educational Leadership and has been in the educational field for 24 years.

Keith added that she decided on the interview because she is aware that the President was continuing to mistreat people the way she had been mistreated while she worked at Dine College. Keith stated that she was deeply affected emotionally by the mistreatment she received from the President.

Keith stated that she worked for Dine College for 4 years and 3 of those years she had a good working relationship with the President. Keith stated that the last year things changed petween her and the President and she was pushed out. She noticed things and the working relationship starting to change between them in the Fall of2007.

Keith added that the change between them started when they completed the reorganization plan for the college. Keith added that the changes became evident after their presentation to the Board of Regent on the Reorganization Plan in Sedona, Arizona. Keith added that her staff did an excellent job on bringing together the plan and it showed during their presentation to the Board of Regent. Keith added that they received complements on the presentation from the Board of Regent but the President only had criticism for her and pointed out what she did wrong during the presentation.

Keith added that to make matters worse a Board of Regent member commented to the President in October 2007 that if he ever decides to leave the College, they have a new President while gesturing to her. Keith believes that was the final comment that further split them way apart. Keith added that was the beginning stages the President started to treat her bad.

Kejth added that she enjoys hiking and she had purchased a new hiking shoe that needed to be l;lroken in so she wore it one day to a staff meeting. After the conclusion of the meeting, Keith stated that she was talking with the President's secretaries Tina James­Tafoya and Roberta Franklin. They were having a social moment and other staff members were also still around talking and visiting. Keith added that one of the secretary asked if her boots had steel toes and she replied that she didn't know. Keith added that she was seated and looking ather boots, when one of the secretaries said, "Perlin tum around and lets-see." Keith added that the President was standing nearby and he overheard the statement. Keith added that she didn't know which secretary made the comment.

Keith added that the President turned and he appeared mad and he immediately cleared the room but she was told to stay behind. With the doors closed, the President said, "Bring it, bring it on." Keith added that it was 3 or 4 p.m. in the afternoon. Keith added that she was unprepared for what happened next. She added that the President started yelling at her and he kept saying, "Bring it on" meaning that he wanted a physical confrontation .. Keith .added that the President was standing and leaning towards her with his arms on the chair and his face very close to her face yelling. Keith stated that the President wanted to have a physical fight with her.

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Keith added that she was shook up by the President's aggressive and confrontational behavior. Keith added that she was in an abusive relationship with her first spouse and the President's behavior only reopened suppressed mental and physical abuse she suffered at the hands of a man. Keith became emotional as she talked about this alleged confrontation. We had to briefly suspend the interview to allow Keith to regain her composure.

Keith added that she was then -directed by the President to prepare a College self­study on which she worked on from January to April seven days and 12 hours a day. Keith added that after she finished with her assignment she filed her work place violence and harassment complaint against the President with the Human Resource Department and with the President of the Board of Regents.

Keith added that after she filed her complaint, the President started going directly to her staff for information, inviting them to meetings in her place and gave them assignments. The President deliberately undermined her ability to do her work. Keith added that the President circumvented her Office of Vice-President of Academics and Student Affairs, violated policy by not following the chain-of-command and created a

, hostile working environment.

In May 2008, Keith recalled the College had its 1 0-year accreditation and in public the President praised Jack Jackson for the work that she had done. Keith believes that was intended for her public humiliation. Keith added that it was at that time she decided to seriously consider leaving the college. Keith states that the President started sending emails to her ruiking for h~r resignation. Keith added that Human Resource Director, Evelyn Meadows, didn't facilitate mediation but instead blamed her and sided with the President. Keith purports that she was told that it was her own fault. Keith added that Meadows than started asking for her resignation letter. Keith purports that Meadows told her that he, President Clark, needs your letter. She then submitted her resignation letter.

Also, in the month of May, Keith added that she learned that some grant funds were disbursed to certain college faculty. Keith stated that she learned about it by accident when Wilson Aronalth became argumentative with Pherfillia Mikki Charlie over some grant fund distributions. :K:eith recalled Aronalth asking, "Where is my check." Keith added that after making inquiries she learned that a consultant had written·a grant proposal for the President and that was where the funds were getting disbursed. Keith added that Avery Denny, Jack Jackson, David Clark, and Mike Mitchell received payment from the grant funds and it was for a book or document that they were supposed to write.

Keith added about 48 thousand dollars was paid out from the grant without any consultant agreements, payment plan or a contract for the product. Keith added that the President issued the checks without deliverable and she went to Ron Belloli, Vice­President of Finance, and she learned that he knew about the disbursements. Keith stated

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that disbursement of funds was an internal violation of procedure because of no agreements or scope. of work. Keith added that sometime later contracts were being collected after the payments were already issued. Keith added that by learning of this policy violation, it also contributed to her being ousted from Dine College by the President.

Keith added that if she hadn't overheard what Wilson Aronlith was saying to Pherfillia Mildd Charlie she would not have learned of the grant fund disbursements. Keith add~d that she didn't know who the Principal Investigator ("PI") was forihe President to disburse the funds.

Then Keith added that she learned that Janel Hinrichsen was handling 3 grants and carried a full teaching load. She disagreed with what Hinrichsen was :doing. Keith stated that Hinrichsen teaching for Arizona State University for pay, serving as a PI for 3 grants and taking funds from the grant without declaring it as taxable income, and having a contract with Dine College for a full-time teaching position was contrary to the personnel policies and procedures.

Keith added that she does not believe Hinrichsen had permission to secure an outside job like working for Arizona State·University and authorization for release time for supplemental·pay like the grants she was overseeing. Keith ·added that these activities were outside her Dine College contract and considered compensation.

Keith added that the President sided with Hinrichsen when she pointed out the violations of the college polici~s. Keith also stated that Human Resource Department failed to do anything on the issue.

Keith added that when she was leaving the college, the President appointed Hinrichsen as Acting Vice-President of Academic and Student Affairs. Keith added · Evelyn Meadows was present for her exiting meeting and at the meeting she made it known that there was a grant issue. After she departed, her key staff like Pherfillia Mikki Charlie end up leaving the college, Priscilla Weaver, Priscilla Leonard and Wesley Thomas were all demoted and several other staff end up leaving the college.

Keith added that while she was serving as the Vice-President she was directed by the President to get rid of some staff members. Keith added that if the President didn't like you he said to get rid of you. Keith stated that such employees who left were Walter Jensen, for allegedly drinking on the job, Agatha Spencer for not having a bachelor's degree and Kathy Bahe was referred to the Regional Director for termination. Keith added that several Shiprock's faculty were targeted for non-contract renewal. Keith named the following individuals targeted for non-contract renewal and they are as follows: Martha Jackson, Martha Austin-Garrison and Janel Hinrichsen. Keith added that if the President decides to get rid of you, you were gone.

Keith purports that when a new Board of Regent is appointed, the President wanted to know all the dirt that he could find on them. She added that when Loretta

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Draper came on, the President wanted to know whom she was related to and any information that he could get. Keith added that the President also hated Lawrence Gishie and Tommy Lewis. She said, "He bad-mouth them."

Keith said, "If President Clark has a personal vendetta for you, he is a dangerous man." Keith added that Maggie George was Vice-President of Academic before she came and she believes the President did something to her. Keith stated that when the President targets you, he bad mouths you, circumvents your authority, goes directly to your subordinates and starts sending other people to meetings in your place' and leaves you out of the loop and completely alienates you.

Keith added when she started receiving emails from the President and he had already selected her resignation date. Keith added that the President never apologized for what he did to her, there was no corrective action taken on him, and he lied to the Board of Regents that her complaint was resolved while in fact there was no response to the complaint. .

Keith also stated that when the President was ftrst placed on suspension, the Board of Regents temporally appointed her Acting President for the duration of the suspension. Keith added that her appointment as Acting President exacerbated the tension between her and the President and his anger at her intensified. ·She added the standing delegation during his absent was Ron Belloli and then her if Belloli was not available. Keith added that the Board of Regents not observing the standing delegation might have also contributed to his anger towards her. Keith added that the President attacked her for her appointment and he sent a letter to the Board of Regents and the Navajo Education Committee.

Keith added that she had no faith in anything happening because of her past experience that nothing was done or happened to the President for his actions. Keith stated that the President attacked her and that she knows that he doesn't walk the talk about K'e and Navajo Philosophy. Keith added that the President addressed her as shaadii. That was an empty title and nothing came with it. Keith added that if the President is angry, he becomes threatening. Keith also stated that the President has all the Navajo philosophy and terminology down but doesn't really know it or know how to apply it. Keith added that her departure was done so quickly that she never had an opportunity to claim her outstanding trip report reimbursements.

Keith added that now, despite her advance degree she can't find a job so she doesn't know what information Dine College is releasing about her. Keith added that she lost a lot of income because of what happened between her and the President. Keith added that it has been more than a year since her complaint and she hasn't received a response from the Dine College Board of Regents or the Navajo Education Committee. She added that she has given up and believes it was hopeless.

Keith added that when the President was working on his doctorial dissertation he sat in classes without registration, asked Priscilla Weaver and Wesley Thomas to

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reorganize his research and proof his manuscript. Keith added that she doesn't know if they helped him but she believes Mia Kalisha did a lot of the work on his manuscript.

Keith added that she didn't file her complaint with the Office of Navajo Labor Relations because she has gone on with her life about 80% while the remaining 20% is the ethical side that she must disclose what she knows because of what is still happening to the remaining staff. She added that many of the staff were demoted and alienated.

Keith added that the President does not listen and he is very selective of staff. She added that Navajo philosophy is just rhetoric to the President and he doesn't separate Religion from State. Keith added that you must separate the two because of federal and State dollars that Dine College receives annually for its operation and delivery of services.

Keith also stated that the college has a·Hogan for Navajo traditional ceremonial purpose and a ground for Native American Church. Keith added that the President doesn't like Christians and hounded staff to participate in the ceremonies.

In closing, Keith added that the President was not a CEO and she taught him what he knows.

We then concluded the interview.

Reply by President Ferlin Clark below:

96.) In the fall of2007, when a member of Board of Regents said to you that if you decide to leave, we have the next President, referring to Tanya Gorman-Keith, did you than start treating her differently by leaving her out of important meetings and start contacting her subordinates directly?

No. Not told that.

97.) In or about December 2007, did you clear staff from a meeting room and told Tanya Gorman-Keith to stay behind and after everyone left, you abruptly got very close to her face to face and started yelling at her and said, "Bring it on, bring it on"?

That is a good one. It was a meeting I held with Janel Hinrichsen, Mikki Charlie, Ben Bamey ... a faculty had passed away ... a somber moment. .. she was wearing a boot and asked if it had a steel toe ... she said turn around and find out ... I cleared the room and I said Tanya bring it on ... what else you want to say to me ... it was disrespectful and dehumanizing in front of staff ... but never got in her face.

Ron Belloli and Tanya Gorman-Keith always had disagreements and cleared the air. Her comment was disrespectful. . .! was hurt.

98.) What was the intent of that confrontation?

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Wanted her to tell me what problem she had with me ... she started it ... didn't appreciate her being disrespectful ... said in front of employees. She interrupts the · people ... she finishes my sentences ... cleared the· air ... at that time she said she was leaving.

99.) Did Tanya Gorman-Keith leave the conference room in tears?

We talked and she dried her tears. A disagreement. I don't think she left crying or sobbing.

100.) When asked by the Board of Regents about the incident between you and Tanya Gorman-Keith, did you tell them that the matter was resolved?

Tanya resigned. Fannie Etcitty inquired. Yes, came to an amicable solution with Evelyn Meadows.

101.) Did you ev7r send emails to Tanya Gorman-Keith asking for her resignation?

She verbally resigned on two instances ... email you said ... yes, to follow-up on her verbal resignation ... worked through HR ... she said it twice in front of people ... she had resigned twice verbally.

(17.) Interview with Phertlllia Mildd Charlie

On March 12, 201 0, I interviewed Pherfillia Mikki Charlie, "Charlie", a former employee of Dine College, in Flagstaff, Arizona. Charlie stated that she worked for Dine College for about two and half years before leaving in 2009. Charlie added that she taught in Canoncito, Shiprock and Tsaile and was an Academic Dean before leaving the college.

Charlie added that she left because of intimidation and harassment by Dr. Janel Hinrichsen, "Hinrichsen", whom she supervised as Dean prior to Hinrichsen's appointment to Acting Vice-President Academic and Student Affairs in 2009. Charlie added that she supervised Dine Studies, Education programs like adult and elementary such as early childhood. Charlie stated that after Dr. Tanya Gorman-Keith, the former Vice-President of Academic and Student Affairs, left Dine College Dr. Janel Hinrichsen was appointed as the new Vice-President and served in that capacity for about four or five months. Charlie added that she left Dine' College while Hinrichsen was still in the acting status as the Vice President.

Charlie added that as Dean, she has worked closely with the President on projects like the College's improvement plan. Charlie added that she also started to work overseeing Grant Funds for about two months and she had some concerns. Charlie added that she had seventeen staff to supervise and she worked closely with the Chairperson of Dine Studies.

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Charlie stated as she started noticing that Dr. Janel Hinrichsen was a Personal Investigator for about three grants. She learned this because she had to sign off on the distribution of the grant funds. Charlie added that Hinrichsen was a faculty at Dine College. Charlie added that a letter came into her office so she started to ask questions about the grants, the goals and objectives, and how the funds were being used. Charlie further stated that as she started to learn more about the grants and its use she became uncomfortable. Charlie added that the faculty normally· used 70% of their time for instructions, 20% for academic advisement to students and 10% for research. Charlie added that Hinrichsen was getting paid on a contract with Dine College and on top of her salary she was getting a lot of money for administrative cost from the grant funds.

Charlie added that Hinrichsen was receiving anywhere between twelve thousand to thirty thousand dollars. Charlie added that she expressed her concerns about Hinrichsen's receiving grant disbursements to both the Human Resource Director Evelyn Meadows and the President. Charlie added that her questioning and wanting more information about the intent of the grants caused her to become at odds with Hinrichsen. Charlie stated that Hinrichsen was getting paid quarterly from the grants. Charlie added that she had issues and concerns about the grants so a joint meeting was held with Ron Belloli, Vice-President of Finance, Evelyn Meadows, HR Director, Dr. Janel Hinrichsen and herself. Charlie added that she didn't want to sign off on the authorization for disbursement of grant funds because she considers it to be double dipping.

Charlie added that the grant fund is for the students and it is only for the students' use. Charlie stated that if Hinrichsen is entitled to any of those grant funds she might be entitled to about 5% and the rest goes to the students. .

Charlie added that some faculties take off for the summer and they can work on their research. Charlie stated that ·if a faculty has some free time they might work on a grant and serve as the Personal Investigator. Charlie added that a faculty would also have time to serve on only one committee, and teach three to five courses at 12 or 15 credit hours. Charlie also stated that some of the faculty might have to travel to teach. Charlie purported that Hinrichsen taught only two classes and she was overseeirig the grants.

Charlie added that she was also ·asked to sign-off on two grants for 15 thousand dollars each for disbursements. Charlie added the fund disbursements were for Elementary Education for Teachers and Principals that the college staff" attended. Charlie added the Dine Studies should have been involved in the approval the use of the grant funds. Charlie added that she also learned that there was a grant from the Indigenous Scholars and the Wisdom of the People. Charlie added that she didn't know who wrote for the grant. Charlie added that Wilson Aronlith ("Aronlith") wanted to use the funds. Charlie stated that it is a Cultural Dine Studies grant fund and it was a separate grant that she just learned about from Aronlith.

Charlie added that some of the Wisdom of the People Grant was disbursed to David Clark, Avery Denny, Mike Mitchell, and Jack Jackson, Sr .. Charlie further stated

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that Aronlith was using college supplies while he was writing his book. Charlie added that she didn't sign off on the fund disbursement from the Wisdom of the People Grant. Charlie added that Aronlith said to her that he was promised 13 thousand dollars from the grant. Charlie recalled that Aronlith was very upset.

Charlie added that her department accounts balance fluctuated by new deposits and withdrawal anywhere between 2 thousand to 1 0 thousand dollars. Charlie stated that she sometimes found her department accounts dropping or at a high balance. Charlie added that when she started inquiring about where the funds came from and where it was going. The justification she received was that it was co-mingling of funds and no cause for alarm. Charlie added that she has seen that the funds from her budget account was used for a ceremony and by digging further she learned that two thousand five hundred dollars ($2,500) was paid to Jack Jackson for providing a prayer service.

Charlie also stated that she suspected that someone else was signing off on the disbursement of the funds from her department account. Charlie purports that someone else was using her department's cost code to use those funds that appeared in her department accounts.

Charlie added that she asked Jack Jackson about the two thousand five hundred dollars he received and he told her that it was for a prayer service that he preformed. Charlie added that that was a lot of funds used for a prayer service. Charlie stated that she kept asking about the funds and she learned later that it was Wisdom of the People Grant. Charlie further stated that 4 payments went out from the project for a total of 47 thousand five hundred dollars and the funds were paid to Avery Denny, Jack Jackson, Sr., Mike Mitchell and David Clark.

Charlie added that while at Dine College she has witnessed harassment, intimidations and abuse of power. Charlie added while at Dine College she w~ also overseeing the 4-year degree program. She stated that they were getting ready for the 4-year accreditation program.

Charlie purports that the President asked her to get rid of some people like Ben Barney, because he didn't get along with him, Janel Hinrichsen, and Anthony Lee who was on an improvement plan. Charlie stated that she told the President she would not terminate staff because she was the new Dean and was still on her probationary status. Charlie added the President told her to get rid ofthe people when he was getting ready to leave for a trip to Santa Fe, New Mexico. Charlie added that the President said, "I want them gone when I get back" but she said no to his request. Charlie stated that she went and told Dr. Tanya Gorman-Keith, her supervisor, and she was told just to do her job. Charlie added that she also refused to·sign and approve two grants disbursement for Janel Hinrichsen in the total sum of 30 thousand dollars. Charlie added that she later learned that Ron Belloli, Vice-President of Finance, signed off on both grants for disbursements to Hinrichsen. Charlie added that she suspect that this has been going on for a while. Charlie stated that the President knew that she didn't get along with Hinrichsen.

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Charlie then spoke about Wisdom of the People grant again and she stated that Jack Jackson asked her twice to become the Principal Investigator for the grant and she refused both times. 'Jackson then asked that she appoint one ofher staff to be the PI for the Wisdom of the People Grant funds that she also refused to do.

Charlie added that Dr. Tanya Gorman-Keith then vacated her Vice President position with Dine College so she was left alone. Charlie added that the President appeared to be upset around that time. Then, Charlie stated that she learned that the President had assigned Hinrichsen to the acting Vice Pr~sident that was upsetting to her. Charlie added that she had Hinrichsen on an improvement plan and she was on the verge of not having her contract with Dine College renewed. Charlie added to make matters worst, the President was her neighbor on Dine College campus.

Charlie stated that after Hinri((hsen's appointment ~o the acting Vice President position she immediately started to harass her. Charlie added that Hinrichsen also started to make drastic changes such as eliminating Dine' Education Philosophy Courses or DEP 294 and 295 from the school catalog. Charlie added the DEP courses were required for staff as cultural sensitive classes. When the Dine Education Program classes were eliminated it affected 25 students. Charlie added th_at by eliminating the DEP courses Hinrichsen was retaliating against her because she had worked on developing it.

Charlie added that subsequently Hinrjchsen. called her into a meeting and she had Evelyn Meadows in attend. Charlie stated that Meadows at the meeting kept saying to her to work. Charlie added that she has never expet1enced the type of aggressive behavior, humiliation and ·belittling she received from Hinrichsen. Charlie added that the President allowed it.

Charlie purports that Hinrichsen denied her travels, required her to put everything in writing, wanted all meetings to be conducted in the English language, and report all meetings and identify all individuals in attendance. Charlie added that all of a sudden the grant funding on the department cost code disappeared. Charlie stated that she suspects that Hinrichsen cleaned up the accounts. Charlie added that there was a lot of yelling and Hinrichsen's demeanor was very scary and management style was like the military.

Charlie added she got sick and Hinrichsen denied her leave requests for appointments with her Doctor. Charlie said, "She drove me up the wall." Charlie added that Don Denetdeal had two grants that he was reporting on as a PI. A very Denny also had two grants and Jack Jackson was asking for two more grant reporting. Charlie added that at her last meeting with Jack Jackson, he threatened her bec~use she would not become a Principal Investigator for his grarit and for her refusal in taking any of the grant money. Charlie added that she said to Jack Jackson that it was wrong to take two thousand five hundred dollars for performing a prayer service. Charlie added that in her meeting with Jackson, he stated to her that the President had sent him and for that she felt betrayed by Jackson. Charlie added that she has always addressed Jackson by clanship and called him Shi zhee eh.

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Charlie added that she even participated in a four days and nights ceremony at Dine College where she had to hold a traditional basket for the duration of the traditional ceremony. Charlie stated that the President has often said, "You got blessed and now you have to do it for me" when certain thing needed to get done. Charlie stated that her treatment changed for exposing who got paid without any scope of work or work done. Charlie added that two people she worked closely left and the longer she stayed at Dine' College she was a thorn in the President's side.

Charlie added Hinrichsen relentlessly pursued her with harassment and then by stripping her of the Dine' College assigned laptop, locking up her college email address account and other unethical and unprofessional conduct. ·

Charlie said, "It is all about money." She added that she felt used.by the President and Jack Jackson. Charlie believed that she was·at the verge of exposing how the grant funds were used like disbursement of Wisdom of the People and Winhek Grants to certain select people.

Charlie added that Hinrichsen retaliation was also because of her not renewing Emelia Black's contract with Dine College. Charlie stated that Black's contract was not renewed because she lacked a degree. Charlie added that Black was a close friend of Hinrichsen. Charlie purports that the President intervened in the Black's contract non­renewal by asking her to let her teach despite her not having a degree. Charlie added that the President also asked her to move Black into a vacant position elsewhere but she refused to do it. Charlie stated that Black was assigned to teach in the 300 level courses but Hinrichsen was using her name on the title. Charlie added that she discovered that Hinrichsen was covering for Black by teaching her classes. Charlie added that she had concerns with Black teaching without a degree and if this was discovered the students would have suffered and it would jeopardize their four-year degree program and risk losing their accreditation. Charlie added that by law the students have the right to know that their. instructors are qualified and have the proper credentials.

Charlie added that this was serious that the students could have been robbed of their education by having an unqualified instructor. The students would not get credit for the classes and it would turn into an elective. Charlie added Black threaten the President and she stated to him that he had assured her that she would stay a long time and now her contract was not getting renewed. Charlie purported that the President replied that they were doing their jobs and Black was shocked to hear that response. Charlie added that the President actually wanted Black out. Charlie added that she said to the President that he wanted Black out so her contract was not getting renewed.

Charlie further stated that she had sought help from Jack Jackson to protect her from the President but she learned that Jackson was afraid of him. She added that the President says to Jackson you got paid. Charlie added that she also witnessed Anthony Lee getting very upset for not get any of the grant money. Charlie added that she also witnessed Wilson Aronith and Jack Jackson getting into a heated argument because Jackson got more money from the Wisdom of the· People grant than Aronith did.

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Ch~He also stated that the President was desperately looking for help with his doctorate dissertation. Charlie added that the President asked for her help but she didn't help hi~ but inste~d she suggested that he sit· in on her DEP classes. Charlie added that she suspects·Hinrichsen wrote the President's doctorate dissertation so she stayed on at Dine College. Charlie added that she could recognize Hinrichsen's style of writing. Charlie ad~ed when she was in the process of leaving Dine College her apartment was vandalized twice. Charlie added that she has strong suspicion that the President was behind the vandalism and she reported the incidents to Ron Belloli but nothing was done.

On June 2, 2010, I had a following up interview with Perfilliea Mildd Charlie, ("Charlie"), to clarify statements that were made by two of her former co-workers during their interviews at Dine College.

Chfll'lie spoke about the intent ofWorld.Indigenous Higher Education Consortium (WINHEC) Grapt that was for the putpose of writing a history and background information of the Dine' College. Charlie added that the final written matetial was to be published. Charlie added that Wilson Aroriilth was charged with the responsibility of collecting the materials and to write the draft manuscript. Charlie added that Jack Jackson, Sr., is the Principal Investigator (Project Director) and that he is one of the individuals who got paid from the grant. Charlie added that she also witnessed when Wilson Aronilth and Jack Jackson got into a heated argument over the amount of funds received by Jacksoq. According to Charlie, Aronilth was very upset about the amount of moneys received by Jackson. Further, Charlie added that Anthony Lee didn't get any money from the grant.because he and the President didn't get along. Charlie said, "The President and Anthony Lee doesn't mix -like water and oil."

Moreover, Charlie stated that Dr. Wesley Thomas had his office next to her office and that they worked closely on different projects while she was at Dine' College. Charlie also stated that she had·several·encounters with the President that made her extremely uncomfortable and she felt some of his actions were inappropriate at times. Charlie purports that the President's behavior towards her has been in an aggressive nature that made her uncomfortable for that reason she didn't wanted to be alone with him.

Charlie centends that the President often came into her office unannounced for no apparent reason. Charlie added that the President usually closed the door behind him when he invited himself to her office but she would open the door. Charlie added that she told the President that she wishes to maintain a professional working relationship therefore she preferred to keep her office open. Charlie·added that she was new to her job as a Dean. Charlie said, "The President just laughed it off' when she insisted that the door remains open.

Charlie added that she knew that the President had ulterior motive by his behavior and that he constantly invited himself to her office. Charlie added that besides the office visits, the President called her at her office and it was constant that she started to ignore

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and avoid his calls. Charlie added that it got to the point that she had to tell her staff to tell the President that she was not available or that she was out of the office. Charlie purports that the President invited her for a drive and to have lunch in Chinle or to travel off campus and meet elsewhere. Charlie added that she never took the President's offer to go to lunch. Charlie added that if she had to travel, she made sure that she traveled with another co-worker and she was never alone with the President. Charlie stated that in spring of 2008 the President wanted her to travel to Phoenix for a meeting with Arizona State University but she invited Vice President Tanya Gorman-Keith.

Charlie further purports that when one of the Grants was received by the Dine' College, she recalled the President stating to her that if she needs anything that all she needs to do is ask. Charlie added that she stayed away from the President and never took him up on his offer.

Charlie claims that during the time the staff made their College's Reorganization Plan presentation to the Board of Regents in Sedona, the President was staying physically close to her that made her extremely uncomfortable. Charlie said, "He was hanging out next to me" so she kept company with Priscilla Begay and Priscilla Weaver.

Charlie contends that the President scheduled a meeting in Phoenix that he wanted her to attend alone and to meet him there. Charlie added that the meeting was with the Arizona State University to discuss the four-year conversion program and the course programs in the 300 and 400 courses. Charlie added that she told the President that she was not prepared nor qualified to discuss any of the topics so she invited Vice President Gorman-Keith. Charlie added that their meeting was in the morning and that it didn't take long to cover the topics that they needed to with the ASU representatives.

Charlie believes that the President has come very close to inappropriate behaviors while she was working for Dine' College. Charlie added that the President told her just to ask if she wanted anything. Charlie added that she never asked or wanted nothing from the President.

Charlie added that she cooperated for the benefit of the school and that she served as a proxy for the college in a traditional ceremony when asked by the President. · Charlie added that she didn't like the President attempting to change the traditional ceremonial date because it conflicted with his golf game. Charlie added that she and A vety Denny, the traditional practitioner, insisted on proceeding with the traditional ceremony because of the time had been set aside for the blessing way. Charlie believes that the President attempting to reschedule the ceremonial date for the blessing way because it conflicted with his golf game only goes to show that he doesn't understand the significance of hosting a traditional ceremony and that one doesn't schedule traditional ceremonies casually and around golf games.

Charlie added that the President's strange unprofessional behaviors he exhibited towards her was noticed by the other staff she worked with. Charlie further stated that she used Winona Gishal, Gorman-Keith's secretary, for her sitter to care of her children

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at her apartment while she worked late in the evenings. While working late one night at the office, Gishal noticed the President driving slowly by her (Charlie's'apartment) a few times. That caused Charlie to be alarm and concern for her safety. Charlie added that Afton Sells and Winona Gishal were extremely concerned for her safety. She added that when she is .at the apartmertt she usually kept her curtains closed at all times. Charlie added that the President was her only neighbor and the apartments were all empty on the street she resided.

Charlie added that around this same time, the President tailgated her, followed her car very closely as she drove into Window Rock. Charlie believes this incident happened in January of2009. Charlie added that she didn't report the incident to the law enforcement authorities. Charlie added that she always made sure that she had another person with her whenever she had a meeting with the President. But this time when he tailgated her she was alone. Charlie said, "I didn't make myself available, I always had Wesley or others around me when I had to talk to the President."

Charlie added that another strange incident was during staff recognition that she received from the President a necklace. Charlie added that she felt that the gift was too expensive and to give to a staff.' Charlie stated that Priscilla Weaver and Vice President Gorman-Keith asked her what she had to do to get such an expensive necklace. Charlie believes it was inappropriate to accept such an expensive gift so she returned the necklace to the President. Charlie added that she was new to the staff but yet she was offered such an expensive gift and the gesture just didn't sit well with her.

Charlie added that in her past meetings with the President she always had another staff like Priscilla Weaver, Wesley Thomas, Gorman-Keith or Winona Gishal present. However, the last meeting she had with the President she was called unexpectedly by the President. The meeting was held at the President's office. Charlie said, "Tanya had resigned by that time and she was gone." Charlie added that this time she arrived alone at the President's office. Charlie added that by that thne her working relationship with the President was strained and that they were not on good terms. Charlie contends that this meeting was just before the President announced that he selected Dr. Janel Hinrichsen as the Interim Vice President of Academic and Student Affairs. She added that the meeting was sometimes at the end of August 2008.

Charlie added that the only other person in the office was Tina James-Tafoya, secretary, and she was in the next room. Charlie stated that as soon as slie arrived at the President's office, the President closed the door behind her. Charlie added that the President then told her that he had made up his mind to appoint Dr. Janel Hinrichsen as the Interim Vice President.

Charlie added that the President knew that Dr. Janel Hinrichsen had only two weeks left on her contract with Dine' College. She added that the President also knew that she recommended a non-renewal of Hinrichsen's contract. The basis for the non­renewal was that Hinrichsen was not doing her job and she had poor work performance and that she had been placed on an improvement plan. Charlie added that she

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c 0 vehemently objected to Hinrichsen's selection. Charlie contents that Hinrichsen was not a good choice or the selection was not in the best interest of Dine' College.

Charlie said, "The President just smiled and he said, you will work with her." Their working 'relationship was sour at that time. Charlie added that she told the President that he was making a big mistake by naming Hinrichsen as the interim Vice · President of Academic and Student Affairs. Charlie added that despite her recommendation not to renew Hinrichsen's contract with Dine' College the President made his selection. Charlie said, "The President used.Hinrichsen for what he wanted to do and he tried to show favors towards me but I didn't take it." Charlie said, " Every time I had a meeting with the President I took someone with me and he started saying to me why do you bring people to the meetings." Charlie added that the President didn't like her bringing her staff to the meetings.

Charlie added that at her meeting with the President when he announced to her that he was naming Hinrichsen as the interim Vice President, she then told him that she decided that she would be leaving her position with Dine' College. Charlie added that she knew that she wouldn't be able to work with Hinrichsen or the President and that there would be retaliation against her.

Charlie added that she taught Dine' Education Philosophy classes with Avery Denny and she could talk to him. Then late one evening Denny stopped by her apartment and he told her that she needed to speak with the President and to ask for her job back. Charlie added that she knew immediately that Avery Denny was coming from a meeting with the President because of the suggestion. Charlie claims that Avery Denny told her to go immediately to the President's apartment and to ask for her job and that the President was waiting. Charlie added that A very Denny further suggested that she smoke tobacco and apologize to the President. She added that Denney was confident that she would get her job back. However, Charlie told Avery Denny that if the President wants a meeting, then she expected that the President write a letter in a professional manner and set a meeting at his office on campus and not at his apartment late in the evening. Charlie added that she never apologiz~d to the President or begged for her job.

Charlie added that she denied the President's request for lunches, didn't return his calls after hours, took the Vice President Gonnan-Keith with her to Phoenix when the President told her to come alone and avoided meeting alone with the President. Charlie added that the President was mostly likely angry with her when he tailgated her while she drove into Window Rock.

Charlie purports that at her last meeting with the President when he announced to her that he selected Hinrichsen for the acting Interim Vice President, the President stood over her and yelled in her face when he said, "You will comply and work with her." Charlie added that was when she told him that he was making a bad choice and that Hinrichsen has been working against him. Charlie added that she told the President that Hinrichsen cannot be made her supervisor because she had recommended not to renew Hinrichsen's contract with Dine' College. Charlie contends that the President didn't

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want to hear what she had to say. Charlie added that she was shock~d by the President's irrational and aggressive behavior towaros her by yelling in her face.

Charlie purports that the President told her that Hinrichsen was going to run the show. Charlie added that it was pointless to speak with the President because it was obvious that he was not there for the College. Charlie added that when the President was yelling in her face, she was alone with him behind closed door and Tina James-Tofoya was in another room and she had no witness. Charlie added that several staff had recommended to the President to appoint Dr. Wesley Thomas as the Interim Vice President but it was apparent that he didn't consider their recommendation.

Charlie added that intense intimidation and harassment start immediately after Hinrichsen was appointed Interim Vice President. Charlie purports that Hinrichsen locked her in her office with her and forcibly detained her against her will in her office. Charlie stated that Hinrichsen detained her in her office twice as a means to intimidate and harass her. Charlie added that Hinrichsen locked her school email account, prevented her,from participating in meetings and that she even followed her into the restroom. Charlie said, "Hinrichsen was very intimidating and that the President encouraged the interim Vice President's hostile behavior." Charlie added that Hinrichsen said, "If you call the President, he is not there to save you."

Charlie further stated that she reported Hinrichsen's intimidation behavior to the Human Resource Director Evelyn Meadow but she never conducted an investigation to determine the merit of her allegation. Charlie added that she told HR Director Meadows that she didn't wanted to be left alone with Hinrichsen but she was instructed just to document the incidents. Charlie added that HR Director failed to investigate or schedule a meeting to make inquires into her allegations against HinrichSen. Charlie added that at the time she reported Hinrichsen's intimidating and harassment she didn't know that HR Director Evelyn Meadows and Hinrichsen were working closely together. Charlie added when she learned that HR Director and Hinrichsen were working closely together she then sought help from Jack Jackson. She as].(ed Jackson that he keep any eye on her and to visit her office periodically but instead he replied that he would convey her concern~ to the President. Charlie added that Jackson never checked on her or got back with lrer and he never offered any help.

Charlie then spoke about her Dine' College apartment getting burglarized and that she strongly suspect that the President is behind the break-in. Charlie added that she had no evidence only a strong suspicion. Charlie added that the break-in was after she had announced that she would be leaving Dine College. Charlie added that two saddles were taken in the break-in but one was recovered in the woods near her apartment. Charlie believes the break-in was a form of retaliation and method ofthe President in getting back at her for not accepting his offer of favors, rejecting his ulterior motives, to

· intimidate and to frighten her.

Charlie added that she was in the process of moving out, packing and cleaning her Dine' College apartment when it was broken into and some of her personal property

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taken including two saddles and tack. Charlie added that her mother helped with cleaning her apartment and pack her belongs. Charlie added that the break-in was during an event on campus but she doesn't recall what it was.

Charlie added that she base her suspicion on the President is because two guys carne by her apartment late one night at 2 a.m. in the morning. Charlie added that she was awoken from her sleep by loud banging on her apartment's window. Charlie added that she was scared and mad so she opened the door and confronted the men. She asked what they wanted and they replied that her next-door neighbor told them that she needed firewood. When she asked who sent them, they pointed to the President's apartment and that they had a load of firewood for sale. Charlie added that she couldn't call the campus security or the law enforcement officers because she had poor cellular phone reception in her apartment. Moreover, Charlie didn't have a residential telephone line to her apartment and that she only had cellular phone reception in the comer of her kitchen.

Charlie added that while she was talking to the two individuals, the President's apartment front porch light carne on and she watched as the men leave and then parked their vehicle in front of the President's apartment. Charlie added the two men got out of their vehicle and went to the front door and she could hear them laughing. Charlie added that the two individuals were driving a black truck. Charlie added that the following day she reported the incident to Vice President Ron Belloli and she also told Dr. Wesley Thomas. She asked Thomas to check on her periodically. Charlie added that they, her and the President, resided on that street and the other apartments were vacant.

Charlie purports that Marisa Greeson, a former employee of Dine' College, warned her of the President's behavior when she first carne to work at the College. Charlie added that everybody who knew the President warned her to be careful around him. Charlie added that Greeson knew the President very well and that something strange happened between Greeson and the President. Charlie added that she doesn't know what happened between Greeson and the President but that Greeson had to leave the school abruptly in September of2008. Gharlie purports that there had been other incidents that involved young women and the President. Charlie didn't say anything else but suggested that I speak with both Winona Gishal and Marisa Greeson. Charlie added that Greeson had a falling out with the President that she was crying when she left Dine' College. Charlie added that Greeson told her that the guy, referring to the President, was crazy. Charlie added that she didn't know what happened between Greeson and the President but only recalls that Greeson's husband was extremely mad when Greeson left the school.

We then concluded the interview.

Reply by President Ferlin Clark below:

102.) Have you ever asked Pherfillia Mikki Charlie to get rid of Ben Barney, Janel Hinrichsen and Anthony Lee?

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Don't recall. Don't think so.

(18.) Interview with Eulynda Toledo

On Mar,ch 23, 2010, I interviewed Eulynda Toledo, "Toledo") via telephone. After explaining the purpose of the telephone interview, Toledo stated that she was an instructor at Dine College between August 2008 and August 2009. Toledo added that her contract with Dine <;ollege was not renewed. Toledo added that despite a good performance rating by her former supervisor, Afton Sells, her contract to teach was not renewed. Toledo added that Afton Sells resigned in February and Dr. Janel Hinrichsen took over Sells' responsibilities.

Toledo stated that her complaint is against Janel Hinrichsen for not renewing her contract despite good performance rating by her previous supervisor. On May 30, 2009, Toledo added that her contract with Dine College was renewed. Toledo added that Janel Hinrichsen was the Intepm Vice President o(Academics and Student Affairs and also Acting Dean and self appointed Chairperson for the CDTE:

Toledo added that her contract was not renewed based on allegation that she did not give any mid-term grades and/or return papers to the students. Toledo added that she actually required students to keep a portfolio and that she used the accumulation of points to determine a letter grade. Toledo stated that the reasons used as ground for her contract non-renewal were lies.

Toledo added that she taught children literacy and that she usually develops her own syllabus but Janel Hinrichsen had her own syllabus for the class. Toledo added that she had to redo the syllabus based on her expertise in the area. Toledo added that she put her own ideas into the syllabus. Toledo added ttJ.at was how she taught and that you can always improve upon a syllabus and she felt the syllabus was improved upon and very good~ Toledo added that Janel Hinrichsen then came into her class only one time to observe and based on that one observation Hinrichsen recommended that her contract not be renewed. Toledo added that Hinrichsen told her that she was not following her syllabus.

Toledo added that she had thirty years of experience as an educator. Toledo stated that she was upset about not getting her contract renewed so she just finished up what she needed to do and left Dine College. Toledo added that she also sent a letter to the President regarding the allegations and that her contract non-renewal was based on lies. Toledo added that she feels that she might also have been black listed. Toledo added that she considered filing a lawsuit but chose not to pursue it. Toledo added that she was a good educator and she was hurt by her own Navajo College. Toledo added that she had been recruited to come back to the reservation and her teaching contract was not renewed. Toledo added she still doesn't understand why it happened to her.

Toledo added that she was also working on the College's Teacher Education Program and was reviewing the curriculum that they used while working in partnership

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with the Arizona State University's Bachelor of Arts degree. Toledo added that she was talking with Afton Sells about incorporating ideas with Navajo concepts into the curriculum. Toledo added that they even gone before the curriculum committee with their recommendations. Toledo added that Afton Sells was asked to sign off on the · curriculum but they strongly felt that it didn't contain enough Navajo concepts. Toledo added that they wanted to improve upon the curriculum because Anglos developed it for Navajos. Toledo added that from that point onward Janel Hinrichsen started to treat Afton Sells differently. Toledo added that the curriculum was for the Teacher Education Program's Bachelor of Arts degree. Toledo added that Afton Sells was a Chairperson at that time and Interim Vice President Janel Hinrichsen was constantly on Sells. Toledo added that there were certain requirements that had to be fulfilled. Toledo added that Interim Vice President Janel Hinrichsen was pushing to get the curriculum approved as is. Toledo decided to make an inquiry and she made contact with the State. Toledo added that she made the contact with the State in December 2008. Toledo added that when ~inrichsen found out that she contacted the State, Hinrichsen wanted to know why she was making the contact. Toledo added that Hinrichsen wanted to know, whom she contacted, the exact details of her inquiry and the responses.

Toledo added that she has a PhD in Education with emphasis in Language and Literacy and has a Master degree in Special Education. Toledo added that she taught for thirty years from K-12 and also at the College level. Toledo added that she has never experienced what she endured at Dine College. Toledo added that the only performance evaluation she got from Hinrichsen was a single classroom observation and the only comment she received was that she needed a lesson plan while she was using a syllabus. Toledo added that Hinrichsen only gave her 24 hours and her contract was not renewed. Toledo added she never got her student evaluations back.

Toledo added that she took a $10,000 pay cut to come to Dine College and for an opportunity to be part of her College. Toledo added that unfortunately she stepped into the middle of something that she did not know of at the time. Toledo added that nobody was nice at Dine College and sensed that something was going on when she got to the Dine College campus. Toledo added that the employees were unfriendly so she just focused on doing her work. Toledo added that she once saw the President and he told her to work on the Student Teacher's Program. Toledo added that after Afton Sells left she was loaded down with added work and that she had to stay late each day to complete her job.

In February of2009, Toledo stated that Afton Sells resigned and she was teaching but took on additional work and she got ill. Toledo added that her illness was used against her by interim Vice President Janel Hinrichsen. Toledo added that she was in constant fear of Hinrichsen each day if she was going to be harassed and intimidate at work. Toledo added that the harassment and intimidation intensified after she made contact with the State Department about getting additional information for the Teacher's Education Program. Toledo added that she received some comments via email from the State Department. Toledo added that within minutes that Hinrichsen found out that she has been in contact with the State of Arizona, Hinrichsen called her in and wanted to

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know what she was doing by contacting tpe State. Toledo added that she wanted to know about time lines and' other information but Hinrichsen had her own plans in developing the AA degree to a Bachelors of Arts degree.

Toledo added that Hinrichsen knows the Navajo Nation employment Law and she stayed within the boundary to harass and imimidate you just enough to makes you feel totally uncomfortable. Toledo added that she verbally complained to the President about her treatment but the harassment and intimidation just intensified. Toledo added that Hinrichsen lived just across from her campus apartment and she wanted to move. Toledo added that Hinrichsen was very careful not to have witnesses. Toledo added that she destroyed all of her documents because she doesn't want to be reminded of the bad experience she endured while at Dine College. Toledo added that she felt helpless when she was intimidated and harassed. Toledo added that when she left Dine College she put all of that bad experience behind.

When Afton Sells left in February of2009, Toledo added that Hinrichsen became her immediate supervisor. Toledo added that since her departure from Dine College, she has been unable to find a job and she has been unetpployed for the last ten months. Toledo added that her unemployment benefit is about to run out. Toledo added that when sh(;{ applies for employment she is told that she was terminated. Toledo added that she would like to know who is saying that about her to a prospective employer while they are making an inquiry with Dine College.

We then concluded the interview.

Eulynda Toledo had no complaints against the President so no questions were developed for him .

(19.) Interview with Ty "Buddy" Redmustache

On March 23,2010, I interviewed Ty Redmustache, at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Redmustache stated that he has been a campus security officer for five years. Redmustache added that he graduated from Monument Valley High School in May of 1998.

In the fall of 1998, Redmustache stated that he started as a student at Dine College until the Sp~ing 2000. Redmustache stated that he is 9 credit-hours short of attaining his Associates of Arts Degree in Health Education.

Redmustache added that his supervisor is Lt. Donald Burbank. Redmustache added that he works mostly at nights during the grave-yard shift but that changed about a month ago and he now is working on the day shift. Redmustache added that during his night shift he has encountered students using drugs such as meth and speed. In addition to the controlled substances, Redmustache added that community members bring alcohol beverages on campus for sale to the students. Redmustache added that his perception is

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a that faculty don't spend time with students whether to provide tutoring service.or just to advise them on the type of classes they need to take for their discipline.

Redmustache added he does not know the President nor has he had an opportunity to talk with him. Redmustache also stated that he has no communication with the Administration or the President's office. Redmustache added that about a year ago a lot of employees were suddenly let go without any explanation and he has always wondered why many of the employees no longer work for the college.

Redmustache added that there were a lot of Native American Church (NAC) meetings on campus that is usually sponsored by the President. Redmustache stated that in a given month there are at least two NAC meetings. Redmustache added that the NAC club holds their meeting at the Tepee ground located by the Hogan and that the meetings goes all night on Thursdays. The meetings are held on Thursday because most of the employees and students leave for the weekend on Fridays.

Redmustache added that he has seen the President and Vice President Largie working together only during regular working hours but there has been rumors that President and Vice President Largie were romantically involved but he has never witnessed anything that was inappropriate. Redmustache added that as for now he knows that the President cannot come on the campus while he is on administrative leave.

Redmustache added that there is a decline in use of intoxicating beverage by students at this time of the month but the problem is usually when the students are getting their grants disbursement at the beginning of the Fall and Spring semesters.

Redmustache added that he gets along with his supervisor and his supervisor treats all the staff equally. And he is looking forward to starting work with the Apache County as a Sheriffs Officer.

Redmustache added that the only thing he disagrees with was what Janel Henrichsen did while she was Interim Vice President that is terminating Pherfillia Mikki Charlie. Redmustache added that Charlie had just started working for Dine College and then the next thing he found out was that Charlie was terminated. Redmustache added that Charlie only worke~ for the college approximately six months.

Redmustache added that he had no complaint and that his supervisor treats them equally and he is not aware of any preferential treatment. Redmustache added that he is looking forward to his new job that he is starting in two weeks as a deputy sheriff with the Apache County Sheriffs Department.

We then concluded the interview.

Ty Redmustache had no complaints against the President so no questions were developed for him.

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(20.) Interview with Jennifer Redmustache

On March 23, 2010, I interviewed Jennifer Redmustache, ("Redmustache"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Redmustache stated that ,since 2006 she has been a dispatcher for the Dine College campus security department. Redmustache added that she earned some college credit hours but with no real emphasis but she wishes to pursue a Criminal Justice degree. Redmustache added that she needs about 60 credit hours to earn her Associates Degree. Redmustache stated that she has worked in Chinle and gained work experience with mentally challenged children.

Redmustache added that her supervisor is Lt Donald Burbank and tpat she had no complaints. Redmustache added most of her work has been at night working the graveyard shift. Redmustache stated that she didn't like the HR director Evelyn Meadows. Redmustache said, "I don't' like her attitude, she shoots you down and she cuts you off whenever you complain." Redmustache added that she made it known verbally the treatment she experienced with Evelyn Meadows to her supervisor Lt. Burbank. Redmustache added that she encounters Meadows whenever she attends meetings on ~ampus and if employees ask a question about the Dine College Policies and Procedures Manual,-Meadows would say that it is written and to look it up. Redmustache added that M"eadows does not take the time to explain to the employees the Policies and Procedures Manual. Redmustache then stated that she doesn't want to say anything further because she doesn't want her name to be mentioned or things getting back to her that she said this and that to the investigator.

Redmustache added that the Personnel Policies are not followed because a custodian named Anslem (last name not given) was recently terminated and it is her understand that the Human Resources sided with the Custodian Supervisor Andrea Ground. Redmustache purports that the termination was based on hearsay. Redmustache added that she does not understand why the terminated custodian was not afforded grievance or an opportunity to present his side.

Redmustache added that the employees are given cultural instructions like Navajo philosophy but it was unfortunate that many people in Authority position like Directors and Supervisors do not follow the Navajo principle that are being taught in those cultural education courses.

Redmustache then stated that most of the problems she encounters with the students is public Intoxication or possession of alcoholic beverage while on campus. Redmustache added tha~ most students are good however there are those who violate the residential policy by drinking intoxicating beverage in their dormitory rooms and they're the ones end up faced with evi9tion from the dormitory. Redmustache added that often times these same students would end up committing the same offense thus create problems for themselves, the security staff and residential staff. Redmustache added that as security officers they are charge with the responsibility of making sure that everyone is safe while on the college premise.

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Redmustache added that those students facing eviction the President intervenes on and are given another chance often again violates Policy. Redmustache added that these interventions on behalf of students prevent the staff from doing their jobs and it creates concern for the safety of the other students, the possibility of injuries to the student or other residents.

Redmustache added that before Christmas last year a student from Shiprock was facing an eviction and he went directly to the President to get him to intervene on his behalf. She added that the DC security personnel ended up transporting the student so that he could get home. Redmustache added that it is not the Security Department's responsibility to transport students. Redmustache added that Lt. Burbank did not stick up for the Security Department when asked that the security personnel transport the student. Redmustache added that Lt. Burbank was too lenient. Redmustache added that the student stayed in the dormitory but three days later or within the same week, the student was caught drinking again. ·

Redmustache added that this time the student took off and was almost off campus when the security officers found him. Redmustache added that the President told the security personnel to take the student home. Redmustache added that employees are fearful and scared of the President, fearing that they might lose their jobs so they comply with whatever directive he issues to them despite that it might be against the college policy such as overriding eviction recommendations or transporting students. Redmustache added that if the security department is providing transportation it leaves the department short on manpower to provide the security and interferes with them from performing their jobs. Redmustache added that it was also a violation of Policy. Redmustache added that by giving certain students a second chance is a violation of Student Code of Conduct. Redmustache added that other students if they are caught with marijuana or possession of alcoholic beverage, they would also want a second chance and if they are not given that consideration then the students are not given equal treatment or consideration.

Redmustache stated that by giving only certain students second chances defeats what they're try to do and if a student is arrested and contraband confiscated, that student knows how to circumvent the staff by going around them and get their way. Redmustache added that students go directly to the President and Vice President Largie to get the Student Code of Conduct overridden. Redmustache added that when· the President and Vice President Largie gets involved they usually do not know all the facts but despite that they still side up with the student and the student getting another chance. Redmustache added that by giving second chances the security officers must assume extra responsibility by keeping extra time and keeping watch on the students so that they do not violate any additional Student Code of Conduct. Redmustache added that most of the times a serious violation is committed when you have control substance or alcoholic beverage involved so Commissioned Law Enforcement Officers are called to the scene to handle the situation.

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Redm1fstache added that security officers and staff at the Dine College are responsible for the safety of the stud~nt~ l;lPd that they must ensure t!Iat students are treated equally. Redmustache said, "Why do we not just follow it because if we don't follow the policies it just makes us look bad." Redmustache added that the staff do their jobs but when it comes to eviction of certain students the recommendations are overturned and the student would end up violating the policy again so extra paper work has to be generated by staff. Redmustache added that as security officers and staff trying to enforce the Student Code of Conduct but you have a .President who does not support your department it creates low morale and low self-esteem when your efforts are not · appreciated and overturned.

Redmustache added that the college campus housing has a lot of break-ins and it appears that the perpetrators know when the occupants are away. Redmustache added that they have been unsuccessful in determining the person or persons responsible for the break-ins and committing the burglaries. In addition to providing security, Redmustache added her department also responds to medical calls, local traffic accidents, and respond to report of boot-leggings when it involves selling to students on campus. Redmustache

. stated that boot-!eggings are prevalent at the beginning of the semesters. Redmustache added that the problem is compounded when you have only one security officer on campus. Redmustache added that her department has a total of 5 security officers, 2 commissioned Law Enforcement Officers splitting their work between the day and swing shift and 3 security dispatchers. Redmustache added there was a lot of gossip going around but she tries to ignore it. She added that she doesn't know who is spreading all sorts of rumors. Redmustache added· that one of the rumors on campus is that the President and Vice President Largie were messing around but she doesn't believe it.

In closing, Redmustache stated that her primary concern is that staff follow and enforce the policies and procedures and stop getting the recommendations over-ruled for only certain students by the President or Vice President Largie when they try to apply the policy. Redmustache added that by not following and applying policy equally among the students it creates a lot of problem for the staff and it doesn't help to have their recommendations over-turned.

Rec4nustache stated again that she doesn't want to say anything else because it could interfere or cause problems with her job and she might not get a raise.

We then concluded the interview.

Reply by President Ferlin Clark below:

103.) Is it part of the DC security personnel to transport students off the DC campus for purposes of getting them home?

Not a practice. We take them to jail. . .it was winter ... to avoid negligent on part of Dine College.

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104.) Have you intervened on behalf of a student facing eviction from the dormitory and directed the security personnel to transport the student off campus so that he could get a ride to Shiprock?

Talked about it earlier

105.) Have the students facing expulsion from the dormitory gone directly to you to have their expulsion reversed and allowed to stay causing safety concern for the security personnel?

No one is an exception. Hershel and Taylor ... came to me .. .I referred them back to Priscilla Leonard and Dr. Largie didn't intervene.

106.) Is the Code of Student Conduct equally applied to the students residing in the dormitory?

Hope so. By VP or Student Services ... hope they are equally and fairly treated. I try to be fair, equitably and think in the best interest of Dine College and students.

(21.) Interview with Donald Michael Burbank

On March 23, 2010 I interviewed Lt. Donald Michael Burbank, ("Burbank"), at Dine College in Tsaile, Arizona. Burbank advised that he has 21 years experience and is a commissioned law enforcement officer. Burbank stated that his current position is Chief of Security with Dine College. Burbank added that he is a recognized law enforcement officer and is commissioned by the states of Arizona, New Mexico and is a law enforcement officer with the Navajo Nation Law. Mr. Burbank stated that he has an Associates of Arts degree from Eastern Arizona in Police Science that he obtained in 1976.

Burbank added his position requires a much higher level in Police Administration qualification but he assumed the Chief of Security position when Tully Jim, Sr. left Dine College four years ago. Burbank added that his job requires more than an Associates of Arts degree so he started working on pursuing a Bachelor of Science degree in Law Enforcement at Northern Arizona University. Burbank added that he needs at least 12 more credit hours to earn his bachelor's degree. Burbank added that he is not aware of anyone wanting to bring in a more qualified individual to assume the Chief of Security position. He is also not aware of the Human Resource Department or other departments wanting to have the Chief of Security position advertised to find an individual with a bachelor's degree or higher. Burbank added he has not heard anything about bringing in a new or a more qualified supervisor to replace him in the Chief of Security position.

Burbank added he has worked with the Navajo Nation as a patrol officer for 10 years between the years 1978 and 1986. Burbank added that he also worked for Salt River Indian Reservation in Scottsdale area for at least one year. Burbank added that his supervisor is Ron Belloli, Vice President of Administration and Finance. Burbank added

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he had no complaint and that Belloli is supportive, provides guidance and helps his department with the operating budget.

Burbank added that the management treats him well and is supportive. Burbank stated that he has no professional relationship with the President but subordinates knew him and they are: Ty Red Mustache, Jay Tom, and Lavern Charley the dispatcher. Burbank added that the employees are members of the Native American Church and for that reason the President gravitates towards those employees. Burbank stated that he is not a member of the NAC so he has no relationship or day-to-day communication with the President. _Burbank added that he has a very good working relationship with Vice President Ron Belloli.

Burbank added that he knows that it takes a lot to upset the President. Burbank stated that he recalls an incident on campus that involved the President and a female instructor who was of Mexican national qrigin. Burbank added that the President called the secqrity for an assistance regarding an incident at his DC apartment. Burbank added the President reported that he was physically attacked,and assaulted by the woman. Burbank added that he got involved because the President wanted a Police report generated. Burbank added when he got to the President's apartment the woman had already left the area. Burbank added that the President claimed that the woman physically attacked him without provocation. After some investigation, Burbank added that he learned that the woman returned to New Mexico and he never got an opportunity to interview her to get her side ofthe story. Burbank added that the woman's purse, shoes and an identification card with her name were found in the President's trash can in the housing area. Burban_\( added when he responded to the President's call, he appeared shook up because of.the alleged physical attack. Burbank added that he learned that the woman was a member of the Isleta Pueblo Indian and she had a criminal history. Burbank added that he was not sure what actually transpired but his professional opinion is that there was an affair that got over heated.

Burbank added that his security guard Marian Begay also reported what she saw that made her feel extre~ely odd and disturbed while making her rounds late one night in the cultural building. Burbank added that he is not sure of the exact date when he received the OJ:al report but he believes that it was in the Fall of2009. Burbank stated Officer Begay r~ported she saw while on her rounds the President and Vice President Elvira Largie sitting in a dark office with the lights off. Burbank added that Officer Begay felt that it was inappropriate to be sitting in the dark. Burbank added Officer Begay felt it was not appropriate and this incident happened in the cultural building. Burbank stated that he agrees that it was odd and peculiar to be sitting in a dark room after hours.

Burbank also stated that the college student leaders are very supportive of the President. Burbank added that several dormitory students have been arrested several times for intoxication and eviction proceeding started to get them out of the residential hall pursuant to the Student Code of Conduct. Burbank added that these students have gone directly to the President to overturn the recommendation for eviction. Burbank

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added that in those incidents where the President got involved, the expulsion recommendation and proceedings are overturned .. Burbank added that Sharon Begay, Residential Manager, makes expulsion recommendations to the Dean of Students Priscilla Leonard and if the recommendation is upheld, the student can appeal to the Vice President.

Burbank added that he remembers one of the students facing eviction from the dormitory in which the President personally got involved. Burbank added that the student was the President's nephew. Burbank did not recall the student's name and all he remembers is the student last name was Clark. In another eviction proceeding, when the President got involved was where a student got out of control and the student took off in a snowstorm. Burbank added that the student was from Shiprock, New Mexico. Burbank added that in that situation it was good that the President was able to intervene and calm the suicidal student down. Burbank added that it helped the situation that the President knew the student personally. Burbank added that he knew this because Ty RedMustache told him that the President knew the male student. Burbank added that the student was uncontrollable and he ran off in a blizzard but the security officers were able to locate the student. Burbank added that situation turned out fine because the President knew the student. Burbank added that the student end up withdrawing from school.

Burbank again spoke about the student with the last name Clark. Burbank purports that the Clark student was extremely intoxicated and it was his third offense. The student was placed on probation instead of expulsion. Burbank added that the ·President got personally involved and the student stayed in the dormitory. Burbank added that the student eventually moved out of the dormitory but he is still around campus and he sees him and he appears to continue to drink. Burbank added that the President's intervention in expulsion proceeding on behalf of only those students he knows is wrong and it circumvents the Student Code of Conduct. Burbank added that allowing students who violate Policies and to stay in the dormitory is wrong while there are other serious students about their studies waiting for a dorm rooms. Burbank added that many good students are on a waiting list to get into the dormitory. Burbank added that employees and his security officers get demoralized by not applying policies equally among students by people like the President. Burbank added that he knows that about 20 students have been evicted for violating the Student Code of Conduct. Burbank added that as of today an eviction was pending but if the student knew the President it was most likely that student will go to the President to have the eviction proceeding overturned and be allowed to stay in the dormitory.

Burbank then stated that his department continues to have a problem with one employee that has been arrested 30 or 40 times and that he had gone to the Dine College Housing Committee for eviction of the individual but nothing is being done and he is continuing to stay in the campus apartment. Burbank added that Police Officers have gone to the employee's residence 2 or 3 tim~s for policy violations and he tried to get him off campus housing but for some reason he stays. Burbank added that it is his suspicion that the employee personally knows the President. Burbank did not disclose the name of the employee.

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Burbank added that he was extremely concerned about this particular employee because his security officers have been summoned to respond to domestic violence in the home. Burbank added that his concern is for the safety of the occupants, his security officers and police officers going to that residence on domestic violence call. Burbank added that in domestic violence situations it is highly probability that people could get hurt. Burbank added that DC housing policy should apply and the employee should be told to move out because of the safety concerns and for liability reason. Burbank added that the college must enforce the housing policies. Burbank added that this same individual has gotten extremely drunk while operating a Dine College van and rolled and suffered no consequences. Burbank added that if it involved someone else other than this employee, that person would have been immediately terminated whether it was for a small infraction. Burbank added that the staff and the people question whether there is equal treatment among staff. Burbank stated that it does not help when the President does not apply policies equally to the employees or treat certain employees differently.

Burbank added that he is concerned that the Dine College janitors were made to clean up asbestos without any proper safety training, protective gear and they may have gotten exposed to hazardous materials. This happened 4 or 5 years ago. Burbank added that it is fortunate that none of the janitors have developed illness because of their needless exposure to asbestos. Burbank again stated that DC Policies are not equally applied to all the employees. Burbank stated case in point, Ahslem Bahe was unjustly terminated, a custodian, for allegedly getting into a fight with a kid while actually Bahe was just protecting himself but still·he was fired. Bi.rrbank added that the termination action was unfair. He added that the real reason for Bahe's termination was because he was an out spoken employee and for that reason Bahe was terminated.

Burbank added that he recently delivered a sealed yellow envelope to the President as directed by the Board of Regents and the Human Resources Department. Burbank added that when he met with the President and he asked about the investigator and he wanted to know what was going on. Burbank added that the President stated that employees shouldn't talk to the investigator unless an attorney was present with them. Burbank added that the President refused to sign for the Return of Service. Burbank added that the President told him that he did not know the charges against him and that he has been placed on administrative leave without just cause.

We then concluded the interview.

Reply by President Clark below:

107.) Have you ever intervene on behalf of your nephew facing expulsion from the dormitory and allowed him to stay?

Was not my decision ... it was between him, Priscilla Leonard and Dr. Largie but it never came to me ... none of the decision came to me ... I told him that it was his fault and

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he moved out and he took responsibility ... Jack Jackson do ceremony ... they go to Avery, Jack or me and we do a pray for. them. .

(22.) Interview with Gary Segay .. On March 24,2010, I interviewed Gary L. Segay, who is the Financial Aid

Manager, at Dine College in Tsaile, Arizona. Segay has been working for Dine College for about eight years. Segay added that his job is to attract potential financial donors to the American Indian Scholarship Program. Segay added that he accrued 100 hours towards a Bachelors of Arts Degree in Sociology. Segay is pursuing his Bachelors degree through an online college courses with the University of New Mexico in Los Cruces.

Segay added that he got involved and became interested in working in the Financial Aids Department when he worked one summer as an internship worker in 1996. Segay' s supervisor is Priscilla Leonard, Director of Student Services. Segay added that Priscilla Leonard's title was changed from Dean to Division Director last year after the college did its realignment and reorganization.

Segay added that his job title is the Financial Aids Manager and the position requires a Bachelor degree. Segay added that he has a three-year to five-year working experience in field of Financial Aid. Segay stated that his current position was advertised but there were no inquires or job applications submitted so he submitted his app!ication .and he was selected despite that he did not qualify for the position. Segay added that because of his work experience with Financial Aid he got the job.

Segay added that prior to becoming the Financial Aid Manager, he worked in an acting Manager capacity temporarily. Segay added that the Financial Aid Manager position had been vacant for a long time so he worked in the Acting capacity for 4 years before management decided to advertise the position. Segay added that his training background is in database technology and as the Acting Financial Aid Manager he brought the department into compliance with the current technology. Segay added that he worked closely with the IT Department to bring the Financial Aid Department into database compliant unit.

Segay added that his only complaint was while serving as an Acting Manager he also had to handle the technology portion of the department so he was carrying out two responsibilities. He added that he is aware of favorable treatment and that he knows that favorable treatment is happening on c~pus but in his office he maintains everything on a professional level with his staff. Segay added that while he is the Manager he works a lot of extra hours so some times he takes time off that could be viewed by staff as favoritism.

Segay added that technology is changing fast so he requires his staff to maintain and to stay current on the technological changes because they work with computers and internet network. Segay added to stay current his office staff participates in various

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symposium at State, Regional and at National levels. He added that they are members of the National Association of Financial Aid and they are required to attend expos and conferences so that they may network with other colleges and learn about the current technological trend.

Segay added that the college does not keep up with the prevailing wage but they get the Cost of Living Adjustment. Segay stated that his department has always observed the Personnel Policies and Procedures Manual that Dine College. utilized and in addition to college policies the department works with the federal Regulations, Navajo tribal laws, State and National Financial Aid guidelines.

Segay added that he prefers speaking directly to students and to sit down with them to go through the financial aid packet. He stated that they take time in preparing the student's financial aid packet with them so they may learn by preparing the forms. Segay added that on the student's second attempt in preparing the forms they should be able to prepare their own financial aid packet. Segay added that his staff is always available to help students with applying for their financial needs.

Segay added that the staff works with the student to get them qualified for all benefits they're entitled to and they makes sure all the supporting documentation are attached such as verification of income and other related documents required by the federal Regulations.

Segay added that he requires his employees. to have a one-on-one meeting with the potential student when they are applying for scholarship. Segay added that Dine College is his first and only employer. He added that he has not had any other employment besides Dine College. Segay added that as part of their customer services he requires his staff to meet students at different location on campus and try to develop a one on one relationship and so the staff could instruct the students how to prepare their financial aid forms.

We then concluded the interview.

Gary Segay had no complaints against the President so no questions were developed for him.

(23.) Interview with Priscilla Weaver

On March 24,2010, I interview Priscilla Weaver, ("Weaver") at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Weaver stated that she started work for Dine College in August 2007. Weaver is the Director of Student Learning Assessment. Weaver added that she has a Ma~ter of Arts degree in Educational Leadership in Higher Education with emphasis on Educational Management and Development. Weaver added that she also has a Bachelor of Science in Elementary K-8 and a secondary in Family and Consumer Science. Weaver added that she worked in the State of Montana as a co-Director for American Indian Research Opportunities for two

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years. Weaver added that she has also worked for the State of New Mexico as an Administrator. Weaver added that she always wanted to return and built a home on the reservation. Weaver added that she has always wanted to work for the College when it was still Navajo Community College. Weaver added that her supervisor is Dr. Tim Begay and Dr. Elvira Largie Vice President of Academics and Student Affairs.

In 2007, Weaver added that she worked as one of the Deans under the supervision of the former Vice President Academics & Student Affairs Dr. Tanya Gorman-Keith. Weaver added that after Keith left things drastically changed. Weaver added that she witnessed unethical behavior and the breaking of policies and added that she gave a narrative report to Fannie Atcitty, Board of Regents. Weaver stated that the other Deans were Pherfilla Mikki Charlie and Dr. Wesley Thomas and that they have worked closely together with Keith and developed an Academic plan. Weaver added that presented the plan to the Board of Regents. Weaver added that they received a positive response from the Board of Regents for what they put together and what they developed as a team.

Weaver added that after the presentation to the Board of Regents there was an obvious sudden shift in the President's behavior towards them. Weaver added that there was nothing positive came from the President regarding their Academic plan. Weaver added the only positive feedback they received was from the Board of Regents. Weaver added that during the break at the Board meeting the President said, "You did not address it adequately." Weaver added that she believe the President made that statement is because he was envious and jealous of Vice President Tanya Gorman-Keith. Weaver contends that she could sense it in his attitude and it was obvious from his mannerism. Weaver added that the President started circumventing Vice President Keith's authority and he started coming directly to her for job assignments. Weaver added that Vice President Keith was well organized and delegated a lot of responsibility to her support staff and got things done. Weaver stated that the President sometimes later talked to her directly about working on a possible grant in another attempt to circumvent her boss Vice President Tanya Gorman-Keith.

Weaver stated that the President told her directly to attend Native American Church meetings on campus. Weaver believes the President asking her to attend NAC meetings is unethical. Weaver added that the President was also constantly calling Pherfillia Mikki Charlie directly and it got to a point where Charlie would not answer her phone. In addition, Weaver added that Charlie didn't want to be caught alone with the President. Weaver said, "Charlie told me that she never wants to be on one-on-one situation or to be alone with the President." Weaver added that Charlie never disclosed to her why she didn't want to be caught alone with the President. Weaver added that Charlie always got her or one of the other staff when she had to meet with the President. Weaver also never asked Charlie why she had to go alone to the meetings with the fu~rt .

Weaver added that another matter that she felt troubling was when the President and Jack Jackson asked Charlie to serve as a proxy or a patient in a Navajo traditional ceremony, a hozhoojii or a Blessing way chant. Weaver added that the President and

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Jackson told Charlie that serving as a proxy was part of her job. Weaver added that she told Charlie that she must let her supervisor Vice President Tanya Gorman-Keith know because she felt that the President's request and his approach were out of line .

Weaver contends that Faculty OJ Vecenti sent out an email to the. President and possibly copied Vice President Tanya Gorman-Keith suggesting that they go to the ceremony and watch Charlie wash her nude body. According to Weaver, Charlie complained about OJ Vecenti's email but she doesn't believe it was ever addressed. Weaver added that she does not recall who the HR Director was at that time. Weaver added that she did.not have or receive a copy of the email. Weaver said, "President Clark is selective and picks only certain people but he has never bothered me."

Weayer purports that at another time while she was in her office, the President came into her office and handed her a manila folder with papers in it. Weaver added that she did not open or look at the content until Vice President Tanya Gorman-Keith came by her office and gave her the folder. Weaver added that she thought it was another assignment so she wanted her Supervisor Keith to assign it to her rather than the President Clark and that was the reason why she handed Keith the manila envelope. Weaver added Vice President Tanya Gorman-Keith opened the envelope and Keith said the document was the President's draft dissertation. Weaver believes that the President Clark most likely wanted her to review his draft dissertation for his Doctorial Candidacy.

Weaver added that the President, while she was in the company of Charlie, Charlie was told to fire two staff member$, namely: Anthony Lee and Amelia Black. Weaver added that the President made the statement in the Fall of2007 while they were on the sixth floor·ofNed Hathalie Building. Weaver added that Charlie was new to the job and she was still within her probationary period.

Then, Weaver stated that she does not know how Evelyn Meadows got a job as the Human Resource Director. Weaver added that Meadows does not have a College education and she doesn't understand the structure of higher education because she came from the Bureau of Indian Affairs. As an example, Weaver stated that a faculty doesn't need a State certificate to teach at a College level but Meadows asked for that while they were reviewing the faculty credentialing. Weaver added that during their review session, Meadows asked about how to qualify faculty applicants. Weaver added that their review session was in the Fall of2009. Weaver contends that Meadows lacks proper training to head a College HR Department. Weaver also contends that Meadows has the same behavior streak as that of the President that she is abusive and creates tensions among staff.

In August of2008, Weaver added that Vice President Tanya Gorman-Keith left the college and in September 2008, Janel Hinrichsen was named Interim Vice President of Academics & Student Affairs. Weaver added that after Hinrichsen was appointed Interim Vice President she started giving directives to staff and ignored the "chain of command" and bypassed the Deans just like the President. Weaver added that Janel Hinrichsen micromanaged and was not connecting and did not communicate with the

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Deans. Weaver also added that Hinrichsen started making unilateral decisions and eliminated the Dine Education Philosophy (DEP) and she canceled some of the classes. Weaver added that the Dine Education Philosophy classes are required classes and its set forth in the Personnel Policies and Procedures Manual. Weaver added that the three Ps specifies that staff take those DEP courses so that the staff could be taught cultural sensitive materials.

Weaver added that once Charlie left the Dean position with Dine College, Hinrichsen self-appointed herself to the Dean post while serving at the same time as the Interim Vice President. Weaver added that Hinrichsen was also Acting as the Academic Dean for Dine Studies and Education and later took the division chairperson post as well and took on the task of teachers' evaluation. Weaver stated how could an individual serve in three different capacities all at the same time. Weaver added that only Dine College Human Resources Director could stop Hinrichsen self-appointments but failed to intervene. Weaver added that this is because the HR Director and Hinrichsen were close. Weaver contends that the President terminated Vice President Tanya Gorman-Keith and he also wanted to fire all of Keith's core group (Deans) therefore he intentional selected Hinrichsen as the interim Vice President. Weaver added that eventually the Deans were all demoted and their positions were reclassified. Weaver added that it is her suspicion that Hinrichsen and Meadows were operating under the President's directive to eliminate all the Deans and to disguise the action by calling it realignment.

In September 4, 2008, Weaver added that Amanda McNeill got involved as well and she believes it was an attempt to prevent her from doing her job. Weaver added that 1here was stuff that came out concerning approval of grant payment bX the Deans. Weaver added that the protocol was the Deans approved disbursement of grant funds and McNeill's allegation was that as Dean she was not processing or approving payments timely.

In the Spring of2009, Weaver added that talk was eliminating all the Dean positions and that is when she started asking question as to what was going on. Weaver added that she was told it was realignment however she felt it was personal so she subsequently filed a charge with the Office of the Navajo Labor Relation on August 17, 2009 for breach of contract. Weaver added that she had a four-year contract with the Dine College. Weaver added that after filing a charge with OLNR, she was moved into her current position as the Director of Students Learning Assessment that she accepted with the condition that her salary remains at the same Dean pay level.

Weaver added that the problem is all related to money. Weaver added that the people that came against her were all involved with grants, like Amanda McNeill and Janel Hinrichsen: Weaver added that when she started reviewing their request for grant disbursements and these individuals got very protective and she suspects that they are not following policy. Weaver contends that there are no scopes of work and no check and balance, or any internal control for grant disJ:mrsement to Principal Investigator.

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Weaver added that she asked the PI where is the product? Weaver asked are the students graduating at a higher percentage. In the Spring of2008, Weaver added that Janel Hinri~hsen was teaching 8 classes, sh~ was acting Chair ofCDTE, serving as Interim Vice President, and she was also teaching for Arizona State University and while she was doing this some money came from Dine College's budget. Weaver,added that Hinrichsen was teaching at the Master's level courses and not for Dine College. Weaver added that Janel Hinrichsen must have had an agreement to work outside of Dine' College in place but she did not know anything about that.

We then concluded the interview.

Reply by President Ferlin Clark below:

108.) Did you start going to Priscilla Weaver for information and assignment to circumvent Tanya Gorman-Keith's authority?

Don't think so

109.) Did you asked Pherfillia Mikki Charlie with Priscilla Weaver present to get rid of Anthony Lee and Amelia Black?

Don't,recall. They duke it out. .. Amelia Black wouldn't give information

(24.) Interview with Marian Begay

On Wednesday, March24, 2010, I interviewed Marian Begay, ("Begay"), security officer with Dine Cpllege, Tsaile, Arizona. Begay stated that she has been with Dine College as a security officer for about five and half years. During that time she has worked various shifts; day shift, evening and grave yard shift.

Begay added that she has an Associates of Arts degree in Applied Science from Dine College. She attained her degree in 2005 and graduated with a GPA above 3.0 and on the Dean's honor list. Prior to ~ecoming a security officer, Begay was a homemaker but she had to seek work after her husband was injured and couldn't work anymore. When she was first getting into the job market she learned that a high school diploma it wasn't enough to secure a good paying job. After unsuccessful job search, she went back to school and earned an AA degree from Dine College.

Begay's supervisor is Lt. Donald Burbank. Begay added that she didn't have any specific complaint but she was concern about how the President and Vice President Largie have circumvented the Student Code of Conduct for only certain students. Begay explained that she was aware of two incidents where the President got personally involved in student expulsion actions. According to Begay, the Residence Life Supervisor recommended two students in separate incidents for eviction from the dormitory because of serious misconduct; they alleg((dly violated the Student Code of Conduct policy by pos&essing and drinking alcoholic beverages in their residential units.

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Begay contends that the students went directly to the Vice President Elvira Largie and the President to have their eviction recommendations overturned. Begay added that at the beginning of each semester the students are told that the Student Code of Conduct prohibits possession and consumption of alcohol beverage or controlled substances. Begay added that as security officers they must enforce the policy. Begay added that students get two chances. If they violate the Code of Conduct, on the first offense the student is placed on probation and they must sign a contract acknowledging that they are prohibited from violating any of the provision in the code. If the student violates the Code the second time, they are then referred for an eviction.

Begay added that once the student is recommended for an eviction and upheld by Priscilla Leonard, Director of Student Services, it is then forwarded for review by Vice President Largie and if necessary by the President. The students have the right to appeal the recommendation to the Vice President Largie. Begay claims that in two situations students' ·eviction were overturned and they were allowed to remain in the residential units. Begay added that in both cases, the students violated their written agreements and brought beer into their dormitory room. In one of the cases it involved a student named, Robryan Wartz, who was residence of Dorm "B". Begay stated that Wartz was a good friend to Alexander Largie, Vice-president Largie's son.

According to Begay, Alexander Largie went to his mother, Vice-President Largie and had Wartz's referral for eviction overturned thus allowed him to stay in the dormitory on campus despite violation ofhis written agreement. Begay added that Vice President Largie and President Clark do not observe or abide by school policies. Begay added that her department and the Student Residential Services disagreed with the overturning of the eviction but they did not co1;1test the actions of Vice President Largie and the President.

Begay added in the second incident it involved Ervin Gonnie that happened in November of2009. Gonnie was a resident of dormitory "B". In November 2009, the security officers had to detain Gonnie because he had gotten drunk. Begay claims that she found beer in the room. Gonnie was drinking with other students and one of the students was a girl. Begay added that the Navajo Police officer from the Chinle District arrested and transport the intoxicated students to jail.

Because of alcohol use violation, an eviction proceeding was started pursuant to the Student Code of Conduct, to evict Ervin Gonnie from the dormitory. According to Begay, within two weeks of his arrest, Gonnie again violated the policy by becoming intoxicated while on the college premises.

Begay added that while was Gonnie faced with an eviction proceeding he took off during a heavy snowstorm. Begay added that Gonnie was not intoxicated at the time when he took off on foot in the snowstorm. Begay added that she was not present at that time but she was briefed when she returned to work after her time off. Begay added that Gonnie was found walking along the road on campus. Begay added that Gonnie was difficult to control but the President intervened and calmed him down. Gonnie. was then

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tr~sported by one of the security staff to Chrystal where the President's wife picked him up and then took Gonnie all the way to Shiprock, New Mexico. Begay added that she didn't know if the President knew Gonnie. Gonnie is another one of the signers of the letter to the Navajo Times published on January 21, 2010.

Begay added that she enjoys working with the.students at Dine College. As a security officer, she must make sure that the students on campus are safe. Begay purports that outsiders, non-students, usually came on campus when financial aid funds are disbursed to the students. Begay added that these outsiders came on campus to sell alcohol or drugs to the students. The common drugs sold to students on campus are marijuana, meth, and alcoholic beverages.

Begay added that it doesn't help trying to enforce the Student Code of Conduct when it is not followed when a student violates an offense and then they are allowed to stay. Begay added thfit this creates serious problems for the staff when the policy is not applied equally among the students. Begay added.that certain students go to the President or to Vice President Largie and they get to stay and violate the policy again.

Begay added that if the President circumvents the expulsion proceeding or the enforcement of the policies for relatives or students he knows, the staff at Student Residentia~ Service and the security department's moral~ plummets and ask why do they try to enforce a policy that would be ignored. Begay added that the Student Code of Conduct is worJdng and that it is was good to have it in place. Begay added that the policy must be enforced equally so that the student learns from it; that they learn that poor choices have adverse consequences. Begay added that in her experience with students getting multiple chances and where the President had gotten involved, the student usually commits the same offense again and they still end up getting evicted.

Begay added that it does not help the students by circumventing the Student Code of Conduct because it gives other students idea that even if they break a rule they could always go to the President and get away with whatever wrong that they have committed.

Begay said, "It is always sad that you have to discipline students but it must be done for their safety." Begay added that at 11:26 am, the day of her interview, four students who .are commuters were stopped in their vehicle and referred them to the Chinle Police Department. Begay added that the students were intoxicated and one of the students was driving while drinking. Begay added that all of the students were arrested and their vehicle impounded. Begay stated that she was involved and present when the students were arrested and that she needs to prepare her shift report logging the incident and identifY the parties involved. Begay added that this incident was serious and the students could have gotten hurt, injured someone else seriously or destroyed property. Begay added that did their jobs protecting the students, the public and property and prevented the situation turning into a tragedy. Begay added that the Student Code of Conduct has a purpose that is for the safety of the students. Circumventing it· does not help the students because she has seen those same students committing the same

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infractions despite the fact they have signed an agreement stating that they won't commit the same offense.

Begay stated that her main concern is the safety of the students; that they are safe at all times. If policies are not followed or if broken intentionally, the students could get hurt or they could get out of control. Begay added that she is always on the look out for any suspicious activities or vehicles on campus. ·

Begay also stated that parents think that their children are safe and going to school. Begay added that this is a huge responsibility therefore she didn't want any harm t<? come to any of the students who are entrusted to their care. Begay is a grandparent so she understands her responsibility keeping the students safe at all times while at Dine' College.

In closing, Begay stated that both the President and Vice President Largie were present for several student orientations at dormitory J, A, Band H when the students were informed of the policies set forth in the Student Code of Conduct. These presentations were held in the Fall of2009. Begay added that the students were told of the consequences for violating of the Student Code of Conduct and zero tolerance for alcohol and drug use. Begay added that the students are also informed ofthe expulsion and appeal process. Begay added that she did not understand why the President and Vice President would overturn the Student Residential Services decision or referral to expulsion of a student. Begay added that she believe the overturning of Student Residential Services recommendations was because the President or Vice President knew personally the stud~nts involved.

We then concluded the interview.

Reply by President Ferlin Clark below:

110.) Did you and Vice-President Largie attended student orientation at Dormitory J, A, Band H while the Residential Life Service Staff give an overview of the Student Code of Conduct in the Fall of2009?

Yes, at their request.

(25.) Interview with Lillie Peterman

On March 24,2010 I interviewed Lillie Peterman, ("Peterman"), via telephone. Peterman stated that she worked for Dine College between August 24, 1978 and August 21, 2009. Peterman added that her job was a Transfer Counselor at the Shiprock campus. Peterman added that she has a Bachelors degree from the University of Utah with background in Family and Consumer Studies. Prior to 1978, Peterman stated that she had short-term jobs such as filling in as a registrar and a personnel clerk at the Shiprock Indian Health Services. Peterman added that she worked as an Administrative officer and later an Assistant Registrar until1990.

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Peterman stated that she took educational leave from 1990 until 1991 to earn her Bachelors Degree and then returned to Shiprock Dine campus as an Assistant Registrar. Peterman stated that she then became and worked as the Transfer Counselor between the years 1991 and 2009. Peterman added that her supervisor is Pris~illa Leonard, Director of Student Services, who was a Dean before she was demoted to the Director's position. Peterman stated that her complaint is that her rights were violated as an employee by being wrongfully terminated and that she was also unfairly treated by the Dine College.

In June of2009, Peterman added that she decided to go on personal leave without pay to taking a break during the time when other people were taking their vacations. Peterman added' that the summer months are usually slow so she decided to take an extend leave from July until August 2009.

Peterman stated that in 2008 the school was talking about realignment in the Student Sewices and that the realignment should be completed in the beginning of 2009. Peterman added that a reorganization chart was developed in May of2009 and it did not show that her position would get reclassified. Peterman added that Stella Clah, a fellow co-worker who also lost her job at Dine College, was also adversely impacted by the reorganization because her position was reclassified and transferred to the Tsaile campus.

Peterman added that her supervisor informed her that her position was going to get reclassified to a program coordinator anq she was assured that the position would remain in Shiprock. Peterman also stated that she was assured that she would not be adversely impacted by the reorganization. Peterman added that Priscilla Leonard told her that the Human Resource Department was making the changes when she left on her extended leave. Peterman added that when she left on her extended leave, she was confident that a job would be waiting for her in Shiprock when she returned in August.

Peterman again stated that she was assured that her position would remain when she returned from her extended leave. Peterman added that Priscilla Leonard assured her that her job would stay in Shiprock. Peterman stated that it turned out on August 17, 2009, she learned that there was a lot of changes that happened with her position. When she returned to work in August, she learned that Leonard was not fully informed or received notice from the Human Resource Director that her job was reclassified and moved to the Tsaile campus several hours away.

On August 17, (Wednesday), Peterman stated that Leonard sent her an email instructing her to contact the Human Resource Director Evelyn Meadows in Tsaile. Peterman added that she called Evelyn Meadows. Peterman added that when she called Evelyn Meadows, she told her that her old position was eliminated and reclassified as a Recruiter and moved to the Tsaile campus. Peterman was caught off-guard and unprepared for the news she received. Peterman stated that while still in shock she was told that she needed to accept or decline the new position in Tsaile.

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Peterman added that she had concerns about the new recruiter position because she was physically challenged. Peterman added that because ofher physical limitations she could not haul and unload heavy materials that a Recruiter position demanded. Peterman added that she was also a caretaker of her granddaughter who was starting school in Shiprock. She was not prepared to move her granddaughter, locate a sitter or find other suitable arrangement on short notice. She understood that her job was staying in Shiprock thus was not prepared to move. Peterman added that she had just returned from an extended leave and it was unreasonable for Evelyn Meadows to require her to accept or decline the recruiter position in Tsaile by 5 o'clock the following day. Peterman added that a 24-hour consideration was unacceptable and imfair. Peterman purports that Evelyn Meadows told her that the President wanted to advertise the new recruiter position as soon as possible and that he wanted to get someone in the Recruitment position as quickly as possible so she must decide.

Peterman added that the HR Director Evelyn Meadows pressured her into accept or decline the position in Tsaile. Peterman added that she wanted to be considered for another position in Shiprock but that option was never extended to her. Peterman added that she was unfairly forced into making a quick ~d uninformed decision. Peterman added that she had no prior notice or forewarning that her position was going to be eliminated, reclassified into a Recruitment position and transferred to the Tsaile campus. Peterman added that she had limited Recruiting experience as part of her counseling duties. She added that she has done some limited recruiting and it is possible that she might have qualified.

Peterman added that she is 62 years old and it would have been very difficult for her to travel due to her physical limitation. Peterman added that she had a congenial dislocated hip. Peterman added that due to her physical limitation she would n~t have been able to carry heavy loads thus she would not been able to handle the job.

Peterman stated that the reclassification of her position to a recruiter position came directly down from the President. Peterman added that Janel Hinrichsen while she was the interim Vice President made the changes to her job. Peterman added that Leonard claims that all the changes to her position were suddenly made one week prior to her returning to work. Peterman stated that was when Leonard advised her to call the Human Resource Department in Tsaile. Peterman added the elimination of her job was made unilaterally by then interim Vice President Hinrichsen and the President. Peterman added that when she met with Evelyn Me~dow, Meadows kept repeating to her that the President wanted to advertise the Recruiter position and to get someone on board as soon as possible. Peterman added the position is now under the Marketing and Publishing Department in Tsaile.

Peterman added that she did not appreciate how she was treated by Dine College. Peterman added that she worked almost 31 years and spent half of her lifetime working for the Dine College. Peterman said, "President Clark knew and he was aware of what was happening to my job." Peterman added she was not acknowledged for her many

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years of contribution to the Dine College., Peterman said, "Evelyn Meadow just kicked me out the door" and the bad treatment caused me to suffer both mentally and physically.

Pete1Jllan added that the employees at Dine College do not observe the Navajo Philosophy or know the concept of K' e. Peterman said, "President Clark does not practice K'e and nobody at Dine College says thank you." Peterman further stated that she believes she was a victim of age discrimination and she was very poorly treated by Dine College.

We then concluded the interview.

Reply by President Ferlin Clark below:

Ill.) How did the realignment in 2009 come about?

A good question. We were moving from a two year to a four year ... Janel Hinrichsen was there ... we had to decide do we wait for the new Vice President Academics & Student Affairs or do we prepare and go through the process. 2010 was fast approaching and the pending focus visit was 2012 ... 13 and it was not our intention to fire staff ... we needed ·to put into action ... we were on time crunch ... personnel matter ... Janel Hinrichsen had it with Fannie Acitty ... Personnel issue ... Fannie Acitty ... staffwere starting to go to the Board of Regents. We're going from a two year to a four year program degree that was how the realignment came about. .. but had problem with staff going directly to Board ofRegents ... and that is why we're here today ... we had a self study ... stepping up to four year ... 1000 people surveyed.

112.) Who was involved in the 2009 realignment initiative that required reclassification of positions at Dine College?

Janel Hinrichsen and Evelyn Meadows developed the organizational chart ... just could have waited apd not do anYthing ... not worry about making change and not offend anyone ... there was pressure from tribal leaders, parents ... we forget parents ... they said you need to deliver this program.

113.) To what extent were you involved in the planning and development ofthe 2009 realignment initiative?

They would share concept and ideas with me ... who would report to the Board of Regents.

114.) How was it decided to eliminate the Shiprock counselor position, reclassification to a recruiter position ~d move the position to Tsaile campus?

Individual directors or Deans made the recommendations ... focus to get campus ... recommendation from Janel Hinrichsen

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115.) Who is occupying the recruiter position now?

Don't know

(26.) Interview with Lafranda Frank

On March 25,2010, I interviewed Lafrenda Frank, ("Frank") Recruiter, at Dine' College in Tsaile, Arizona. Frank added that she recently came to Dine in November of 2009. Frank has a bachelor degree and a master's degree in English and she has taught school from K-12 grade with eight years of teaching experience.

Frank works in the Advertising and Publication department and her supervisor is George Joe. Frank stated that her complaint was about how the college was functioning. Frank stated that she has worked off the reservation and always wanted to return to help contribute to the Navajo Nation. Frank however stated that she has been disappointed with how the college operated and functioned.

Frank explained that in all the years that she worked off the reservation she has always worked in a professional setting and the employees knew their jobs. Frank added that she has worked in two schools before taking the recruiter position at Dine College.

Frank added that she had always dreamed of getting a job at a higher learning institution so when she learned of an employment opportunity at Dine College she jumped at the opportunity. Frank added that she teaches two courses in addition to her recruiting responsibility. Frank also stated that the employees were not helpful and not professional in their manners and attitudes. Frank added that she felt that she didn't fit in due to the employees' unfriendly attitudes. Frank added that the college was a close-knit group and that it was difficult for an outsider·to fit in. To overcome this treatment, she got involved with students and got involved in their organizations.

Frank stated that she encounters unwelcome treatment in most of the departments and that there is no interaction among the employees. Frank added that there is no common courtesy and that the employees have a wall as barriers and because of these behaviors it was a struggle to work with the personnel. Frank believes that these behaviors are exhibited because the employees were Navajos and while she worked off reservation among non-Navajos she was embraced. Frank added that she was disappointed with this institution because she wanted it to thrive. Frank stated that the institution lacked customer service and that the students were experiencing it.

Frank added that the institution is founded on Navajo philosophy but the people didn't practice it. Frank said, "No K'e, its one of the foundation." Frank stated that you can't get too comfortable at a job but that was the norm and attitude trickles down from the top and it is condoned.

Frank added that the chain of command was also ignored. Frank stated that her department after Townhall discussions and with in-put of students created two cartoonish

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illustrations as p&rt of the department's recruitment drive. Frank added that she presented the illustrations to the President for consideration. Present at this meeting with the President, included Jonathea Tso, Amber Crotty and herself. Her supervisor George Joe did not participate in the meeting because he was out on medical leave.

At the presentation, Frank stated that the President did not like the illustration and she tried to reason with him. Frank added that she told the President that the illustration was from the students' perspective and it was their interpretation. Frank informed the President that her supervisor had approved it. Then, the President inquired whether the illustration was reviewed and approved by Vice President Curtis Ray Benally, George Joe's supervisor. Frank added that her supervisor is the director of Marketing and Publishing and doesn't need the approval from Curtis Benally.

Frank added that the President then decided to replace the Ad without no negotiation or compromise. Frank stated that the President did not to use their Ad. At that meeting, Frank stated that she saw for the first time the President's "leadership style. She said, "Leadership 'and empowering himself and no team leader." Frank didn't know ifthe.President's action was personally motivated. Frank added that the President could have said to make changes to the Ad. Frank elaborated that the President couldn't understand the work, time and the message the Ad was conveying.

Frank explained that she worked in the Publishing World and understood the reasoning behind the creation of their recruitment Ad. Frank stated that a lot of thought and planning went into creating the Ad. Frank said, "It was just taken out based on personal feelings." Frank felt devastated, mad, upset, belittled, and that the President had no confidence in their work.

Frank expressed that she has a lot of confidence in her department and that she knows this because she has worked in a leadership role. She started to question how the President operated.

Frank stated that the Ad had a student character in baggie clothes and not geeky looking that conveyed the message that Dine College is bringing education. The Ad was supposed to depic;t that we have an opportunity for education. Frank explained that the Ad was a cartoon that youth could relate to. Frank stated that the President replaced their Ad with a cartoon coyote playing in a Navajo traditional shoe game. Frank expressed that the President had stated that he wanted a more Academic oriented Ad but his Ad was more cultural than Academic. Her department was not consulted on the replacement Ad that the President selected. Frank stated that there was no cooperative effort on the part of the President.

Fra.pk then spoke about the President selectively rewarding only certain staff for a recruiting effort during the 2009 Navajo Nation Fair. Frank added that the President gave jackets to Jonathea Tso, Pax Harvey and Vice President Chris Benally. George Joe. however did not receive a jacket or acknowledged for his part in the College's student recruitment drive. Frank witnessed this selective rewarding behavior exhibited by the

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President. Frank added that she was a consultant to Dine College at the time. The jackets were presented by the President as his token of appreciation for a successful recruitment drive at the Navajo Nation Fair. Frank added that the presentation was made at the close of the Campus Day. Frank explained that she didn't understand why the recipients didn't say a word that he (President Clark) missed in giving a jacket to a team member. That inaction or not saying anything about leaving out a team member made her questions the recipients' integrity.

Frank added that everybody at the college has a responsibility to recruit students and they should have an enrollment of more than 2000 students. Frank stated that it was unfortunate that our people go to other colleges such as Arizona State University, Northern Arizona University, in Utah or attend the Northland Pioneer College. Frank said, "Something is wrong."

Frank believes the Dine College is an exclusive school because the majority of the people are from the community. She stated, why is it that people are not friendly or helpful. Frank added that the college operates as an exclusive school for members of the community. She explained that the college student senate is comprised of the children of the administration like the IT worker has a son on the student government and the former Student President was the daughter of Terri LaMotte. Frank said, "They have a strangle hold on campus." She added, they feel that they have an inherent right to the campus. Frank added that Higher Education is about learning and teaching but the people think it's a work place for them.

Frank said, "I'm an outsider but I'm a stakeholder in this institution and so are all tribal enrolled members." Frank added that we proudly say that we're the first Indian College established in 1968. She added that there are 37 tribal colleges with one ofthe other college becoming the first to offer a bachelor's degree in 1981. Frank added that Turtle Mountain is offering 3 bachelor's degrees and here at Dine ·college we now have for the first time a bachelor in Early Education. Frank stated "Why are other schools excelling and not our college." Frank said, "Why is it because we select Navajo Presidents?" Frank added should we want the best? Frank added that we are capable of providing excellent education but we have to be proud of our school. Frank said, "Sometimes I think this might not be the place for me because there is abuse." Frank added that people get educated and they get high headed and forget the needs of the people but that she hopes that the school becomes better and offers better customer service.

Then, Frank spoke about a meeting with George Joe to update him on the status of projects while he was out on sick leave. The meeting was held in November 2009 and at the Hogan conference room. Frank added that Jonathea Tso, George Joe and she were at the meeting seated at the conference table when the President came in. Frank added that the President stood next to George Joe and in between Jonathea Tso. Frank sat across and opposite of George Joe.

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c Frank explained that the President made derogatory remarks about George Joe's

eye problem. Frank added that the President stated to George Joe that he was using his eye problems as an excuse for not wanting to come back to work. Frank added that the statement was callous and uncalled for and the remark was made in front of other staff. Frank added that she felt the remark was rude, unprofessional, and inhumane to say that. Frank stated that the President could have had a better choice of words like saying are you okay or what happened? Frank said, "President Clark is like that and as President you can't do it." Frank expressed that President lacked the sense to distinguish humor or teasing.

Frank believes the President is a bUlly and he belittles people. Frank was uncomfortable for what he did to George Joe. She added that his action was uncalled for. Frank observed that George Joe is very articulate and he handled the situation well. Frank stated that after tlie President made the hurtful comments about George Joe's eye, George Joe had to justify the problem with his eye. Frank added that she could tell that George Joe got offended because his face was flushed but he maintained control.

Frank added that things got very tense and started to escalate because she had to say calm down to the President. Frank stated that George Joe remained seated and looked embarrassed about the comments made in front of the staff while the President stood over him. Frank added things got very tense and it became personal and emotional. Frank said, "President Clark was the aggressor." Frank added that by the President saying that George Joe was using his eye problem as an' excuse to take time off from work was insensitive. Frank added that the President was getting very mad and she had to act fast to divert the President's attention and defuse the situation. Frank added that because of her experience working with students a long time she was able to recognize the signs that she needed to do something to prevent imminent physical confrontation between the two.

Frank stated that the President was wearing a beaded necklace so she quickly commented that she liked his necklace that he should give it to her. Frank added that by making that remark, the President's attention shifted from George Joe to her and he started laughing and it defused the whole volatile situation. Frank added that Jonathea Tso is young and she is scared to say anything. Frank also stated that Jonathea Tso sees and hears things but she wouldn't say anything. Frank added that during the incident between their boss, George Joe, and the President, Jonathea Tso didn't say a word.

Frank added that she is a member of the Native American Church but never attended any of the ceremonies on campus even though she has been invited. Frank added that getting into the door was difficult and if the people's attitudes were different she would have been willing to help.

Frank added that not everyone had unfriendly attitudes like the professional people, namely: Robert Yazzie, Tim Begay and Dr. Largie. Frank added that these people made her feel welcomed. Frank concluded by stating that she hopes to contribute to the growth of the college.

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We then concluded the interview.

Reply by President Ferlin Clark below:

116.) In the Fall of 2009, is it true that without discussion you replaced a newspaper ad that was developed by the Public Relations & Marketing staff with your own ad that depicted a coyote character?

Ad was not representative of the college. They run it by me ... sometimes you see typos ... modified in the best interest of the college. Alex Mitchell drew up a shoe game ad.

117.) Is it true that you did not listen to LaFrenda Frank, of the Public Relations & Marketing, attempting to explain to you the staff's cartoon caricature ad?

Sat down with staff ... DPI staff agreed with me ... ad was an elementary type ... we're at college my kind of thinking.

(27.) Interview with Wesley Thomas

On March 25,2010, I interviewed Dr. Wesley Thomas, ("Thomas"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Thomas stated that he started working for Dine College on October 16, 2009. Thomas added that he is currently the Dine Studies Chairperson and he teaches Navajo History, Navajo Tribal Government and Navajo Language.

Thomas added that he has a Bachelor Degree and his PhD from Washington in Cultural and Anthropology. In October 2006, Thomas stated that he came to Dine College and was hired as the Academic Dean until August of 2009. In August, Thomas added that he was demoted to the Dine Studies Chairperson because his former Dean position was abolished. Thomas added that he was not given much choice or option but instead he was told that he takes the demotion or get out so he chose to take the Department Chair position. On August 10, 2009, Thomas added that he decided to accept the Department Chari position because there was no time to file a grievance.

Thomas added that he was a professor with Indiana State in Bloomington before he came back to Dine College. Thomas added that he was a professor teaching at Indiana State and served on a committee for the PhD candidate students. Thomas added that he had worked closely with Dr. Tanya Gorman Keith until she resigned in the Summer of 2008. In the Fall of2008, Thomas added that Dr. Janel Hinrichsen was appointed the Interim Vice President that lasted about year and two months ending in 2009.

Thomas stated that his complaint is about his demotion and the abolishment of the Dean positions. Thomas added that the Interim Vice President Janel Hinrichsen told them around April of 2009 that the Dean posi~ions were being abolished. Thomas added that

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they were told that the realigrunent was in preparation of a report to the Higher Learning Commission (HLC). Thomas added that they were told that the i'ealigrunent of the college was a requirement by the HLC. Thomas added that there was no transparency at Dine' College. Thomas added that the Administration did not seek or request for their input, no solicitation sought from the staff or request of staff to be part of the College wide realigrunent project. Thomas added that when he accepted the Department Chair position, he negotiated with the administration for compensation and he sought a $10,000 raise but they reached a settlement of $5,000.

Thomas added that he is also concerned about some activities relating to Grants monies at the Dine College. Thomas added that Dr. Janel Hinrichsen and Dr. Debra House worked as Faculty and that they are Principal Investigators for Grants and they periodically submit their invoices for services. Thomas added the invoices for services are additional fllOney to their teaching contracts with Dine' College. Thomas added .that Hinrich$en and House worked closely with the HR Director Evelyn Meadows and perhaps as well as Vice President Ron Belloli.

Thomas added that when Dr. Janel Hinrichsen was still the Interim Vice President she hired Dr. Debra House and then started serving as a PFincipal Investigator for Grant fund. Thomas added that he is concerned that Dr. Debra House had a contract with the Dine College and was also receiving funds from the Grants· she was overseeing as the Principal investigator. Thomas added that it is his opinion that the use of those Grant monies by the staff as additional income is on the verge of Fraud or Embezzlement of funds. Thomas added that Dr. Janel Hinrichsen is also overseeing Grant funds just like Dr. Debra House was doing. Thomas believes that there should be an independent and separate investigation to look at how the Grant funds are being utilized at the Dine College. Thomas added that all of the Anglo faculties are handling Grants under ihe umbrella of Dine College and the accounts should be looked at separately. Thomas added that he believes that there is a problem with use of grant funds and it has been a thorn ih his side.

Thomas added that he is also concerned about how the Interim Vice President was selected in 2008. Thomas added that he applied but he does not understand how Dr. Janel Hinrich~en was selected for the Interim Vice President position. Thomas added that the official information circulated is that no one else qualified. Thomas added that all of a sudden the President circulated an email announcing that he had appointed Dr. Janel Hinrichsen as the Interim Vice President. Thomas added that he immediately contacted HR Director .Evelyn Meadows about his application but he was told that he did not qualify and his application was not considered. What are Dr. Janel Hinrichsen's qualifications that she gets selected and appointed?, asked Thomas.

Thomas added that the President is not an Administrator and that someone with Administrative background should be in the President's position. Thomas added that the President is really good at being a fund-raiser, a spokesperson and as a front man.

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Thomas added that he is also concerned about how the Dine Education Philosophy courses number 294 and 295 were dismantled without in-put from the faculty. Thomas added that the DEP classes were then converted into workshops and the employees are now attending lectures every Friday. Thomas added that the then .Interim Vice President Hinrichsen and Evelyn Meadows dismantled the DEP Classes and the President just followed their recommendation.

In the Summer of2008, Thomas stated that Dr. Janel Hinrichsen was a subordinate of Dean Pherfilla Mikki Charlie but after Dr. Tanya Gorman-Keith left her Vice President position and Dr. Janel Hinrichsen was moved into the Interim Vice President position, Hinrichsen immediately started intimidating and harassing Charlie and Afton Sells. Thomas added that he witnessed Dr. Janel Hinrichsen locking the door behind her when she went into Dean Pherfilla Mikki Charlie's office. Thomas added that Hinrichsen confmed Charlie in her office but he does not know what happened behind the locked door nevertheless he think it's a criminal act; a false imprisonment. Thomas added that Hinrichsen was not criminally charge for false imprisonment. Thomas added that Hinrichsen was intimidating Charlie. Thomas added that Hinrichsen was retaliating against Charlie who was her former supervisor. Thomas added that Charlie was being harassed and intimidated because she did not renew a teaching contract for one of Hinrichsen's friend.

Thomas added that he was by the photocopy machine located near Charlie's doorway. Thomas added that from where he was standing he could hear the door-knob locking mechanism click after Hinrichsen closed the door behind her to confine Charlie to her office. Thomas added that Charlie was also recommending not to re-new Hinrichsen's teaching contract because of poor performance. Thomas added that was why Hinrichsen was intimidating, harassing and retaliating against Dean Charlie.

Thomas added that the President gives favorable treatment to Curtis Ray Benally who was made Vice President after the position became vacant. Thomas added that the President surrounds himself with his friends. Thomas added that George Joe is one of the President's friends. Thomas added that the Vice President position that Benally is occupying should be located in Tsaile but instead it is at the Shiprock campus to accommodate Curtis Ray Benally. Thomas added that George Joe was promoted into his current position that was not advertised. Thomas said,. "Jack Jackson is also another friend of Perlin Clark and so his position was created for him as well."

Thomas added that he was present when the President cleared the room when he confronted Dr. Tanya Gorman-Keith. Thomas believes what lead up to the clearing of staff from the conference room was because of a statement that Tina James Tafoya made that was overheard by the President. Thomas added that Dr. Tanya Gorman-Keith was mistaken for making the statement. Thomas added that Dr. Tanya Gorman-Keith had a new pair of hiking boots on and the staff were talking and visiting. Thomas added that one of the ladies asked Keith if her boots had a steel toe. Thomas added that Keith replied that she did not know. According to Thomas, Tina James Tafoya said to Keith, "Lets find out and kick the President" while his back was tum to the group. Thomas

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adqed that the President overheard the statement and he told the staff to clear the room. Thomas believ~s that waswhen the working relationship between the President and Vice President Tanya Gorman-Keith split. Thomas added that the working relationship broke because of what Tina James-Tafoya uttered.

Thomas added that the President told Vice President Tanya Gorman-Keith to stay behind and the staff exited the room. Thomas added that he does not know what transpired behind the closed door. Thomas stated when Vice President Tanya Gorman­Keith returned to her office she looked like she had been crying. Thomas .added that when Keith got back to. her office she then completely broke down and sobbed. ·

Thomas added that Vice President Tanya Gorman-Keith is an upfront person and spoke her mind and that attitude was unsettling with the President. Thomas added that the President also confronted him. Thomas stated that the President became very furious at him and he stated to him that he was going to sue him for slander. Thomas added that it was an unprovoked attack and he believe it was just intended to intimidation, harassment, and to demean him. Thomas said, "You have to be careful what you say around the President because there could be repercussion." Thomas added that he is very uncomfortable to be around the President because he tends to talk down to staff but he acts and speaks differently in public. Thomas stated that because of his past experience with the President he has to walk on eggshells when he is around him.

Moreover, Thomas stated that it is difficult to find Navajo people with, advanced degrees but it is unfortunate that Navajos with advanced degrees are not appreciated at Dine College. Thomas added that a good example is Dr. Eulynda Toledo who is the only Navajo person with a PhD in Special Education. Thomas added that finding a person with that advanced degree with Special Education is rare to find and that is especially true when the professional is a Navajo. Thomas added that another rare quality is finding someone like Dr. Don Ben who has a PhD in Chemistry. Thomas added that Dr. Don Ben left for another University under the President Clark's watch. Thomas added that Navajo people with PhD are not appreciated because there is resentment and jealousy toward Navajos with PhDs and 'that is compounded by the fact that they are younger Navajo people with advance degrees. Thomas added that he is considering leaving and he applied at three different institutions.

Thomas added that he lives in a College apa,rtment with no renovation or upgrades but Dr. Janel Hinrichsen had her apartment renovated. Thomas added that even though he is the Chairperson of the Housing Committee he has not had his campus apartment renov,ated.

Further, Thomas added that he heard of allegations that the President making sexual advances to about three or four women but they refused to file any complaints and that one of victim was a Northern Arizona University student. Thomas added that Dean Pherfillia Mildd Charlie confided in him that the President was following her around and monitored her activities that she suspected that he had ulterior intentions and not related to work. Thomas added that he had told her to report it but she never did. Thomas stated

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that he has never seen the President do what Charlie was alleging. Thomas added that he nevertheless told Dean Pherfillia Mikki Charlie to document each time she is followed and to file a complaint. Thomas added that the behavior is a violation of the Personnel Policies and Procedures Manual.

In closing, Thomas added that the Human Resource Director was trying to get .· some information that was mailed directly to him regarding an employee going through a grievance proceeding before the Navajo Nation Labor Commission. Thomas added that it is his position that the Notice of Hearing was addressed to him and that the Notice should stay with him and not the Human Resource Department. Thomas added that the information is the Notice of Hearing that the HR Director is trying to get a copy of. Thomas added that the grievance hearing was regarding an employee claiming that Dr. Janel Hinrichsen had intimidated and harassed.

We then concluded the interview.

Reply by President Ferlin Clark below:

118.) Is it true that there is no free speech at Dine College and you have to watch what you say and if you don't there will be repercussion from you?

No, that is not true

119.) Despite Wesley Thomas being the chairperson of the DC housing committee why has he not had his DC apartment renovated?

I don't know ... he lives there .. .I have not had my house renovated ... he has new windows and screen door ... that's between him, Committee and Ron Belloli and Claude Sandoval

(28.) Non-responsive- Afton Sells

(29.) Donald Denetdeal

On AprilS, 2010, I interviewed Donald Denetdeal, ("Denetdeal"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Denetdeal stated that he started working for Dine College in October of 1989 as an Academic Advisor. Denetdeal added that he started his employment with Dine College when Lawrence Gishie was the President of the College. Prior to Dine College, Denetdeal worked in .Washington D.C.

In the Fall of 1999, Denetdeal added that he became a full-time Faculty member at Tsaile campus at the urging ofPresident Lawrence Gishie. Denetdeal added that he likes the 9-month teaching contract and having the option of taking the entire summer months off. Denetdeal added that between1991 and the Spring of2004, he worked at Tsaile but then purchased a house in St. Michael, Arizona. Denetdeal added that he is

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full-time faculty but teaching in the outlying areas. Denetdeal added that he comes to the Tsaile campus on Thursdays to teach his class. Denetdeal added that he has a Bachelor and Master degrees and he is a certified ordained Navajo Traditional Hathatlie and he conducts several Traditional ceremonies .

Denetdeal added that his supervisor is Dr. Wesley Thomas, "Dine Studies Chairperson, and the department teaches all of the Dine Studies, Navajo Cultural and Oral"History. Denetdeal added that he had no complaint because he did not have any direct contact with the Administration and that most of his work is focused on providing instruction to the students.

Denetdeal added that he respects the chain of command and that he does not go beyond his Chairperson. Denetdeal then spoke about his work on the selection of the Vice President for the Academics and Student Affairs. Denetdeal added he was on the selection committee panel and served as the Chair for the Committee. Denetdeal added that the Committee abided by the Personnel Policies and Procedures Manual and stuck close to it.

Denetdeal added that the Human Resource Department conducted the credential checks and that it was his understanding that the applicants met the minimum job qualification. He added that the Human Resource Department qualified three applicants and they were referred to the selection committee for interviews. Denetdeal said "Filling the Vice President position dragged on" so they also discussed whether to re-advertise if they were unable to fill the position. According to Denetdeal, the Committee decided to make an offer to their first choice and if for some reason the first choice declines, then an offer should be made to the second choice and if both applicants declines the position they would then re-advertised. Denetdeal added that the third ~pplicant withdraw her application so they had to decided between only two applicants.

Denetdeal added the Committee made its recommendation but the Human Resources Director had the ultimate decision whether to accept their recommendation and make an offer. Denetdeal added that the Committee's recommendation was to make an offer to their first choice but for some reason that was dragged out and so as a Committee they set a deadline for the individual to accept or reject the offer. Denetdeal added that the Committee's second choice was Dr. Elvira Largie. Denetdeal added the Committee gave an extension to the first choice but for some reason he wanted more money and benefits. Denetdeal said, "We are a poor College and couldn't give him more or what he was asking for." He added that the end result was that the College couldn't afford the first person the Committee haq reaommended. Denetdeal added that the first choice (applicant) was working for the University of Arizona at that time.

Denetdeal said, "The Human Resource Director or President Clark did not advocate for either applicant." Denetdeal added that Dr. Elvira Largie was the Committee's second choice so they recommend that a job offer should be extended to her if the first choice declined the offer. Denetdeal added the major difference between the first choice and the second choice was that the first applicant had post secondary

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education experience at the College level and worked two years at a University level. As for the second applicant, she had experience at the High School and Elementary levels and had no post college administration experience. Denetdeal added that the second choice had only a High school level experience. He added that the environment was the major difference between the two applicants. Denetdeal added that the Committee was under a time constraint and they had to make their recommendation.

Denetdeal added that the Vice President position oversees the Student Services, Fine Arts, Academic Records, Administration, Catalog, and Accreditation therefore the Vice. President was a key position. Denetdeal added that the College had an Acting Vice President at the time when they were making their selection. Denetdeal added that the Committee thought that the Vice President position would need time to learn and that there was going to be some on the job training and that was fine. Denetdeal added the Committee felt that the second choice needed to step up to a College environment. Denetdeal added that the second candidate had a background in assessments experience that they needed for their NCAA accreditation that was part of the Higher Learning Commission requirement and that the College needed to prepare student assessments to measure the students' outcome and that the HLC and the College were looking for data.

Denetdeal added that the College and HLC were looking at how many of the students were transferring to larger school and completing their studies successful and graduating. Denetdeal added that another item the College was looking at is outside funding and also working with courses for the articulation with other University and if it is not done the student could lose their college credits. Denetdeal added that it was the Vice President of Academic and Student Affairs' job to develop course descriptions and the Vice President had to work with other higher institutions so that the class credits are transferrable.

In closing, Denetdeal stated that it was his suspicion that the Anglo Faculties were the ones who are complaining about their Vice President selection.

We then shook hands and concluded the interview.

Donald Denetdeal had no complaints against the President so no questions were developed for him.

(30.) Janel Hinrichsen

On April 5, 2010 I interview Janel Hinrichsen, ("Hinrichsen"), at Dine College in Tsaile, Arizona. Hinrichsen stated that she has been a faculty at Dine College for six years. She also served as Interim Vice President and now she's back in Faculty teaching position. Hinrichsen added that she has a PhD in Education teaching and learning about how adults learn with emphasis on how to design plans.

Hinrichsen added that she worked as a Director Managing Hospital accounts in Kansas. Hinrichsen added that she has worked with patient accounts and served in a

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supervisory capacity'fol\ several years and she worked with national company installing computers for hospital. Hinrichsen added that she worked for the University of Kansas and taught at Haskell Indian School.

Hinrichsen stated that she has worked with the College's Associate Degree in an effort to upgrade to a Bachelor's degree. Hinrichsen added that she also helped with preparing a report to the Higher Learning Committee in April 2008. Hinrichsen added the college offers one Bachelor Degree in Elementary Education. Hinrichsen added that to accommodate the upgrade they had to realign the base of the school's foundation and she worked with the Executive Council to achieve the realignment in three areas: (1) College prep; (2) Academics dealing with classes; and (3) Education. Hinrichsen added that under the old system the Deans were working in separate silos but that has changed through the realignment. Hinrichsen added that due to the school's realignment, the organization could be misconstrued by the employees as hostile working environment. Hinrichsen added that many of the employees before the realignment use to think that I'd rather do it my way butilow there is only one Dean. Hinrichseh added that as part of the realignment some of the employees had their salary adjusted and got raises. Hinrichsen added that the realignment reduced the number of Deans from three to one because the school had only about 2,000 students. Hinrichsen added that with having three Deans it was considered top heavy.

Hinrichsen added that ninety percent of the students attending Dine' College go thru their Pre-College program because when the student leaves high school they are not academicalfy prepared for College. Hinrichsen added that students usually have their academic. skills assessed when the come to Dine' College. Hinrichsen added that some of the students because of lack of adequate academic skills cannot get into other Colleges so they come to Tsaile and most of the time Dine College is not their ,first choice. Hinrichsen added that a high percentage of-the students are older. Hinrichsen added that the in-coming students are not strong in Math and English but that is changing over the years.

Hinrichsen added that when they were working on the realignment plan they had to deal with. territorial issue by the Deans. Hinrichsen added the changes made had to do with what is best for the College. Hinrichsen added that by reducing the number of Deans that could be anticipated as a hostile act. Hinrichsen added that all Deans were offered new positions and given a chance such as for employee Stella Clah. Hinrichsen added that Clah was offered housing in Tsaile but she chose not to take the position. Hinrichsen added that during the realignment plan the Administration followed the Dine College Policies and Procedures Manual so that they kept fairness to the affected employees.

Hinrichsen then spoke about the advertisement and selection of the Vice President of Academic and Student Affairs position. Hinrichsen added that there was a public posting of the vacant Vice President position and at the initial posting of the job description it called for seven or eight year of work experience and another requirement called for a PhD as a preference. Hinrichsen added that prior to the hiring of the current

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sitti~g Vice President the job description was modified to req~ire less years of experience and this modification was made while the interviewing, deliberation, hiring and selection were still in process. Hinrichsen added that she abides by and recognize the Navajo Preference in Employment Act and agrees with it and understands it.

However, Hinrichsen added that her difficulty is accepting the changing of job description qualification while still doing the job search. Hinrichsen added that the rule is that if no one qualifies for an advertised position then a failed search is declared. Hinrichsen added that after a failed search is declared you identify a new person to serve as Interim while another search continues for six months to a year. Hinrichsen added that was her recommendation to the President to declare a failed search but he chose not to accept her recommendation.

Hinrichsen added that she has an ethical concern with the President to continue with the job selection while changing the job description and qualifying an application under the new description without re-advertising. Hinrichsen added that the HR Director was present when she made her recommendation to declare a failed search. Hinrichsen added that initially the person selected for the Vice President position was Manley Begay. Hinrichsen added that she learned that Begay was the Chair Person for the President's Dissertation Committee while President was a candidate for his Doctoral degree. Hinrichsen added that was another one of her ethical questions for the President. Hinrichsen added that while Manley Begay was the Chair of the Dissertation Committee for the President and the President was trying to employ Manley Begay at the College that didn't sit well with her. Hinrichsen added that there is an appearance of impropriety on part of the President. Hinrichsen claims that the President or Begay did not disclose the possible conflict.

Hinrichsen added that as she got to know the President while working with him and she was not too thrilled when she found out that she might be in the company of a person who may have an appearance of impropriety. Hinrichsen added that she also learned that the President wants people in certain positions. Hinrichsen added that the President asked her to get rid of some employees but she said no to him. Hinrichsen did not identify the employees targeted for termination by the President. Hinrichsen added that she could tell her ethical difference with the President. Hinrichsen contends that the President told her that Dr. Elvira Largie did not qualify for the Vice President position but to support her because he wanted a Navajo person as a Vice President of Academics and Student Affairs.

Hinrichsen believes that there is a difference in treatment of employees based on their ethnicity at Dine College. Hinrichsen said, "The non-Navajo employees are treated differently than the Navajos employees." Hinrichsen contends that because of her race and despite her qualification for the Vice President position, the President did not afford her consideration or an interview. Hinrichsen purports that the President has made public statements of getting rid of all Non-Navajos from Dine' College staff. Hinrichsen added that she has not taken the statement personally because it is only one person that is making racial comments and it is even disheartening to her and that racism permeated in

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meetings. Hinrichsen added that this racial model is coming from above and it permeates among the staff.

Hinrichsen added that her nexF concern w~ regarding the federal Title III grant moneys specifically how the funds were spent. Hiqrichsen stated that the new Vice President launched a program to expend those funds and took Administrators on a Leadership Training and that the Leadership Training Program was designed for K-12 grades. Hinrichsen added that the training program was for those people who wanted to become Principals at K-12 grade level. Hinrichsen questioned how does the K-12 grade Leadership Training Program fit in at Dine College.

Hinrichsen then discussed the former Dean positions at Dine' College. Hinrichsen stated that Pherfillia Mikki Charlie was terminated and the President also wanted Dr. Wesley Thomas and Priscilla Weaver terminated as well but she refused and said no .

Hinrichsen further stated that the job descriptions are watered down so that those people who do not qualify can occupy those positions in the Administration. Hinrichsen added that the President is not an Administrator because he has hired people who do not know what they are doing. Hinrichsen added that the President just knows how to do the "dance and bpng in funds".

Hinrichsen added that if the President wants something done he tell the staff just do it because I am the President. Hinrichsen added that the President's personality has changed over time since she has known him. Hinrichsen added that the President claims that he has an open door policy and if a student complains he would tells the staff to change the policy or fix it rather than telling the student lets solve the problem. Hinrichsen added that the President expects to have a quick fix and that policy changes should be done quickly. Hinrichsen purports that the President does not understand how to up hold policy. Hinrichsen added the new Vice President got new furniture that included chairs and tables ~d she didn't follow policy.

Hinrichsen briefly spoke about the grants as well as the reporting requirement. Hinrichsen added that as Principal Investigator, the individual must show proof of service, the Department of Education requires a budget and quarterly reports must .also be submitted. Hinrichsen added the range for compensation as a PI it pays between 5% and all the way up to 90%. Hinrichsen added that there is time anc.\ effort required in the reporting but that portion of the reporting is not being completed or filed by the Pis at Dine College. Hinrichsen added that the Pis reporting contain just a reasonable explanation aqd leaving out the time and effort ~equirement. Hinrichsen added that the grants are normally for education, science, public health, social behavior and some of the funds are for Navajos such as the Wisdom of the People Grant that is for purposes of preserving culture.

We then concluded the interview.

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Reply by President Ferlin Clark below:

120.) After asking Pherfillia Mikki Charlie to get rid of Janel Hinrichsen, what was the determining factor to appoint her interim Vice-president of Academic & Student Affairs after Tanya Gorman-Keith's departure? ·

Why would I tell people to get rid of Janel Hinrichsen ... went to the staff and faculty ... and told them you pick ... the position was opened for interim Vice President and only received four applications ... they were all Anglos and no Navajo applied ... Deborah House, Margaret Mayer, Mia Kalish and Janel Hinrichsen .. .! selected Janel Hinrichsen ... they were saying I was promoting Navajos ... but the appointment became longer.

121.) Is it true that Janel Hinrichsen recommended to you to declare a failed search because of unqualified Vice-president of Academic & Student Affairs after Manley Begay declined the offer?

Don't recall if Janel Hinrichsen said that.

122.) Janel Hinrichsen stated that the job description was changed for the VPA&SF while a job search was still being conducted so that Dr. Elvira Largie could qualify, is that true?

I don't think so

123.) Is it true that Manley Begay was the Chair of your Dissertation Committee when his application was being considered for the Vice President of Academic & Student Affairs?

Yes, true

124.) Did you disclose that to the Hiring Committee?

Disclosed it to Evelyn Meadows

125.) Was the job description for the Vice President of Academic & Student Affairs changed during the job search by lowering its minimum qualifications and experience without closing andre-advertising the position? ·

Don't believe so ... Evelyn Meadows han~le it ... she was involved and handle it.

126.) Did you ask Janel Hinrichsen to get rid of people while she was interim Vice­president of Academic & Student Affairs?

Probably not ... talked about certain people ... no written or directive ... nothing.

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127.) Have you ever made a pubic statement of getting rid ofNon-Navajos?

No, why would I hire a non-Navajo ... made comments to be equal with Navajos and non-Navajos.

(31.) Curtis Ray Benally

On AprilS, 2010, I interviewed Curtis Ray Benally, ("Benally"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Benally stated that his position of Dine College was the Vice President of Institutional Advancement and his office is located in Shiprock. Benally added that five Directors reported to him; those departments consisted of the Institutional Grant Office, headed by Amanda McNeill, Public Relations headed by Edward McCombs, the Institutional Planning, Marketing and Publishing headed by George Joe, the Title III Director and Institutional Resource and the Capital Construction and Special Projects .

Benally added that during1994-95 he taught briefly at the Shiprock campus and he decided to return to school and after completing his education he return to the Shiprock campus. Benally added that he worked as one of Deans of Academics for the New Mexico portion of the school. As a Dean, Benally added that he reported to the Vice President of Academic Affairs.

Benally added his educational background is in Humanities and Fine Arts Studies and his current job requires fund raising and attending New Mexico Legislative sessions lobbying for funding from the State of New Mexico. He added that he preformed those same duties while he worked with the former Vice President. Benally added that New Mexico State Senator Pinto has been a supporter of the college and instrumental in obtaining a lot of the funding through the State Legislation.

Benally added that in the Fall of 2008, the Vice President of Institutional Advancement was advertised so he applied and the HR Department qualified him and he ended up getting selected for the job. Benally added that he started his Vice President job in January 2009. Benally added that he has a Masters degree and that he reports directly to the President. He added that in previous job he reported to the Vice President. Benally added that he had no complaint but he just hope that things get resolved and they get back on track because he cares about what happens to the College. Benally added that his ties with Dine' College goes back to 1994.

Benally ad9,ed that he did not know what to do with his life until he got hired as an Adjunct Faculty at the Shiprock campus. Benally added that he had credentialing problem so he worked briefly and his contract was not renewed so he returned to school and finishe~ his Master degree in 1996. Benally stated that in 2001 he started by teaching one class at the Shiprock campus but his responsibility was expanded to include teaching Fine Arts until in 2008 when he became a full-time Faculty.

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Benally added that the College had a lot of potential and for that reason he returned to help the Navajo people. Benally explained that he is from Cove, Arizona. Benally stated that when the Vice President position became available he was hesitant in applying for the job but he decided to take on a new challenge. Benally said that with the little funding the College receives they try to serve the entire Navajo Nation.

Benally stated that the College re-organization was an attempt to better serve the students but the re-organization was rushed at the last moment. Benally believes that the three deans could have worked if the right people were hired but the people in those positions were new like Pherfillia Mikki Charlie. Benally added that old faculty members wouldn't step up so the school had to bring in new people from the outside. Benally added that the older instructors were just workfng towards their retirement so the new people who came on board had no work experience at a College level and many of the people who came on board were new without academic experience and the Administration didn't know the new people's approach to administration and their management style.

Benally expressed that Dine College was the first tribal College and the school has been in existence for 43 years and the other tribal Colleges were looking to Dine College to set the trend and leadership. Benally said, "The tribal Colleges are aware of our current unstable situation therefore I hope the issues at the College get resolved."

Benally added that the business atmosphere across the campuses is the attitude that you are there and we are here. Benally said that the issue with the Non-Navajos, Indians and Navajos is that they need to know the foundation of Dine College is Sa'ah Naaghai Bik'eh Hozhoon ("SNBH"). Benally explained that the employees working at the College should support the College's mission statement. Benally added that the resolution of the current situation is up to the Board of Regents. Benally said, "Where do they stand?" Benally expressed that they need to work together.

Benally stated that he has had an opportunity to review some of the past self-study reports and he found many of the division and complaints similar to the current situation. Benally added that complaints have been around since the College was started and based on the self-study reports he reviewed showed a lot of scrutinizing of the sitting President. Benally said that there is nothing new and the finding is in the 2~01 self-study report.

Benally expressed that the North Central Accreditation is in partnership with Higher Learning Conunission ("HLC") from Chicago and since 2001 never gave a full accreditation to Dine College. Benally added that during HLC's official visit in 2008, the college again fell short in receiving a full accreditation.

Benally explained that his review of past reports indicates that allegations were made against the former President Tommy Lewis alleging a hostile working environment. Benally added that one of the problems is communication and that it is a huge challenge to overcome. Benally said that the Dine College's Personnel Policies and Procedures Manual has been updated and the old policy had been used since 1993. The ne~ policy

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was finally adopted 2 years ago. Benally added that the President has prerogative to restructure the College if it best serve the students, and the restructuring must be communicated to the employees, and the process requires approval of the governing Board of Regents.

Benally then spoke about his subordinate George )oe who alleged that questions were raised during his performance evaluation about his relationship with the Navajo Times that could have been deemed as grounds for not meeting the probationary period with the College .

Benally stated that George Joe's position was created last summer and according to tp.e job description the position is responsible for working with the media, including the Navajo Times, but the College received reports that raised some concerns. Benally added that they heard that the publisher of the Navajo Times, Duane A. Beyal, did not have a favorable opinion of Joe and that the publisher did not speak highly of Joe. Benally explained that he went to the Human Resource Director for advice on how to proceed with the report. J;3enally stated that he works closely with the HR Director because the opinion could all be based on heresay. Benally said that the matter was touchy and he respected the rights of the employee. Benally added that he approached the HR Director because he wanted to know where his boundaries were, whether it would be proper for him to ask about Joe's relationship with the Navajo Times. Benally stated that the HR Director a(,lvised him that he had the right to ask the question about his relationship with the Navajo Time and that he had a right to know as the supervisor.

Benally added that it was a personnel matter because of the College runs advertisement, announcing special events at the College, and graduations in the Navajo Times. Benally added that he wanted to know if there was a problem or a conflict because Joe was the Director of Marketing and whether he would have a problem if he needed to go to the Navajo Times for advertisement or placing an Ad. Benally said that he asked Joe about his relationship with the Navajo Times before his probationary period ended in December 2009.· Benally added that the Navajo Times' publisher's opinion was brought to his attention in September of 2009.

In closing, Benally said, "The issue about Joe has been taken care of."

We then concluded the interview.

Curtis Ray Be{lally had no complaints against the President so no questions were developed for him.

(32.) Robert Yazzie

On April 5, 2010 I interview Robert Yazzie, ("Yazzie"), at Dine College, Tsaile, Arizona. Yazzie stated that he started working for Dine College in March of 2006 and he is the Director Qf Dine Policy Institute. Yazzie added that he works with applying Policy and Traditional Navajo Body of Knowledge. Yazzie stated that in 1982 he obtained his

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Juris Doctorate Degree from the University ofNew Mexico School of Law. Yazzie stated that his supervisor is Ferlin Clark.

Yazzie added that he taught at the University ofNew Mexico and in the Law Program at the Crownpoint Institute ofTechnology. Yazzie stated that he had no complaint but he wanted to know the specific allegations against the President.

Yazzie further stated he has seen various types of investigation being done and often time he would see specific allegations written down. Yazzie said, "I don't see it." Yazzie added that from the time of the President's administrative leave he has not seen anything. Yazzie added that all he knows is the stuff that he reads in the paper. Yazzie said, "But that is newspaper." Yazzie added that he had no idea what the allegations are and he didn't see any written complaints nor seen the nature of the allegations.

Moreover, Yazzie stated that he only knows what the newspaper says and he doesn't hear employees talking. Yazzie asked what is the nature of the allegation. Yazzie said, "No one is talking about it." Yazzie said, "I don't know the nature or the specific allegation."

We then concluded the interview.

Robert Yazzie had no complaints against the President so no questions were developed for him. ·

(33.) Jack Jacksqn

On April 5, 2010, :I interviewed Jack C. Jackson, Sr., ("Jackson"), at Dine College in Tsaile, Arizona. After explaining the purpose of the interview and introductions, Jackson stated that he Is the Director of Legislative and Cultural Affairs and in that capacity he works with the States and the Navajo Nation CounciL Jackson added that his primary responsibility is to integrate Navajo traditional culture into the Western Civilization. Jackson added that Dine College was based on Sa'ah Naaghai Bik'eh Hozhoon ("SNBH") and is the foundation of the Dine College. Jackson added that he has a Masters Degree. He added that he has taught in the Window Rock School District and coached basketball. Jackson added that he also served one term on the Navajo Nation Council. Jackson added that he worked for the Navajo Health Authority and served as Arizona State Legislator as a House Representative and State Senator.

Jackson added that he worked with Dr. Tommy Lewis between the years 1998 and 2002 and that he worked with other Dine College Presidents. Jackson added that he has been working with the Higher Learning Commission for the College's accreditation. Jackson added that he also worked on securing funds for the last 10 years and now undertook the challenge of taking Dine College from a two-year to a four-year institution. Jackson added that he is aware that some of the employees have come and gone due to complaints. Jackson stated that he believes that the complaining parties are the Anglo employees.

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Jackson added that Dine College is unique as the way it was set up by the Navajo Nation Council. Jackson said, "Dine College is built by Navajos for Navajos." Jackson added that the Anglo employees do not understand the .uniqueness of the college. Jackson stated some of people who are complaining are Christians and that their teaching doesn't mix with the Navajo culture teaching that is taught at the College. He added this is because it's the Navajo Council that wanted it set up in this unique way; Navajo leaders like Guy Gormon, Dillon Platero, and Ned Hathatlie wanted it that way. Jackson added that in the 1950's, the Navajo Council became aware that a lot ofNavajo students were going off-reservation to pursue formal education but they were not succeeding or obtaining their college degrees. Jackson added the leaders questioned why the Navajo students were not succeeding at colleges off the reservation. Jackson added that to address that concern, the Navajo Nation Council decided to build their own college where both the Navajo traditional culture and Western education would be taught and that is why Dine College is unique. Jackson believes the allegations faced by the President are based on the uniqueness of mixing Navajo cultural and Western Education and doesn't sit well with some instruc~ors.

Jackson added that he has had an opportunity to speak with the President and that he asked him what part of the Dine College Personnel Policies and Procedures he has broken. Jackson added that based on his understanding of the complaints it was not right to place the President on Administrative Leave for. Jackson added that the college has never been better off financially. Jackson stated that the school had better qualified instructors and that the student enrollment was up. Jackson said, "Perlin Clark is qualified to be the Colleg~ President." Jackson added that the people complaining are those who were terminated by the College. Jackson added that the President is very active and that he has secured monies for the College. Jackson added that because the President made things moye and for that some people don't like him and they don't want him .

Jackson stated that the College has received some funding from the federal Government to develop a plan but due to funding constraints some of the money budgeted was cut back and not received. Jackson added that old jish are stored on-site at the College museum and these are the one brought back to the Tsaile Campus. Jackson added that under Dr. Tom,my Lewis's Administration there was a Navajo traditional medicine man apprenticeship program initiated but it never fully developed. Jackson added that a Navajo traditional stargazing ceremony was performed and they learned that some of the old j ish were brought back from the Long Walk era so they felt that a -Hozho or Blessing Way ceremony was appropriate to bring back balance, protection and harmony.

Jackson added that more recently they had another traditional ceremony and they asked Pherfillia Mikki Charlie to serve as a proxy for the College in a Blessing Way Ceremony. Jackson added that based on what he was told Pherfillia Mikki Charlie left the College because she did not qualify for the Dean position that she held. Jackson

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added that Charlie did not have a Masters Degree and she failed to develop a plan for her department. ·

Jackson stated that the College received some monies from the American Indian College Funds and he ~erves as a Principal Investigator for the grant. Jackson added that with the grant the College would be able to put together an indigenous knowledge text for purposes of preserving some ofthe Navajo tradition culture. Jackson added that several people received very little money as an Honorarium so that they may put together their collective traditional knowledge and so that some of the Navajo traditional teachings are preserved for future generations. Jackson added that there is also in the works to develop a traditional archive building at the College. He added that the Archive would house Navajo traditional stories, traditional songs, Navajo jish and other Navajo cultural objects. Jackson added that the College has 3 million dollars for the construction of the Archive. Jackson added that the College has a separate budget for ceremonial purposes. Jackson added that legislation is also pending with the State of Arizona for an appropriation of 17.9 million and the funds will come from the Arizona Transaction Privilege Tax.

Jackson added that the College also has a Navajo Traditional Hogan on-site to host prayers for the students who need a traditional prayer service and the prayers are usually held at the Hogan. Jackson added that its part of the uniqueness of Dine College to provide those type of services.

Jackson then spoke about Dr. Tanya Gorman-Keith, the former Vice President of Academic and Student Affairs, whom he believed left the College because a difference in philosophy but Jackson added that he was not sure what transpired between the President and Gorman-Keith. Jackson added that some former School Deans left because the title was eliminated during the reorganization. He added that the Deans wanted to keep their title and the titles also warrant the higher pay. Jackson added that the elimination of the title was part of the school's reorganizational but Jackson added that he was not sure if the reorganization is complete.

Jackson stated that he was not aware of any money spent for a Navajo traditional ceremony that cost $2,500 and that nobody was going pay that much for any type of ceremony or prayer. Jackson added that he is only ware of the College spending a total of $2,500 when the College hosted long Hozho ceremonies that also required traveling off campus and to diff~rent offering sites. The ceremonies had to be done because of the many traditional jish ~ept for safe keeping at the school.

We then conclude.d the interview.

Jack Jackson, Sr. had no complaints against the President so no questions were developed for him.

(34.) Ron Belloli

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On April 6, 2010, I interviewed Ronald R. Belloli at Dine College in Tsaile, Arizona. After explaining the purpose of the interview, Belloli stated that he started working for Dine College in June of2002 and his title is Vice President of Administration and Finance. Belloli added that he has a Bachelor of Science in Business Management and Accounting degree and that he is also a Certified Public Accountant. Belloli added that he served in the Army during the Vietnam War Era. Belloli added that he worked as a Public Accountant for six and a half years. He added that he worked in the private sector for a Corporation. Belloli added he served as a consultant and held different jobs. Belloli added that his supervisor is President Perlin Clark.

Belloli stated that he did not have any complains only concern for the concerned about the concerns. Belloli added that he has been accused that he did not respect the Navajo culture and he totally disagree with the allegation. Belloli added that when Preston Brown was the HR Director Denise Perry claimed that someone got into her personal email account. Belloli contends that it was not possible for someone else to get into an email account unless they had the individual person's password. Perry was making baseless assertion. Belloli added that Anthony Lee also accused him of being disrespectful to the Navajo culture. Belloli added that he had told Anthony Lee that if he is being disrespectful that he should stop him immediately and let him know what'he is doing wrong was culturally disrespectful. Belloli added that Lee had no response and his allegation dissipated .

Belloli added that Denise Perry was allegedly to have had an affair with the President and it was around that time she purportedly to have had someone else get into her personal email account. Belloli added that due to the nature and the seriousness of the allegation it cost Dine College a lot of money to hire an investigator. Belloli added that they learned that P~rry lied on her job application professing that she had a law degree while in fact she did not.

Belloli stated that during the time he's been working at Dine College there has been at least five different Vice President of Academic and Student Affairs and the last one was Dr. Janel Hinrichsen who was appointed to an Acting capacity prior to the selection of Dr. Elvira Largie. Belloli added that Hinrichsen was put into an Interim status because no one else applied.

Belloli added that the school was conducting a search to bring in a permanent Vice President of Academic and Student Affairs and in that effort they received three applicants. Belloli added that one of the applicants was Dr. Manly Begay and he was familiar with the Higher Education and the school offered the position but he declined it. Belloli 'added that Dr. Manly Begay was also the Chairperson of the Dissertation Committee that was revie.wing the President candidacy for his Doctorate degree. Belloli added that this matter was disclosed to the hiring committee and they had no objection and it was okay with them. Belloli added that other two applicants were Dr. Elvira Largie and a relative of Jack Jackson but she apparently withdrew from further consideration for the Vice President position. That only left two applicants: Dr. Manly Begay and Dr. Elvira Largie.

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Belloli added that the hiring committee had agreed that if Dr. Manly Begay declines the offer then the position would be re-advertised this is because Dr. Elvira Largie had no Higher Education experience. Belloli added that he does not know if the President pushed Dr. Largie's application. Belloli added that it is possible that the President might have gone back to Donald Denetdeal, the Chairperson of the Search Committee, to get Dr. Largie into the Vice President position.

Belloli added that he oversees five departments and that includes the Maintenance Department. Belloli added that Delbert Paquin is the Supervisor of Maintenance and he and his crew have worked on renovating Dr. Largie's campus apartment. Belloli added that the apartment received a new air conditioning unit, security fence and carpeting. Belloli added that the renovation of Dr. Largie's apartment caused a lot of complaints and people were unhappy with that. Belloli added that the President also had an air conditioning unit installed on his campus apartment. Belloli added that the HR Director Evelyn Meadows also _received an air conditioner and installed on her campus apartment.

Belloli added that he has been working seven years for Dine College at a salary of $84,000 per year and it was until recently after the fiscal year he received a raise. Belloli added that the President also wanted to provide free housing to Vice President Largie, give her a car, pay for her utilities but he advised that it could not be done. Belloli added that the President offered Dr. Elvira Largie $90,000 as a starting salary and if she successfully completes her probationary period her salary would then be increased to $95,000 per year.

Belloli added that the President kept calling the Human Resource and he wanted to know how soon Dr. Elvira Largie was coming to work. Belloli added that Dr. Largie was making approximately $90,000 at the time when she decided to come to Dine College. The other concern that Belloli had was the bonus payment made by the President. Belloli added that the Personnel Policies and Procedures Manual did not have provision for bonus payment to employees. Belloli added that the President apparently promised his executive secretary, Tina James-Tafoya, that he would give her a bonus. Belloli added that the President also recommended him for a bonus payment that he declined. Belloli added that the President sometimes later asked him if he received his bonus payment but told him that he declined the bonus payment and when he heard he appeared shocked. Belloli added that there were a lot of other employees more deserving of bonuses because they work extremely hard for their money and it was wrong to accept the money.

Belloli added that another concern he had was that it took a long time for Dr. Largie to sign her housing contract with Dine College. Belloli added that he strongly suspect that it was because the President had promised Dr. Elvira Largie free housing.

In the summer of2002, Belloli added that Dine College purchased airline tickets for $52,000 for some high school students participating in an upward bound program but many of them left the program and the college got stuck with the airline tickets. Belloli

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added that the College ended up absorbing the cost and the Vice President of Student Affairs ended up resigning. Belloli added that Finance apparently did not verify whether they had funds available at the time when those airline tickets were purchased.

Belloli added that since the incident he has been emphasizing that there must be an account number, approval and documentation before ma!Qng any purchase and that is to prevent committing the school to similar situations that took place in Summer 2002. Belloli added that he was on vacation when the airline tickets were purchased in Fall of 2009 withouF proper approval. Belloli added that he was getting calls from Jolene Wheeler and the President during his vacation.

Belloli added that the President said to him that your people are impeding our going on a trip. Belloli stated that he reminded the President ofthe Summer of2002 incident and that they must abide by policies and procedures ot~erwise they might get stuck with eating more College funds. Belloli added that the President just hung up the phone on him and that there was no discussion.

Belloli added that another concern he had was how Vice President Largie treated one of the Finance Department staff. Belloli added that Vice President Largie belittled Herman Tsosie as she was trying to get him to purchase airline tickets contrary to the Dine College Policies and Procedures. Belloli added that if it was him treating a Navajo staff the way Vice Pre~ident Largie has done, the President would have been on him telling him he was wropg but it is okay for a Navajo to belittle another Navajo. Belloli added that because of the President Clark stopped talking to him.

In November 200~, Belloli added that at the Board of Regents meeting the President introduced a Resolution to give a contract to Vice President Largie without his knowledge. Belloli added this is because the President had stopped talking to him. Belloli added that he decided to stop in Flagstaff at the Board meeting to say good-bye to the Board members while he was leaving for his vaca~ion. Belloli had his car was packed and was on his way do~. to San Diego, California. Belloli added that he had found Vice President Largie and the Student Government representative in attendance at the Board meeting. Belloli added th.at he learned that the Board of Regents was voting on Vice President Largie's contract so the Board asked if they h~d a legal quorum. Belloli added that the question was whether the Vice President of the ,Student Government could legally serve on the Board and vote and if she can act by proxy for the Student Body President.

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Belloli added tl;lat there is a lot of animosity against the Board of Regents by the President. Belloli added t.hat Policy does not allow for proxy so he told the Board that the meeting was not legal. Belloli stated that the President later told him that he had gone behind his back and told the board that it was an illegal meeting. Belloli added that the President knew about the proxy that it could not be given and that the Board of Regents had no quorum but still t~e President let it happen.

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In January 2010, Belloli added that the President said, "You rat on me out to the Board but you were just doing your job." Belloli added that the President also told him the Board was pissed at him for what happened in the November meeting and that their meeting was negated. Then in February, Belloli added that is when he was having dinner with Clinton Jim in Chinle and he asked him if he knew about the Board being pissed at him but Clinton Jim had no knowledge. Belloli added that Clinton Jim just looked at him and acknowledged that he didn't know anything about the Board being pissed at him.

Belloli added that the President does not adhere to vehicle usage policy because he authorized Vice President Largie to take the College vehicle to her home despite the policy requirement tha.t the vehicles must be secured at night. In January 2010, Belloli added that Board of Regents also had a Resolution to consider for the purposes of amending the Personnel Policies and Procedures to change the driving offenses portion. Belloli stated that the President was nice to him but when the Board did not act on the recommended amendments the President got obnoxious with HR Director Evelyn Meadows. Belloli added that the President stated to him that Evelyn Meadows was being insubordinate. Belloli added that the President was trying to change the Personnel Policies and Procedures Manual because of his close buddy, Clifford John, was unwilling to discipline his employees for getting a traffic violation ticket. Belloli added that Policies and Procedures can be changed but they must go through the proper process and to have appropriate staff in-put.

Belloli believes that some stuff that appeared in the newspaper was written in the President's office with some College students. Belloli also had concerns about the Dine College Housing Committee not enforcing the housing policies because Vice President Largie is allowed to have her son and his family to live there full-time. Belloli added that according to the Policy whoever resides with you must be a dependent on your tax return. Belloli added that nobody has enforced that part of the Housing Policy.

Belloli added that another concern he has is regarding Shelly White who was transferred to another department even though she did not have the credentialing to teach in that department and level. Belloli added that Irvin Morris, Humanities Chair, filed a complaint against Evelyn Meadows relating to that transfer. Belloli contends that Morris waited two months before filing his complaint. Belloli added that Morris contends that he waited because he was afraid of Evelyn Meadows. Belloli added that he had an independent evaluation of Shelly White's credential by submitting the documents to Johnson Bahe, a Navajo with a PhD, and his evaluation stated that White was qualified in the field of English but not Speech, a position Morris transferred her into and teach in that area. Belloli added that the emphasis at Dine College is that if you have a PhD you know everything. Belloli sated that a person with a PhD does not know everything.

Another issue that Belloli had concerns about is the President telling him to get rid of Evelyn Meado~s who is working part-time as the Human Resource Director. Belloli added that Evelyn Meadows is very familiar with the Dine College because she previously served on the Board of Regents before coming to work at the College. Belloli added that Meadows became the HR Director because the College needed to be cleaned

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up before the Higher Learning Commission conducted their site visit. Belloli added that the President kept pressuring him to let her go because she did not have a college degree. Belloli added that he toW the President they would lose if the issue goes to Office of Navajo Labor Relation for hearing. Belloli added that he advised the President that if he wants to get rid of Meadows then he must apply the action across the board. In response to the President's constant pressure, he prepared a draft letter for his signature to put in it into effect the requirement of College degrees for the management position but to this day the letter has not gone out.

Belloli believes the reason why the President wants to get rid of Evelyn Meadows is because she operates and abides by the Dine College Personnel Policies and Procedures Manual. Belloli added that the President does not want anyone telling him about policies, what is permitted and what is not. Belloli added that the President wants to do whatever he wishes so he wants Meadows to go. Belloii added that he does not really know the specific reason why his relationship with the President broke down. Belloli added that if there are no Rules then there is no sense in having people being here .

I Belloli added that the President has stated that a lot of students are being evicted

from the dormitory and that he has been reviewing the Student Code of Conduct. Belloli added that if he wants to let students go and do what they wish then he needs to treat every student equally and that he needs to give each student a get out of jail free card. Belloli added that the Residential staff is operating by the Student Code of Conduct and that the policy is working~

Another concern Belloli had was regarding how the President responded to a question that was asked by a Board of Regents member regarding whether or not Vice President Largie completed her ninety-day probationary period. Belloli was befuddled by the President's response. Belloli added that the President replied that Vice President Largie had completed her ninety-day probationary period. Belloli added that the President should have known that Dr. Largie is required to complete a six-month probationary period rather than 90 days as he confirmed. Moreover, Belloli added that the President never completed a three-month evaluation that is specified as a condition of her completing her probationary period but instead the President issued a letter stating that that Vice President Largie successfully completed her probationary period.

Belloli added that he does not know and for what reason the President wants Vice President Largie to be here at Dine College. Belloli added that he does not know the reason why and despite that Vice President Largie does not have background in higher education. Bellilo added that he was also told by the President not to speak with Patterson Joe and Andrew Tah. Belloli also stated that the President asked him who he reports to in front of staff to put him in his place.

We then concluded the interview.

Reply by President Ferlin Clark below:

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128.) What was the salary you offered Dr. Elvira Largie for the Vice President of Academic & Student Affairs position?

Considering for Manly Begay ... making at the time ... 90 thousand and after six months increase to 95 thousand.

129.) Did that exceed the salary for other VPs?

By then we had the realignment ... recommendation from HR and realigned Ron Belloli salary to 95 thousand.

130.) How much?

Ron Belloli was at 85 thousand at the time ... the Board ofRegentsjacked up the salary ... Evelyn Meadows said management ... Board ofRegents made its recommendation ... and Dr. Largie was with 90 thousand at that time ... tried to match that.

131.) Did you consult and get approval from HR to make that offer?

HR made the offer ... the July 7, 2009letter. Dr. Largie said HR came to my office offering me to apcept the position

132.) Why not?

Skipped

133.) What was the value of the benefits you offered her?

Basic benefits ... housing ... tried to make it part of her contract. .. Ron Belloli said to make it a separate cpntract.

134.) The value of the car?

A vehicle was assigned to her

135.) The value ofthe free housing? I

No free housing

136.) The value of home renovation?

31 thousand

137.) The value of office renovations?

Office stays she is not taking it with her

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138.) For what purpose did the Vice-President Largie do extensive travel while still on her probationary period?

Previous answer.

AIHC meeting was critical. .. get to introduce her to other contacts ... got a commitment ... Hawaii delegation ... Obama delegation to invite. them to the graduation ... everything fell through ... 1 0 million ... Title II annual legislation coming through and its my responsibility.

139.) You arrived in Boston on October 10, for the AIHEC conference where did you stay that night?

Flew into Boston and stayed at Charles Hotel in Cambridge

140.) Did you travel with Dr. Elvira Largie to Bretton Woods, New Hampshire on October 11 to attend the AIHEC conference?

Met and drove to New Hampshire ... Desiree Lamotte was traveling with her ... it was snowing there ... Cambridge to Bretton Woods, New Hampshire ... met and drove up

141.) On Oct 13 did you travel with Dr. Largie back to Boston?

Yeah. Traveled back down .. .its 100 hundred miles plus

142.) Where did Dr. Largie stay in Boston on October 13, 2009?

Her brother lives there ... he came

Name, ph & place of work?

Lee Bitsoi. .. graduate from Harvard as well ... don't know where he works ... don't have his phone number.:. you can ask Dr. Largie

143.) Did you given any of the other Vice Presidents Salary increases?

Curtis Ray Benally ... he didn't get an increase ... he is at 75 thousand ... Ron Belloli's salary was increased to 95 thousand.

Curtis was not recommended by HR ... Curtis does not have the same level of responsibility as the other VPs

Everybody was making more money ... that drove up the salary ... was not institutionjust academic ... just VP ... to become competitive. Evelyn is close to Ron Belloli that is why she recommended it.

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144.) Who?

145.) When did you make that salary increase?

October 2009 ... that changed at the start of the Fiscal year

146.) How much was that increase?

1 0 thousand dollar raise for Ron Belloli

14 7.) How long has that Vice President worked for DC?

Ron Belloli has been here about 7 years

148.) In August of2009, why did you stop treating certain people with K'e?

Evelyn ... her treatment changed towards me in October 2009 ... her and Janel Hinrichsen. Evelyn Meadows wanted to hire Janel Hinrichsen as the Academic Dean but Dr. Tim Begay was appointed to the position ... because ofthis work with Evelyn Meadows has changed ... created a similar situation with Tommy Lewis.

Faculty upset because of credentialing ... Evelyn and Dr. Largie met and Evelyn cried ... said what are you doing ... staffis upset with Evelyn Meadows and Janel Hinrichsen for the realignment. Evelyn Meadows and Janel Hinrichsen wanted to get rid of Priscilla Weaver ... she does not like me personally. Priscilla Weaver lost her parents ... know Priscilla Weaver.

Tired of fighting with them. Evelyn Meadows does not have a degree ... school was broken ... rebuilding ... shared with the board ... will support.

It didn't stop still call her Shi rna. I don't think I stopped treating people with K'e.

149.) Who were you not treating fairly?

Evelyn Meadows didn't treat her unfairly ... didn't seem to see Evelyn Meadows all the time ... we had a Hozhooji ceremony and Evelyn Meadows wanted to wash my hair ... but I wanted my mother ... she was there to wash my hair and I think that rubbed her the wrong way.

I also got after DaWayne Bahe for not telling the truth about students .. .! said not to fire him. And for Curtis Ray Benally ... l don't see much ofhim ... they have their own schedule ... George Joe was a faculty then he became an Administrator but after saying stuff about Jack Jackson .. .it troubled me.

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150.) Why?

151.) In December 2009; why did you tell Ron Belloli not to talk to Patterson Joe anymore?

He needs to come through me because I am the President. .. at the November 2009 Board of Regent meeting ... we were not in the meeting at the same time ... the student board ... Georgeett Cook was there and created a quorum and started the business ... Board leadership .. .if okay than its okay ... he had questions and Patterson Joe told the Board meeting was null & void. Ron Belloli and Evelyn Meadows doesn't trust Dr. Elvira Largie ... since that meeting I lost my trust in Ron Belloli .. .I want him to work through me.

Complaints are going directly to the Board ofRegents ... at Ron Belloli, Evelyn Meadows and Dr. Largie ... these complaints coming that ... Evelyn don't have a college degree ... ! had to think about ... went to Patterson Joe. I gave her an eagle feather ... complaint .. .I need to confirm if Evelyn Meadows had a degree ... Evelyn never applied ... makes 75 thousand per year .. .its pro rated ... works only three days a week as the HR Director. Ron Belloli did that ... she is on the ONLR Commission. Staff coming at me that I am protecting her .

For the chain of command ... beginning not to trust ;Ron Belloli on personnel matters involving his subordinate, HR Director. \

152.) Last week, April6, why did you tell Ron Belloli not to speak with Andrew Tah?

Chain ofCommand ... don't trust Ron Belloli

153.) On Tuesday, Apri16, when you returned to DC campus why did you call Ron Belloli into a room where Robert Yazzie, Dr. Elvira Largie, Tina James-Tafoya and you were in and in front of the group asked Ron who he reports to?

He said your not the President, he said Ben Barney was the President ... Navajo Labor Commission reinstated me as President ... I therefore questioned him.

154.) What was the intent of your action by asking Ron Belloli who he reports to in front of the group? ·

He was defiant and insubordinate

155.) Was the intent to put Ron Belloli in his place?

He's my VP ... he was questioning the Order .. .it was clarification of the Order ... NLC ruled ... was clarifying the role ... putting him in his place perhaps.

156.) Who else did you meet with?

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Sgt Donald Burbank. Ron Belloli was challenging NLC ... and gave a copy of the NLC Order ... gave him a copy ... I also met with faculty and students ... the Executive Council that evening to update ... status reports

157.) Did you speak with Ben Barney?

Spoke with him on the phone

158.) What did you say to him?

NLC reinstated me as President .. .! am back as President ... return the vehicle ... he was coming from Shiprock and he asked ifhe needed to meet with me ... but told him to give me a list of things that he was working on ... told him that is was okay to give me the list later.

Spent time with Robert Yazzie and other folks. Robert Yazzie gave advise on Labor Relation Order ... talked about what needs to be done ... he is the former Chief Justice. The intention of meeting with the folks was to apologize, make peace and move forward.

159.) Did you meet with the DC students?

They invited me down to speak at the cafeteria ... we eat together.

160.) What did you say to them?

That it was good to be back ... told them its about you ... its about the students ... that I appreciate ... thank them ... thanked the cafeteria stafffor preparing a good meal ... than met with executive staff.

When will the report will be ready?

(35.) Elvira Largie

On April6, 2010, I interviewed Dr. Elvira Bitsoi-Largie, "Largie", at Dine College, Tsaile, Arizona. Largie stated that she spoke with her attorney and she was told to proceed with the interview. After Largie finishing with introduction, she stated that she had complaints against Ron Belloli, ("Belloli"), and the Human Resource Director, Evelyn Meadows ("Meadows").

Largie stated that she graduated High School from Tohatchi, New Mexico. Largie added that she has a Bachelor and Master Degrees from University of New Mexico and her Doctorate in Educational Leadership from the University of Arizona. Largie added that she has post Doctorate work at Teachers College at Columbia University. Largie added that prior to her current position she was an Associate

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Superintendent for Chinle School District. Largie added that she also worked as an Executive Director for Navajo Education Technology Consortium, worked as Bilingual Specialist for Gallup County School District. Largie added that she has five children.

Largie added that she currently oversees eight departments that include Pre­College, Dean of Academic, Athletic Program, three Regional Centers, the Student Services and supervise two administrative assistants.

Largie stated that the Finance Department was not under her oversight but has gone to see Herman Tsosie ("Tsosie") while she was delegated as the Acting President. Largie added that she had gone to see Tsosie so that he could purchase airline tickets. Largie added that the trip was all coordinated but the purchase was put on hold in the Personnel Department. Largie added that she was new to the program when she was attempting to have airline tickets purchased in September of 2009. Largie added that she was not familiar with the system. Largie added that she called Ron Belloli and the President flbout problems she was encountering with having airline tickets purchased. Largie added that the President told her that she was acting President and had the authority to get the airline tickets purchased. Largie also"stated that she didn't want to be perceived as not being able to handle the situation .

Largie added that the airline tickets were for a trip to Columbia University and that the Board of Regents was informed of the fellowship. Largie added that the travel authorizations or the forms for the trip didn't say that it needed the personnel department's approval that she had a conflict-with.

Largie added that when she spoke with Herman Tsosie, she was nice and not real bossy or confrontational. Largie stated that she was concerned about the airline ticket going up by $200.00 each by delaying. Largie added that there was support for attending the Teacher College Fellowship and that there were funds available in Title III Grant account. Largie added that the Teacher College Fellowship was beneficial to the staff and people were selected for the program.

Largie then added how Evelyn Meadows wanted her to come to work for Dine College right away. Largie added that when she accepted the Vice President of Academic & Student Affairs position, she inherited a lot of problems and some people were let go by the time she arrived. Largie added that she learned that the Deans had poor work performance. Largie added that when she first came to work for Dine College, Evelyn Meadows told her not to listen to rumors circulated by staff but she wanted to build her own team.

Largie added that Dr. Manly Begay, ("Begay"), was initially selected for the vacant Vice President position but Evelyn Meadows didn't want him so she gave him a difficult time when they were negotiating. Largie added that the negotiation fell through and Begay ended declining the job offer .

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Largie added that Evelyn Meadows is a bully and she discriminated against Begay. Largie added that Evelyn Meadows thought that she could sway Begay but she knows that Begay is upfront and cannot be pushed around so he didn't accept the Vice President position.

Largie added that she lived in a double-wide mobile home provided by her employer in Chinle. When Largie came to inspect the College housing she found the unit reserved for her in poor condition. She said, "I didn't want it." Largie added that she felt that· Dine College wasn't for her and she was also offended because she was not the college's first choice for the Vice President position. Largie added that she was told that her position was a 24/7 job that required her to reside on the college campus. Largie added that her apartment needed the wall repaired and carpeting.

Largie added that the unit required a lot of upgrading and she wouldn't move in. Largie stated that she also knew there were a lot of break-ins and she felt that she was not secure or safe. Largie added that in Chinle she was provided fencing around her premise. Largie added that she thought that she negotiated well but was not sure anymore. Largie added that she has a grandson living with her and she needed carpet for him.

Largie added that the HR Director Evelyn Meadows started to come around to her place of employment in June or July and she still had a contract with Chinle School District. Largie purports that Evelyn Meadows became irritated with her because she wouldn't accept the Vice President position right away. Largie added that she spoke with the President to complain about Evelyn Meadows' pressuring her but he had left the hiring to her and he told her that it was up to her to take the position or not. ·

Largie again spoke about the airline tickets for the Columbia University trip. Largie added that Marie Etsitty of the Title III office was also pressuripg her because Etsitty didn't want the cost ofthe.tickets to go up. In addition, the travel agent couldn't guarantee the tickets price from increasing. Largie added that Ron Belloli was on leave and not on campus. Largie added that they had the travel authorizations and had the purchase requisition signed. Largie added that the Leadership Development Program was for professional development that cover topics like law, how to write policies and make changes. Largie added that the Teacher's program was not for K-12 grade but it was developed for higher education. Largie added that the staff had professional presentations and have had two trips. Largie added that staff also attended a strategy planning session and took a tour of the Gettysbury battle field/cemetery. Largie added that the purpose of the Leadership Development Program was to motivate the employees and to move forward after the realignment. Largie added that she didn't select the participants of the program. Largie said, "To grow our own people." Largie added that the design was hybrid for the Dine College.

Largie added that the cost for each participant was between $1,500.00 and $2,000.00. Largie believes that the group spent about 15 to 18 thousand dollars for going on the trip. Largie added that A very Denny went with the group to perform a traditional ceremony on-site at Gettysbury. Largie added that people were not forced to participate

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in the traditional cer~mony and Louise Litzin chose to opt out because she was uneasy with visiting the batt~eground and her fear of death sickness.

Largie added that she told the President of hostile working environment especially when he is not around on campus. Largie added that Evelyn Meadows is demanding while she comes to visit her office. Largie added that also wanted to work with Dr. Janel Hinrichson but she was condescending and had prejudicial attitude towards her. Largie added that once Ron Belloli and Hinrichsen came in to see her about an alleged petition circulation by Kathy Travis and they.asked her to do something about it. Largie added that she felt that she was asked to intim~date and harass Kathy Travis but that it wasn't her style. Largie believe that the petition was being circulated at the advise of Board of Regent Fannie Acitty.

Largie then discussed the use of federal Title III grant funds that she believes is for distance learning, professional development and student services. Largkadded that the federal funding 'Yas being used in accordance With the guidelines and that some of the funds are used for faculty to get ~eir degrees. Largie added that there is reasonable accountability and that the funds were not being used and just idling in an account. Largie added that Marie Etcitty is happy that the Title III fund is being used for professional development.

Largie purports that in September 2009, she was approached by Evelyn Meadows to hire Dr. Janel Hinrichsen as the Academic Dean.but sh~ didn't hire her. Largie added that some people approached her. suggesting that she should fire Dr. Janel Hinrichsen. Largie added that after she refused to hire Hinrichsen, Evelyn Meadows stated to her for all she did to bring her to Dine College she was refusing and Meadows became emotional and that scared her. Largie added that Evelyn Meadows appears to be a vindictive person and discriminated against her .

Largie further stated that Evelyn Meadows has only a high school diploma and she disqualified a person with a doctorate degree in Education. Largie added that the person disqualified for Director of Faculty Development position was Dr. Maxine Roanhorse-Dineyazhi. Largie added that Evelyn Meadows was a part-time employee and paid a lot of money. Largie acjded that Dr. Roanhorse-Dineyazhi was offered a salary of 34 thousand per year with a Doctorate degree.

Largie added that the College is in the process of becoming a four-year institution and accreditation requires that the employees are qualified. Largie then stated that Ron Belloli came after her after the President was placed on administrative leave. Largie added that Belloli doesn't know the differ~nce between Native American Church and Navajo traditional ceremonies like the blessing way. She added that Wilson Aronolith had to explain the difference and that the Native American Church use of peyote was federally protected.

Largie then added that Jolene Wheeler's staff(Finance & Business Office)'is not helpful. Largie added that at the President's Executive Council meeting they have an

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open session and sometimes those meeting became intense and sometimes Jolene Wheeler, Controller, attends on behalf of Ron Belloli. Largie added that the Executive Council members are Ron Belloli, Curtis Ray Benally, herself, Robert Yazzie and Cliff John.

Largie added that she received reports from the College students that the Finance & Business Office staff is not friendly and mean. She believes that the staff should be courteous. Largie added Herman Tsosie thought he was threatened and he almost got fired for using his credit card to purchase the a.irline tickets for the Leadership Development. Program participants. Largie added that she was uncomfortable with getting reports that Herman Tsosie was threatened with termination. Largie added she got the report from her Administrative Assistant. Largie added that it wasn't her intention to get Herman Tsosie into any trouble. Largie added that Jolene Wheeler, Controller, was not helpful when she was trying to secure the airline tickets. She added that she was not aggressive and it was not her way of doing things. Largie added that if she was doing something wrong than they should have let her }mow.

Largie added that when she first came to Dine College she proposed to Dr. Janel Hinrichsen to become her mentor. Largie added that Hinrichsen became offended by the suggestion and Hinrichsen resented her because she wanted the Vice President of Academic and Student Affairs job. Largie purports that Hinrichsen then wanted the Academic Dean's position. Largie added that Hinrichsen authored the job description and created of the Academic Dean position. Largie added that Hinrichsen was very aggressive and she is not a respectful person. Largie added that she gave the Academic Dean position to Dr. Tim Begay. Largie added that Hinrichsen might be bi-polar but she wasn't a psychologist to make that determination. Largie added that Hinrichsen is a person who would not hesitate to get in your face and that Evelyn Meadows and Ron Belloli acted in the same manner.

When Largie was asked about who brought her the campus apartment key, she replied that a maintenance worker gave her the key. She added that when she first

· arrived at Dine College campus she didn't want to work there and just wanted to leave. Largie added that she asked herself what she was doing at Dine College and didn't want to stay. Largie added that she observed that people were at Dine College because of their jobs and that they didn't have pride and that there was intelligence poverty. She added that the Columbia University Leadership Program was to take them away and to educate them.

Largie added that she had an assigned vehicle when she worked for the Chinle School District. Largie added that she asked the President for a vehicle but he told her that he would work on one for her. Largie believes that Ron Belloli doesn't care for her. She initially got a GSA vehicle. Largie added that she was told that they would need to go to the Board of Regents' for an approval to get a Dine College vehicle assigned to her. Largie stated that she took the GSA unit to Window Rock, Phoenix, to her home in Tsaile and sometime to her home in Naschitti, New Mexico. Largie added that the President prepared a letter granting her permission to use the vehicle and to take it to her home on

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campus and off campus. Largie added that the letter also states that she must use the vehicle in accordance with the Dine College Policies and Procedures Manual. Largie added that she inherited a used Dine' College vehicle from the President for which she received permission to use and it hadl06,000 miles and that it rattled and had no heat.

Largie also stated that when she first came to Dine College, HR Director Evelyn Meadows gave her a tour of the Ned A. Hatathli building. Largie added that she was told that her office would be on the sixth floor that she found to be very small. Largie added that Meadows told her that she was ma.King plans to moved into the second floor where her office is now located and as for Hinrichsen she was going to move into the third floor when she became the Academic Dean. Largie added that that things weren't transparent like what the President talks about. Largie added that the third floor's heating system is inadequate during the cold months so it is being workea on but is not complete.

Largie added that her office on the second floor is small and kind of old. She also wanted new furniture so her assistant, Terri LaMotte, order new furniture because they had plenty of money in her office budget for such procurement. Largie added that there has been no renovation on the second floor. Largie contends that the school has sufficient funds so she didn't understand why the dormitory is without adequate heating and she doesn't understand why it is difficult to use the money to make the needed renovations.

Largie added that she had no intention of moving into her assigned apartment if it wasn't cleaned up. Largie added that the school maintenance crew built her a carport but it collapsed under the weight of the snow and damaged her car. Largie added that her husband had expressed concern about the workmanship but she had dismissed it. Largie added that she wanted something nice. She added that there should be customer service. Largie then said, "Jolene Wheeler was rude and mean."

Largie added that her campus apartment came with a washer and dryer and she had her own but they were still in Chinle. Largie stated that Chiri1e School District was going to let her stay in the doublewide trailer but she was told that she must stay on Dine' College campus. Largie added that she is ready to go back to Chinle and that it was tempting.

Largie added that she also received reports from the librarian staff that the Librarian Andrea Winship was discarding old reading materials. Largie added that the President told her to take care of it. Largie added that she h~arned th'at some old tribal newspaper were discarded and later discovered ih the trash bin. Largie stated that the discarded items were archive materials. Largie added that the Librarian explanation for discarding the materials is that she was instructed by Dr. Janel Hinrichsen to clean up the library and throw out some old stuff. Largie added that she learned that when she inquired who gave the directive to discard the materials.

Largie then denied ever saying to Librarian Winship if she was buying Navajo witchcraft books for the library. Largie added that Librarian Winship has stated that

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there was witchcraft going on that she found silly especially for a white person to say. Largie added that she learned that the Librarian required a staff of hers while the employee was on oxygen to come in to work and sign her timesheet or if she doesn't sign the timesheet at the jobsite she wouldn't get paid. Largie added that she finds such demand as unreasonable for a supervisor to treat an employee.

Largie then spoke about two dormitory students facing eviction who came to see her for an opportunity to be heard. Largie added that the students had good grades and she also consulted an attorney about the expulsions. Largie added that she never overturned any expulsion decisions or acterl: that is contrary to the Dormitory Aide's recommendation. Largie added that she learned that on first offense students are expell~d on questionable charges into the stormy night. Largie added that Dine College is located in a remote location and there are no other housing for those students forced to leave. Largie added that often there is no one to pick up the student when they are evicted or provided counseling and that some students come from a domestic violent environment. Largie added that the Student Service Staff is closed minded and very quick to get rid of the student.s. There is no on the spot eviction but there is an appeal process available to students under the Student Code of Conduct.

Largie added that one of the two students recommended for an eviction had a military background and ne€!ded help. She added that she tried to look for counseling for the individual without success. As for the other student, Largie believed the student was related to one of the Directors or staff at Dine College. This student ended up getting another chance while the other student was evicted. Largie added that there is no intervention such as for substance abuse counseling or other type of counseling for the students. Largie added that due to these questionable evictions by the Director of Student Services, Priscilla Leonard, the students tried to stage a walk out.

Largie also added that she tried to work with the college Registrar, Louise Litzin, but found her to be incompetent. Largie added that Litzin doesn't have a Bachelor's degree. Largie added that Dr. Tim Begay supervises Litzin but she doesn't want to report to them and prefers to work with Hinrichsen. Largie added that she suspects that Hinrichsen is helping Litzin Writing the documents and reports because she believes Litzin is incapable of writing a report. Largie added that she also suspect that Litzin gets a lot of her direction from Hinrichsen. Largie added that she told Litzin to put her requests in writing to her but she has yet to receive a written request from her.

Largie further stated that the Office of the Registrar often close their office door and they don't provide the necessary services to the students. Largie added that she has a door closed on her by one of the workers who didn't recognize her. Largie added that the staff may be tired of their jobs. To remedy the lack of services, Largie stated that she is considering creating a position to oversee the Registrar' office to insure that services are rendered to the students. Largie added that students are asked to pay for the application fees of$20.00 dollars but in most cases they don't have the funds and the students are sometimes asking to have the fees waived. Largie added that the President has waived fees for the students and she has paid the fees using her own personal funds.

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I then asked Largie about the status of Dr. Timothy Begay's'Stewardship as the Dean of Academic Administration that suppose to have ended January 27, 2010. Largie believes that all management positions at Dine College should have degrees and that Dr. Begay qualifies for the position pursuant to the Navajo Preference in Employment Act. She added that despite Dr. Begay's qualification, the HR Director has challenged his qualification for the position. Largie added that the HR Director is not qualified nor have the knowledge to understand the qualification requirement for the Dean's position.

Largie purports that the Janel Hinrichsen and Evelyn Meadows developed the job description for the Dean's position and was therefore tailored for Janel Hinrichsen but Dr. Tim Begay qualifies for the position. Largie added that Evelyn Meadows' position is that Dr. Begay maybe appointed in the capacity of Stewartship and for no longer than three months because he doesn't qualify for the Dean of Academic position. Largie added there has been no independent evaluation to determine whether Dr. Begay qualifies or doesn't for the Dean position .

Largie then discussed a performance evaluation for the Registrar, Louise Litzin, that was recently completed. Largie stated that she along with Dr. Tim Begay sat down with Louise Litzin to do the annual performance evaluation. Largie added that because they split their supervisory responsibility they decided to evaluate Litzin together. Largie stated that they let Litzin prepare a self-study by rating herself and they then prepared their own ratings. Largie added that Litzin gave herself high ratings but she felt that they were not earned but instead gave her an average rating. Largie added that Litzin actually deserved a much lower rating than what they have rated her at. Largie said, "She got a good rating." When Largie was asked if she took time to visit the Registrar's office, she replied that she tried to visit but she didn't.

Largie then spoke about her 90 thousand dollar annual salary that was below the minimum entry level per Comp E. Largie added that she was making more while she was at the Chinle School District and she had housing provided. Largie added that her travels are reviewed and approved by the President. Largie added that she had been to the ~y War College and to Boston as part of her job. Largie added that she has a brother that lives in Boston and she stayed with him while she was in Boston .

Largie added that she had to seek counseling and service of a medicine man and she had days that she didn't want to come in to work. Largie added that she was working okay with the interim President Ben Barney .but she knows that he is close to Evelyn Meadows and Janel Hinrichsen. Largie added that Barney use to travel with Janel Hinrichsen.

Largie added that the grant from the American College Fund is unrestricted and the primary purpose of the money is to preserve the Navajo language and history. Largie stated that the school is developing a curriculum and that people didn't like it.

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0 Largie also stated that because the Human Resource Director kept disqualifying

applicants for positions, the Academic Council wants to change the Personnel Policies and Procedures Manual so that Faculty will have more direct in-put into credentialing rather than the Human Resource Department. Largie added that the Human Resource Director doesn't have a degree and doesn't know what is needed for credentialing and it is difficult to talk to her.

Largie added that she feels that the HR Director doesn't like her. Largie make this conclusion because she purports that Evelyn Meadows has stated to her that she worked closely with the President before she came to Dine College. Largie said, "Did I ruin something between them?" .

Largie added that her son, daughter-in-law and daughter attend school at Dine College. We then took a tour of her office, the sixth floor and the third floor pointing out renovations that needed to be completed.

We then completed the interview.

Common Complaints

Favoritism- President favor certain employees and the favored get to travel to meetings away from the office, funds spent for renovations, job security and access to funding. Favor certain students who are members ofNAC and the favored get President's Scholarship, get into closed classes, transcript processed or get other accommodations while President ignores Polices & Procedures Allegation of ignoring certain staff in private or public, ridiculed or chastise those employees in public. President uses employees to get information and then uses that information against other employees. Board of Regent does not really care- prolonging issue Upper management must provide direction for organization Favor certain students by intervening on their behalf Using students for political purposes Does not follow established policies and procedures Ignores the chain-of-command and goes directly to subordinates by-passing supervisors Direct supervisors to get rid of certain employees Fear of retaliation by President

B. Discussion

Based on the review of available documents, written complaints by certain employees and about 35 in-person interviews, including the President, the concerns of the employees may be summarized to include the following allegations about the President: 1.) Unprofessional and abusive treatment of certain employees; 2) Lack of staff

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supervision; 3) Preferential treatment of certain employees and students selected by the President; 4) The lack of observance or adherence to established policies and procedures; 5) Not following the appropriate "chain of command; and, 6)Use of the Dine' College students for political purposes. Because of these allegations, the employees contend that there is a lack of harmonious working environment that caused interference and interruption of productivity of the Dine' College employees.

Some of the statements made by the employees show that there is harassment, intimidation, bullying, threats of physical harm and hostile intimidating working environment caused by the President contrary to Dine' College's Personnel Policies and Procedures Manual or the guiding principal ofSa'ah Naaghai Bik'eh Hozhoon. The investigation, however, did not indicate an organized effort to purposefully disparage the character and reputation of the President and/or discredit the Dine' College.

Based on the interviews, some of the employees are not reporting concerns to their supervisors in writing because the employees do not believe that their complaint(s) will get resolved and that they fear retaliation by their supervisor or the President. The complaining employees believe that certain supervisors in the administration are protecting the President or that the supervisors' will fail to report up the "Chain of Command" and resolve the employees' complaints.

In addition, based on the information reviewed and interviews, there is reasonable basis that the President harassed and intimidated certain employees violating the Dine' College Personnel Policies and Procedures Manual, (May 17, 2007) and/or compromised Navajo Preference Employment Act, 15 NTC § 604 (B)(9) that states in relevant parts:

(9) All employers shall maintain a safe and clean working environment and provide employment conditions which are free of prejudice, intimidation and harassment. (emphasis added.)

And, also see Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 703 .

. .. it shall be an unlawful employment practice for an employer ... to fail or refuse to hire or to discharge any individual, or otherwise to discrimination against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.

The interviews of several of the employees listed above indicated that they were subjected to the President's unprofessional and abusive conduct, retaliation, threats of physical assault, and intimidation that made them feel extremely uncomfortable in their work environment and created an abusive working environment for them. The interviewees did produce corroborating witnesses and their statements are consistence with the alleged inappropriate conduct and abusive behavior directed at the employees by the President. The alleged conduct of the President is contrary to that expected of a Naat'aani.

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The interviews of several of the employees listed above have indicated that they were subjected to the President's unprofessional and abusive conduct, intimidation and retaliation that caused them to be in fear of losing their employment with Dine' College. Several interviewees expressed fear that by getting interviewed for this investigation they will suffer retaliation and the possibly oflosing their job.

The Controller, Jolene Wheeler, reported that her review of the October 2009 travel authorizations for trips taken by both the President and Vice President Largie to attend the American Indian Higher Education Consortium ("AIHEC") showed irregularities in their travel records. Both were scheduled to travel to the same place at the same time starting on October 10, 2010. Wheeler stated that the records show that the President canceled his room one night for the night of October 10, and that Vice President Largie cancelled her room for the night of October 13. The rooms were reserved by the College at the Charles Hotel in Cambridge, Massachusetts while they were attending AIHEC. Wheeler further stated that there was no records to show where the President stayed on the night of October 1oth.. Wheeler added that there were also no records to show where Vice President Largie stayed on the night of October 13th when she canceled her room reservation for that night. Wheeler provided copies of e-mails from the Charles Hotel showing the cancelations by the President and Vice President Largie. Wheeler also produced copies of the travel authorizations, receipts, reimbursements, and other related documents. When the President was asked where he stayed on the night of October 10, 2010, the President stated that he stayed at the Charles Hotel in Cambridge. When asked where Vice President Largie stayed on the night of October 13, 2010, the President stated at her brother's, Lee Bitsoi.

The Librarian, Andrea P. Winship, reported an inappropriate physical contact or behavior exhibited by the President that is unwanted and she interpreted the behavi<?r as a means of exhibiting control over her person. The College's Grant Director, Amanda McNeill, states that she is not permitted access to Dine' College's grant award information despite the fact that she is the Grants Director. The prohibition interferes and prevents her from performing her duties and responsibility that could jeopardize the College's future funding. When the President was asked about his uncooperativeness in sharing information relating to the grant award-he merely dismissed the seriousness of such behavior stating that he was just teasing.

Furthermore, several employees said that they used to get along with, felt that they could talk to, and work with the President, but his behavior towards them got to be offensive. The President ridiculed and treated them with discontent and disrespect in public. The employees stated that the President is now staying away from certain employees and/or their department because of his discourteous conduct.

In addition, one current employee and another former employee reported that they had a confrontation with the President that almost erupted into a physical fight. At least four other employees reported that they were yelled at inappropriately by the President. These allegations are·serious and not an acceptable behavior of an executive in a business

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environment or an acceptable trait of a Naat'aani. George Joe, Director of Marketing, reported that he h~d two surgeries to save his right eye from a retinal detachment that could have resulted in a serious debilitating consequence if left uncorrected and a physical blow could have compromised the surgical repair. The employee claims that he returned from his first surgery in the Fall of2009. After a series of public and private ridiculing and intimidating references to his physical impairment by the President over his health issue with his eye, he had a confrontation with the President that could have erupted into a physical attack if not for another alert and astute employee defusing the volatile situation. The interviewed witness, Lafrenda Frank, Recruiter, ·stated that the President was the aggressor. In the interviews, there is consistency in the statements that show that there· is intimidation, bullying, and harassment caused by the President.

Moreover, Tanya Gorman-Keith, former Vice-President of Academic and Student Affairs, interviewed alleged that she had a near physical altercation with the President as well. Gorman-Keith reported that the President, after clearing a conference room, yelled in her face while towering over her as she sat and the President dared her to "bring it on" that she interpreted as a challenge to a physical fight with her. Gorman-Keith is a former domestic violence victim. The yelling and calling her out to a physical fight by the President only rekindled the suppressed fears and physical abuse she endured in a prior marriage and the challenge forced -Gorman-Keith to immediately recall the traumatic and profound domestic violence experience that she suffered. She stated during her confrontation with the President, she broke down and sobbed. Gorman-Keith also broke down and "Sobbed again in the interview. We had to take a break before continuing the interview.

When the President was asked about the Gorman-Keith allegation, he simply replied that he wanted to clear the air with the female-employee and to resolve their differences and that the employee left the room after she dried her tears. The President adinitted to saying to the employee to bnng it on to mean what else she wanted to say and that he never got into her face. The Supreme Court has determined that shouting at subordinates by a supervisor constitutes "harassment" and it was grounds for termination of the supervisor. See: Leland Kesoli vs. Anderson Security Agency, No. SC-CV-01-05.

Edward McCombs, Public.Relation, reported that the President yelled at him after he spoke with France'sca when he had said that she would not be at the College forever . The President has been angry with him because he shared what the President said about Francesca Sheikh 1hat she is not going to be at the College forever. McCombs also reported that he witnessed the President yelling at the former Librarian about three years ago. Amanda McNeill also reported that the President yelled at her at the January 2010 Convocation in public while a lot of people were around that she felt was unprofessional. McNeill stated that the President was angry and incomprehensible and that she was also concerned that he displayed irrational behavior.

Another female employee, Pherfillia Mikki Charlie, former Academic Dean, reported that the President yelled at her because she rejected his ulterior motives. She believes the President yelled at her because she never accepted his lunch offers despite

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repeated requests, that she refused to accept his gift and that the President was frustrated with her because she never gave in to his offers to travel with her alone. Charlie believes the break-in was retaliation and to get back at her for not accepting his offer of favors, rejecting his ulterior motives, and to intimidate and to frighten her into acceding to his ulterior motives. Thomas corroborated that Charlie confided in him that the President was following her around and monitored her activities.

In addition, several employees reported that the President has directed them to do things that they believe were in violation of Dine' College Policies and Procedures. For examples, one of the employees alleged that her supervisor, Louise Litzin, the Registrar, was directed by the President to reopen closed classes for students that they later learned were the President's relatives. Lorraine A. Jim, Assistant at the Registrar's office, reported that in the Fall2008 the President used his position to reopen a closed class for his brother, Fitzgerald Clark, and that the President personally tracked down the class instructor and secured the instructor's authorization to reopen and let his brother register for the class. Jim added that the President told them that he was the President and he doesn't need to abide by the policies and procedures.

Jim also reported that the President directed the Registrar's staff to release official transcripts despite the student owing an outstanding debt to the College. The employee stated that these releases of official transcription are only for .certain students that the President knows or the student having ties to his relatives. Jim expressed concern that they are bending the College's own rules for students who know the President. The employee also reported that other administrators were following the President's examples such as extending the registration deadline~ giving overrides for full classes, changing letter grades for certain students ·and that these directives were all done verbally. Jim reported that if they do not comply with the students' requests and stand on the policy then they are accused of not helping the students or failing_ to provide customer services.

Jim also reported that in the Fall of2009 the Vice President of Academic and Student Affairs' son, Alexander Largie, attempted to physically force his way into the Registrar's office late one night after the President allegedly sent him on an errand to retrieve a drop and add slip. When the aggressive behavior of the student was reported to the President he just laughed and told the employee that she didn't need to write it up. The employee prepared her report of the incident but did not'submit it because of her fear. of retaliation from the President or the Vice President of Academic and Student Affairs. The employee doesn't wish to jeopardize her job at the College. Jim believes the Registrar's staff is targeted by the President and Vice President Largie and looking for reasons to terminate their employment at the College. Alexander Largie is one of the students who signed a complaint letter that was published in the Navajo Times on January 21,2010 in support of the President.

Furthermore, several employees reported that the Dine' College's Policies and Procedures are not being observed and eviction proceedings of certain students are overturned or delayed. Specifically, employees are concerned about the President's intervention on behalf of students he knows like Ervin Gonnie, Hershel Clark (the

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President's nephew), and other students active in the Native American Church. Ervin Gonnie is also one of the students who signed a complaint letter that was published in the Navajo Times on January 21, 2010 in support of the President. And, it appears that certain students and employees are doing everything they can to protect and advocate for the retention of the President. For example, Jack Jackson was present at the Government Services Committee meeting on April26, 2010 when the committee passed a resolution removing three Board of Regent members. Jackson also received a $5,000 payment as well as anotP,er $2,500 for a prayer service.

Based on the available information it is apparent that the President has a management style that is direct, abrupt, and abusive. That style is perceived by some employees as being insensitive, abrasive, and at times domineering. That perception of some employees is causing complainants to be fearful each day whether they would be intimidated or harassed by the President. The employees alleged that despite their attempts to seek help from management to prevent further or continued harassment they never received the appropriate protection. Thus, the Dine' College's harassment/hostile work Environment policy could have been compromised, specifically, the complainants' allegation of harassments were dismissed or not responded to by management. Management did not conduct an appropriate investigation to determine whether the complaints had merit.

Specifically, based on the interviews, most of the complaints were verbal and the complainants were often reluctant to file written statements.

Section 300.04. Subject: Harassment. Policy: states in pertinent parts: The College is committed to maintaining a safe and healthy work environment that is free of harassmenf' or discrimination. In keeping with this commitment, the College will not tolerate unlawful hqrassment of our employees by anyone, including any supervisor, co­worker, subordinate or third party. Harassment consists of unwelcome conduct, whether verbal, physical or visual, that is based on a person's race, color, religion, gender, national origin, age disability, or martial status. Harassment tllat affects job benefits, or offensive work environment will not be tolerated

Harassment may include derogatory remarks, epithets, offensive jokes, the display or circulation of offensive printed, visual or electronic materials, or offensive physical actions. Unwelcome sexual advances, requests for sexual favors, or other physical, verbal or visual conduct based on sex constitutes harassment when;

1 . Submission to the conduct is required as a term or condition of employment or is the basis for employment action, or

2 . The conduct unreasonably interferes with an individuals' work performance or creates an intimidating, hostile or offensive workplace. Sexual harassment may include sexual propositions, innuendo, suggestive comments, sexually oriented jokes or teasing, or unwelcome physical contact such as patting, pinching, or brushing against another.

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3 . College employees are responsible for abiding by and upholding this policy.

Moreover, it could be concluded that Personnel Polices and Procedures Manual, Section 900.02, Subject: Non-Violence in the Workplace: may have also been compromised by management. Section 900.02 in relevant parts states: The College provides a safe workplace for all employees. To ensure a safe workplace and to reduce the risk of violence, all employees shall review and understand all provisiorzs of this workplace non-violence policy. Prohibited Conduct: The College does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not exhaustive, provides examples of conduct that is prohibited. 1. Causing physical injury to another person; 2. Making threatening remarks; 3. Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; 4. Intentionally damaging employer property or property of another employee; 5. Possession of a weapon while on College property or while on College business; or 6. Committing acts motivated by, or related to, sexual harassment or domestic violence.

Based on the interviews and written statements by the employees, the results of the interviews support the complainants' allegations of pervasive harassment/hostile work environment for a group of employees but preferential treatment for another group. The alleged harassments are pervasive and severe that it actually altered employees' conditions of employment thus creating an abusive working environment. There is also reasonable suspicion that certain employees and students get favorable treatment from the President, and Jhere is also reasonable belief that the President has knowingly chose not· to observe certain policies and procedures thus created problems and confusions for the employees and that he is not consistently, equally and fairly applying appropriate policies for the other students in general. A Naat 'aanii is an individual with a persuasive role within a community and his word carries a lot of weight so they have to abide by the President's directives. See. John Goldtooth vs. Naa Tsis'aan Community School., No. SC-CV-14-04.

C. Recommendation

1. The employees must be encouraged that they put their complaints in writing and without delay so that the allegation can be investigated to determine its merit. They must be assured that retaliation or any adverse actions will not be tolerated.

2. After reviewing the documents and policies, and after conducting interviews it became apparent that there is no provision in the Dine' College Policies and Procedures Manual, Board of Regents' By-Laws, and other procedures for staff to report the President as well as executive staff for violating or disregarding policies and procedures. Thus, it is my recommendation that the Board of Regents consider adopting polici~s for dealing more specifically with the administration and if necessary imposing administrative and disciplinary actions for policy violation.

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3. There must be assurance that corrective actions and resolution of problems will be undertaken and performed so that the employees can have confidence and no fear in reporting concerns and issues to their supervisors and if necessary the Board of Regents without fear of retaliation, reprisals or inaction. To ensure confidence that the employee's problems will be addressed, it would be appropriate to amend the Dine' College's Personnel Policies and. Procedure Manual to establish such procedures and direction for the employees in submitting their complaints about their supervisor, particularly about those in the upper level management staff, such as the Vice Presidents, and the President.

4. It is recommended that the Board of Regents amend the Dine' College's Personnel Policies and Procedures by creating a compliance officer position or authorizing a current employee whose primary or included responsibility is to collect and review any information, investigate, and present information to the Board of Regents regarding matters related to statutory, regulatory, and policy non-compliance by any supervisor including the President of the College as well as the Vice Presidents. That position or employee would not be subject to termination, discipline, or reduction or denial of benefits or privileges without the written concurrence of the Board of Regents.

5. All Dine' College employees, supervisors and executives should participate in harassment awareness training so that they could be sensitized to what behavior and conduct constitute harassment. Proper training will also help ensure that only meritorious claims are. raised and not mere personal and subjective feelings of discomfort that are not really workplace harassment claims.

6. Based on the interviews and information reviewed there are egregious behaviors by the President reported that cannot be ignored or dismissed. It is my opinion that based on the reported hostile and intimidating behaviors and physical threats by the President towards a select group of employees it is reasonable to consider termination, and then again it is the Board of Regents' final decision whether to accept or dismiss this recommendation. If the Board of Regents decides that the President continue employment then it is also strongly recommended that the President be required as a condition of his continued employment that he participates in the following training or other similarly related educational programs .

a.

b.

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Training on dealing with and treating all people with respect, courtesy, conscientiousness, understanding, thoughtfulness, dignity, and compassion.

Anger management classes. Particularly, not approaching others in a belligerent hostile manner.

Navajo traditional classes on becoming culturally sensitive, respecting racial diversity, recognizing the clan system, understanding when teasing

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is not appropriate, the duties and responsibilities of a Naat'aani, and the principal of K' e'.

d. Training on respecting other peoples' religious tenets and religious practices.

e. Training on complying with the policies of the College, federal, tribal, state and local laws.

7. In the interview with the Pre~ident, he never admitted that he had an abusive management style and that he needs to tone down his management style. The President's focus on being disrespectful, discourteous, insulting employees' dignity, and aggressive confrontational behavior against certain employees merits serious consideration. His aggressive behaviors of yelling, intimidations and physical threats have almost escalated into physical attacks on several occasions merit serious consideration.

8. Moreover, the present and former employees state that the President by-passes their supervisory roles and goes directly to the subordinates and delegates them responsibility without consultation with the supervisors. That shows disrespect for the employees. The President's actions created havoc, resentment, disrupts services, ignored policies and procedures, and caused confusion.

9. It is also reasonable to state that the President hires certain females who are not qualified, fails to properly train subordinates, directs various supervisors to fire or "get rid" of certain employees and gives favorable treatment to certain select employees and students. Moreover, the employees have expressed concern about the President uses of students for political purposes and a staff has influenced the Navajo Nation Committees to remove several members of the Board of Regents.

10. Further, at least one former female employee reported suspicious and inappropriate conduct by the President toward her. Her report was corroborated by another employee. The former female employee reported that the College President often called and interrupted her for matters that were insignificant, unrelated to her duties, closely monitored her activities, frequently asked to have private lunch, gave her an expensive· gift that she returned, and asked to her take to trips away from school with him (the President).

11. Another employee has stated that she is being denied access to the College's Grant information despite the fact she is responsible for the reporting of those funds and when the President was asked about the matter he dismissed it by saying "Probably was teasing". That behaviors also warrants serious consideration for these practices are inconsistent with the Dine' College's Personnel Policies and Procedures or the Navajo traditional principle of Sa'ah Naaghai Bi'eh Hozhoon. Another employee stated that there was no written policy or procedure for the scholarship fund used by the

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President. There is no criteria for qualification or disbursement procedures of the scholarship.

12. In addition, are there other motives or real reasons for not consulting with the HR Director for consultation or to solicit in-put into the modification of certain sections of the Personnel Policies and Procedures Manual such as hiring and credentialing of faculty. These are among the marly questions that must be asked of the President.

13. The Board of Regents may take this opportunity to discipline the President for his discourteous and disrespectful management style in order that he realize that he has acted without personal and professional integrity. The President is not getting the message that he needs to change his abrasive, abrupt and callous and disrespectful management style, so the Board of Regents may consider imposing progressive discipline on him in addition to other recommendations stated in this report. The record indicates that he has already received a 10 day suspension. If the President's abrasive, abrupt and callous management style continues, the management can always take a more progressive disciplinary action, including increasing the number of days of suspension or termination if matters do not improve.

11. Finally, a large majority of the problems at Dine' College appear to arise from a lack of or poor people management skills by the President. The management may consider requiring the Executive staff, including the President, to also submit either a monthly or quarterly report on what specific actions they have taken to improve basic human relations and staff development with all Dine' College employees. The report can be either in writing or presented orally.

D. Conclusion

There is no evidence or indication that there was an organized effort to purposefully disparage the character and reputation of the President and/or discredit the Dine' College. Several of the employees made statement not related to the workplace harassment allegations but about the operations, change in operational structure, and complaints about interpersonal relationship with the President and management.

It could be concluded that there is reasonable basis to conclude that Perlin Clark, President, did engage in an intentional harassment/hostile work environment of certain employees within the definition of the Dine' College's personnel policies and procedures or within the confines of a reasonable person's objective interpretation. The President however did not admit that he has an abrasive and curt management style and needs to tone it down. Yet, based on the detailed and specific statements of numerous employees, his behavior does rise to the level that constitutes harassment based on the reasonable person standard and the Dine' College personnel policy. It could also be concluded that favorable treatment of certain people whether staff or students. It is also reasonable to

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conclude that the President has circumvented policies and procedures for those students and employees whom he is familiar with or are related to him.

That conclusion requires serious consideration of the recommendations stated above and if the President is to continue working at Dine' College then he must be made aware that he is working among the Navajo and Non-Navajo people and that he must respect the employees as a Natanni and in line with the Navajo custom, traditions, practices, etiquettes and Ke' principle.

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