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Michael J. Miller - Tries to Distance Capella from Shawn Ambrose

...or was that "Michael Murphy" who did that?

One of the disgusting things about the current lawsuit against Capella University concerns the shoddy workmanship of Capella's attorneys (Sir Chrisy the Sissy L'Orange and Capella Stella Fey Epling) from Drinker Biddle. While these two clowns seem to enjoy throwing entire rainforests of meaningless paper at the court that is often: late, not completed according the court's rules, filled with incredible nonsense (Vickie Cook's declaration is a prime example), poorly written briefs, etc., etc., they're also filled with incredibly stupid errors! A couple of these are found on Michael J. Miller's declaration (refer to the .pdf version) ; including (but certainly not limited to):

• Someone else's name (Michael Murphy) appears at the bottom of each page! Of course, even Capella Stella Fey Epling submitted one of her declarations with someone else's name (Tom Ivory) at the bottom of it too! Perhaps there's an epidemic of multiple personality disorder raging through Capella's ranks!
• There are no page numbers (gosh, how nice).
• As with nearly all of the declarations that Capella Stella and Sir Chrisy the Sissy L'Orange have submitted to the court, these were not signed properly (more on that matter later).

The following contains the complete text of the declaration that Michael Miller submitted on behalf of his employer, Capella University. Interestingly, Kurt Linberg, the Feeble Dean of Capella's "School of Business and School of Technology" who has already demonstrated his inability to tell the truth, was too much of a sniveling coward to write a declaration of his own. As with all spineless lily-livered weaklings, Linberg let his underlings, such as Michael Miller, do his dirty-work. The only thing we've added are comments and links to appropriate sources to demonstrate the truth, comment on important issues, provide some enlightening remarks <smile>, or to substantiate lies.

In addition to the text version provided below, we've provided a copy of Michael J. Miller's official declaration (requires Adobe Acrobat Reader)!

1. I am the Faculty Director, for Capella University's (Capella) School of Undergraduate Studies business program, and I am located in Minneapolis, Minnesota. I assumed this position in September 2004. I joined Capella during 2002 as a full-time faculty member. I am primarily responsible for the quality and scheduling of the courses offered by Capella in the School of Undergraduate Studies business program, as well as maintaining the quality of our faculty, and monitoring their ongoing training.
2. I make this declaration in support of Capella University's Reply Brief in Support of Opposition to Plaintiff's Motion to Strike. This declaration is based on my personal knowledge, and if called as a witness, I would and could testify competently thereto.
3. Capella's faculty consists of full time and adjunct instructors. In order to teach on either a full time [sic] or adjunct basis at Capella, perspective faculty must complete a number of Capella-administered training courses. Perspective [sic] instructors attend these classes at their own expense.

4. Adjunct faculty members are independent contractors who are engaged in teaching a particular course. Each adjunct faculty member signs an Independent Contractor Agreement as well as a Teaching Assignment Letter. Their pay amounts are set forth in the Teaching Assignment Letter, and they are paid one-half of the total sum in the middle of the quarter, and the balance after the course concludes.

5. Capella provides no workers compensation, health or retirement benefits (401(k)) or any other form of retirement plan for adjunct faculty.

6. Those retained as adjunct instructors have no mail box at Capella, nor do they receive mail at that address. Further, they are provided wide no business cards, are not required to attend regular faculty meetings, and are not eligible to be part of any standing committee administered by Capella. They are not required to participate in any Capella-sponsored activities, nor do they have access to the Capella employee intranet.

7. At the time I assumed my duties as Faculty Director in September 2004, I commenced an ongoing dialogue with Shawn Ambrose (Ambrose) regarding his potential engagement, in the future, as an adjunct faculty member. At the time, Ambrose was deployed in Iraq, but returned to the United States in 2005. Commencing on or about May 2005, Ambrose and I would discuss a possible teaching position at roughly three month intervals.

8. As a result of our discussions, in early January 2006, Ambrose commenced teaching Business 3050, a core course in Business Communication. This engagement constitutes the first time he has ever taught for Capella in any capacity. As an independent contractor, his courses are closely monitored on a weekly basis.

9. At the time I offered Ambrose a contract to teach one section of Business 3050, I had no idea there was any connection between this lawsuit and Ambrose's involvement with certain postings on the internet. It was not until January 17, 2006 that I received my first inquiry from Capella's counsel regarding Ambrose's status as an independent contractor.

10. Other than official dealings with students in the ongoing instructional process, no adjunct faculty member can make statements or undertake actions which will bind Capella. In making his various posts on the internet, Ambrose was, at no time, acting on behalf of Capella as its agent or as an official representative of Capella.
11. At no time have I, or to the best of my knowledge anyone else at Capella, ever requested Ambrose to make any postings on the internet in defense of Capella or in response to messages posted by , plaintiff herein.
12. At no time have I, or to the best of my knowledge anyone else at Capella, ever requested Ambrose to represent Capella's interest in any fashion with respect to the current lawsuit.
13. At no time has Ambrose ever requested that I, or to the best of my knowledge anyone else at Capella, review any of his posts, nor has he submitted any of his material for approval prior to his posting it on the internet.
14. None of the posts made by Ambrose at any time have been approved or ratified by me or, to the best of my knowledge, anyone else at Capella, nor has Capella endorsed his statements in any way.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 27th day of January 2006, in Minneapolis, Minnesota.