A tenured or non-tenured faculty member or employee may be removed for cause as provided by KRS 164.360 (see below). Termination of appointment for adequate cause shall be related to the behavior and performance of the faculty in his/her professional capacity. This refers to such matters as unethical and immoral conduct, incompetence, failure to perform reasonable assignments, or for neglect of duty. Appeals of termination of tenured faculty for adequate cause shall be made in accordance with University grievance procedures.
"Each Board may remove the President of the University or College, and upon the recommendation of the President may remove any faculty member or employee, but no president or faculty member shall be removed except for incompetence, neglect of or refusal to perform his duty, or for immoral conduct. A president or faculty member shall not be removed until after ten (10) day's 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 Chairman 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 presence."
Termination of tenured appointments may occur because of bona fide formal discontinuance of a program or unit of instruction. The following standards and procedures shall apply:
Before sending termination notices to tenured faculty because of the formal discontinuance of a program or unit of instruction, the institution shall make every effort to place the faculty concerned in other suitable positions if available. If no positions are available within the institution, the faculty appointment then may be terminated and the faculty concerned will be given a year's notice or equivalent severance salary in lieu thereof at the discretion of the University.
Neither the merging of two or more basic academic units, nor the splitting of existing basic academic units, shall be construed as discontinuance of a program. If a basic academic unit is merged with another academic unit or reorganized into a new unit, the tenured faculty in that unit shall not lose their tenured appointments.
Faculty leaving the employment of the University for any reason must complete check out procedures, including use of the Faculty/Staff checkout List (form 63-11).
2-34