Diné College workers file ONLR complaints

A group of Diné College employees has filed complaints against college President Ferlin Clark with the Office of Navajo Labor Relations.

During a protest along Morgan Drive in Window Rock on Monday, the group held signs that stating that favoritism, a hostile working environment, fear among employees exists at the college and questioning if Ké is still practiced there.

Among the protestors was former employee Francesca Shiekh.

"Diné College has become a place where people fear speaking their minds," she said.

Shiekh was the chief technology officer until she was fired Aug. 20. Her termination happened two days after Evelyn Meadows was terminated as human resources director.

In the termination letter that Shiekh shared with the Times, it stated that she had an unprofessional attitude toward other employees, refused to follow instructions and directives, and created a hostile work environment. It also stated that Shiekh asked employees to sign a petition asking for Clark's removal.

Shiekh denied circulating the petition but knew who was spearheading the movement. She was also puzzled by the termination since she already submitted a letter of resignation Aug. 6. Her last day was supposed to be Sept. 10.

"By firing me three weeks before my resignation is a warning shot to others," Shiekh said.

'Hostile work environment'

Shiekh was one member of the group to file an individual complaint after they tried to submit a class action complaint ONLR. The complaint was refused because it could not represent all the college's employees, Meadows said they were told, and should focus on individual complaints.

The complaints state that Clark created a "hostile work environment" and continues to have a "blatant disregard" for the college's policies and procedures when hiring employees and issuing employee discipline. They also claim that Clark uses preferential treatment and "extreme" retaliatory actions.

The group also alleges:

• Exerts unsubstantiated severe discipline and termination of employees.
• Abuses hiring practices for established and approved full-time positions by hiring personnel on contracts.
• Preferentially treats and favors select employees.
• Refuses to take disciplinary (action) against favored employees for gross misuse of Diné College vehicles.
• Disregards approved credentialing requirements of faculty as posted in the Policies and Procedures Manual and disregards experience requirements as posted on the position requisitions.
• Disregards shared governance.
• Disregards the current organizational chart.

'180' difference

Also at the protest was Kenny Wartz, who served as president of the Association Students of Diné College in 2003-04 and remembers working with Clark on student issues. Wartz now works as a Web support specialist at the college.

"He's done a complete 180 from the man I knew," Wartz said. "If you disagree with the president even by gesture, you're on his list."

There are other employees who wanted to join the group, he said, but they fear losing their jobs.

"Right now I'm thinking whether or not I'll still have a job in two days or tomorrow," he said, then added it was time to take a stand regardless of the consequences.

Dawayne Bahe, a residence life coordinator, was hired in 2005 after graduating from the college in 2003.

Bahe also served as student president from 2002-03. It was during that time Clark was appointed president.

After Clark took office the campus atmosphere was upbeat and students and staff were excited about the future, he said.

These days Bahe has noticed that employee morale is low, especially with the fear that a person could be fired at anytime and without reason.

"He makes them at times feel like not being at work," Bahe said.

Written on Bahe's sign was "Freedom of speech does not exist at Diné College." He decided to carry the sign because it reflects this freedom being denied to employees and, if the freedom is used, "You're basically a target, you're on the list to be let go."

It was a year ago when Bahe crossed paths with Clark during a presentation about resident life on campus. During that presentation, Bahe said Clark told the audience that it was the first time the dormitories had a waiting list.

Bahe said that information was not true and corrected Clark's error. After the meeting, Bahe said he was called into Clark's office and Clark expressed his dissatisfaction with Bahe's correction.

"He said 'Are you calling me a lair?'" Bahe recalled. "I said, 'No, I'm not calling you a liar.' His attitude has been different toward me since then, there's that negativity."

Both Wartz and Bahe said that a solution to the trouble is to reinstate the college's board of regents.

In April, the Navajo Nation Council's Government Services Committee removed regents Fannie Atcitty, Loretta Draper and Clinton Jim. Since two other regent positions are vacant, that left the board with its ex-officio members - Education Committee chair Andy Ayze, Superintendent of Education Andrew Tah and student body president Georgeett Cook. Without a quorum, the board has not been able to meet since May.

Clark: Diné philosophy

Diné College was founded on the Navajo philosophy of Sa'ah Naaghá&iacute Bik'eh Hózhóón, Clark said in at interview Tuesday at his office in Tsaile.

Clark said that throughout his service as president his focus has been on securing funding for the college and developing the school into a four-year institute.

This spring the college will award its first bachelor's degrees in elementary teacher education to 12 students.

With the focus turning from academic progress to reports that his leadership is causing adverse working conditions, Clark said his attention has been taken away from what matters most - the students.

"I think we're all tired of it," Clark said. "We're in the business of education and I want to get to work."

Clark said he has not seen the petition that was circulating last week and mentioned in the Aug. 19 edition of the Navajo Times and he did not know about the complaints that were filed Monday.

Instead, he expressed disappointment that the group of employees did not approach him first before going to ONLR.

"Out of 200 employees, I'm unable to please everybody," Clark said. "As a president that is not easy to do."

Joining Clark in his office were various members of administrative staff, faculty and students.

Among those was Justin Jones, general counsel for the college, who said there is a grievance process that employees can use and that the employees should have followed this process.

"It is fact that none of these employees have taken advantage of this process," Jones said.

He added that the employees have not produced any evidence to support their claim of Clark creating a "hostile work environment" and they do not want the solution they are seeking to benefit the students but themselves.

"They're not advocating for the students, especially when working at a place that advocates that," Jones said.

Students defend Clark

Students Tanya Ben and Cook spoke highly about the accomplishments Clark has made in advancing the quality of education and his dedication to renovate and build new facilities on campus.

They also said that the employees' focus should be on students not continuing to complain about Clark's leadership.

"I want to see this go away because it affects my studies," Ben said. "It's embarrassing to see that we (students) are not the first priority."

Since Cook is student body president, she said that she hears unhappiness from students about the continuing power struggle.

She even heard some students complain about certain staff members not helping out on Monday, which was the first day of school.

"They should have been here," she said.

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