2025 Kentucky Revised Statutes Chapter 164 - State universities and colleges -- regional education -- archaeology 164.360 Appointment and removal of president, faculty, and employees -- Performance and productivity evaluations.
Universal Citation:
KY Rev Stat § 164.360 (2025)
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164.360
Appointment and removal of president, faculty, and employees -Performance and productivity evaluations.
(1)
(2)
(3)
(4)
(5)
(a)
Each board of regents for the universities shall appoint a president, appoint all
faculty members and employees, and fix their compensation and tenure of
service, subject to the provisions of subsections (2) to (5) of this section.
Faculty member and employee appointment and removal decisions may be
delegated to the president in accordance with policy adopted by each board of
regents.
(b) The board of regents for the Kentucky Community and Technical College
System shall appoint a president, appoint all faculty members and employees,
and fix their compensation and tenure of service, subject to the provisions of
subsections (2) to (5) of this section. Faculty member and employee
appointment and removal decisions may be delegated to the president in
accordance with policy adopted by the board of regents.
No person shall be employed at an institution where his or her relative serves on the
board of regents for that institution.
Each board may remove the president of the university or Kentucky Community
and Technical College System, and the president may remove any faculty member
or employee.
No president or faculty member shall be removed except for cause, which shall
include incompetency, neglect of or refusal to perform his or her duty, immoral
conduct, or failure to meet college or university performance and productivity
requirements as determined in accordance with subsection (5) of this section. A
president or faculty member shall not be removed until after thirty (30) days' notice
in writing, stating the nature of the charges preferred, and after an opportunity has
been given him or her to make defense before the board by counsel or otherwise
and to introduce testimony which shall be heard and determined by the board.
Charges against a president shall be preferred by the chairperson of the board upon
written information furnished to him or her, and charges against a faculty member
shall be preferred in writing by the president unless the offense is committed in his
or her presence.
President and faculty member performance and productivity shall be evaluated at
least once every four (4) years using a process approved by each board. Failure to
meet performance and productivity requirements may result in removal of a
president or faculty member regardless of status. The evaluation process shall be
established by each board and provided to all faculty members by January 1, 2026,
to become effective July 1, 2026.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 106, sec. 1, effective June 27, 2025. -- Amended
2005 Ky. Acts ch. 173, Pt. I, K.1.(11), sec. 1, effective March 20, 2005, until July 1,
2006. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 104, effective May 30,
1997. -- Amended 1992 Ky. Acts ch. 10, sec. 14, effective July 1, 1992. -- Amended
1974 Ky. Acts ch. 386, sec. 32. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 4527-44, 4527-46.
Legislative Research Commission Note (7/1/2006). Because of the Governor's partial
veto #9 of 2005 HB 267, the amendment to KRS 164.360 which was made by 2005
Ky. Acts ch. 173, Pt. I, K.1.(11), sec. 1, was only effective until July 1, 2006. The
version that was last amended by 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 104,
and that became effective on May 30, 1997, has been reinstated.
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