{"data":{"id":"us-ky/krs-164.360","jurisdiction":"us-ky","citation":"KRS 164.360","heading":"Appointment and removal of president, faculty, and employees --","body":"Performance and productivity evaluations.\n(1) (a) Each board of regents for the universities shall appoint a president, appoint all\nfaculty members and employees, and fix the ir compensation and tenure of\nservice, subject to the provisions of subsections (2) to (6) of this section.\nFaculty member and employee appointment and removal decisions may be\ndelegated to the president in accordance with policy adopted by each board of\nregents.\n(b) The board of regents for the Kentucky Community and Technical College\nSystem shall appoint a president, appoint all faculty members and employees,\nand fix their compensation and tenure of service, subject to the provisions of\nsubsections (2) to  (6) of this section. Faculty member and employee\nappointment and removal decisions may be delegated to the president in\naccordance with policy adopted by the board of regents.\n(2) A person shall not be employed at an institution where his or her relative serves on\nthe board of regents for that institution.\n(3) Each board may remove the president of the university or Kentucky Community\nand Technical College System, and the president may remove any faculty member\nor employee.\n(4) A president or faculty membe r may be removed for cause, which shall include\nincompetency, neglect of or refusal to perform his or her duty, immoral conduct, or\nfailure to meet college or university performance and productivity requirements as\ndetermined in accordance with subsection (5) of this section. A president or faculty\nmember shall not be removed until after thirty (30) days' notice in writing, stating\nthe nature of the charges preferred, and after an opportunity has been given him or\nher to make defense before the board by cou nsel or otherwise and to introduce\ntestimony which shall be heard and determined by the board. Charges against a\npresident shall be preferred by the chairperson of the board upon written\ninformation furnished to him or her, and charges against a faculty me mber shall be\npreferred in writing by the president unless the offense is committed in his or her\npresence.\n(5) (a) President and faculty member performance and productivity shall be\nevaluated at least once every four (4) years using a process approved by each\nboard.\n(b) Any preliminary discussions relating to the evaluation of the president by the\nboard or between the board and the president prior to the final evaluation\nreport shall be conducted in closed session pursuant to KRS 61.810(1)(f).\n(c) The fina l performance and productivity evaluation report on the president\nshall be in writing, discussed and adopted in an open meeting of the board and\nreflected in the minutes, and made available to the public upon request.\n(d) Failure to meet performance and productivity requirements may result in\nremoval of a president or faculty member regardless of status.\n(e) The evaluation process shall be established by each board and provided to all\nfaculty members by January 1, 2026, to become effective July 1, 2026.\n(6) (a) In addition to removal for cause as provided in subsections (4) and (5) of this\nsection, a faculty member may be removed by the board for bona fide\nfinancial reasons, including but not limited to:\n1. Financial exigency;\n2. Low enrollment in a particular program or major; or\n3. Misalignment of revenue and costs in a particular college, department,\nprogram, or major.\n(b) The process by which removal as provided in paragraph (a) of this subsection\nshall be proposed, evalu ated, and decided shall be established by each board\nand provided to all faculty members, with an effective date no later than\nOctober 1, 2026. The process shall require that no faculty member is removed\nuntil after thirty (30) days' notice in writing, sta ting the reason for removal,\nand after an opportunity has been given to the faculty member to respond\nbefore the board by counsel or otherwise and to introduce testimony which\nshall be heard and determined by the board.","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58012","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:15Z","sha256":"d376636bd18529355bb9960a0253df7e2534fe29c380e1632b0c48561deb29cf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.3573","next":"us-ky/krs-164.365"},"notice":"GroundRules: Original legal text. Not legal advice."}