disruption our campus may experience, it is clear that the impacts will be both significant and prolonged. All of our formerly reliable sources of revenue – state appropriations, tuition, research grants, auxiliary revenue, and private philanthropy – will almost certainly be adversely affected, even as in the face of any increase in student enrollment.
The only responsible institutional course of action is a comprehensive and strategic review of our operations and finances, and a realignment of the workforce with a reduction in overall personnel.
To achieve this fiduciary mandate, Kentucky State University will implement our only three legally permissible options – a reduction in force, employee realignment, and cessation of duties.
• Reduction in Force
Reduction in force is the permanent termination of employment of an employee or a group of employees for business reasons, including, but not limited to, financial exigency, a lack of sufficient work, reorganization, changes in technology or research needs, or other factors.
• Employee Realignment
Employee realignment is the movement of an employee and her/his position when an organizational change (such as reorganization, transfer of function, or departmental reorganization) occurs, the employee stays in the same agency, and there may or may not be a change in the employee's position, grade, or pay.
• Cessation of Duties
Cessation of duties occurs when an employee is voluntarily or involuntarily terminated, and all job duties related to her/his employment terminate or end.
Each of the above is supported by Commonwealth of Kentucky jurisprudence. Kentucky courts have defined these terms and/or phrases as it relates to colleges and universities. These terms have also been addressed by the Sixth Circuit of Appeals. Additionally, similar language is found in a review of definitions from other Kentucky regional public universities and from multiple United States Office of Personnel Management and Budget guidances. In fact, the phrase, “Cessation of Duties” is used in both federal contractual language and human resources policies.
The long-term sustainability of Kentucky State University has been tested by the current global pandemic, but we are committed to emerging from this crisis stronger than before. Granted the massive disruptions to society, education, business and even our ability freely move around our communities is deeply unsettling, but our campus is committed to advancing our mission and ensuring fiscal health. Our campus is a critical actor in the statewide function of producing the educated citizens needed to advance the Commonwealth, particularly in the areas of healthcare, education, social services, and military preparedness.