UKYOnline

Faculty Colleagues,

 

On Sept. 20, the Franklin Circuit Court rendered a summary judgment against UK, in favor of the untenured, terminated faculty member (case decision attached here).

 

In brief, the UK regulations at the time required that the University provide a written dean’s notice a year in advance before an untenured faculty member can be terminated.  This is a separate document from the ‘terminal reappointment form.’ For certain title series, such as Clinical Title Series, the President and UK Legal Office had in more recent years taken a different practice, under the same worded regulation, wherein they contended that the faculty member could be maintained year after year after year signing annual terminal reappointment forms, and then be abruptly terminated without a dean’s letter providing a year of notice. In Oleva Mullins’ case the dean’s letter provided only two month’s notice.

 

Oleva took her case to a University Senate committee (Sept. 2022), that was created and charged by the University Senate Rules.  That University Senate committee unanimously recommended to the President in Oleva’s favor. President Capilouto rejected the University Senate committee’s recommendation (attached here).

 

Oleva took her case to court, wherein the judge has just rendered his decision that having an untenured faculty member sign a terminal reappointment form year after year after year (‘perpetual terminal reappointment’) does not provide the faculty member with one year of notice of the actual termination.

 

“Accordingly, Plaintiff’s Motion for Declaratory Judgment is hereby GRANTED, and the Plaintiff is entitled to summary judgment on that the University breached its contract with her.” (from case decision) 

 

I take a moment here to note that it appears that the University Senate committee gave President Capilouto some good advice, which he did not adopt.  In fact, two years later (this past June) the President and Board abolished the University Senate and its Senate Rules that created, charged and controlled the procedures for this committee in such faculty appeals.   This week, President Capilouto announced his creation of a committee (only one of its ten members being a rank and file faculty) to revise the University faculty affairs regulations, including on faculty termination appeals.

 

UK may appeal the judge’s decision.  I will keep you updated.

 

Davy