the faculty member with the longer period of employment would have retention preference. Only in a case where program needs dictate other considerations will a non-tenured faculty or staff member be retained over a tenured person. Such a situation will only be warranted upon a showing that diversity of specialty is necessary to preserve academic accreditation or when application of seniority threatens a viable academic program.

2.8.7.8 University Obligations

In making specific recommendations for termination of individual tenured faculty or staff positions, the President shall take into account the following: If funded vacancies exist, reasonable effort will be made to offer the tenured faculty or staff member another existing position within the institution for which the tenured person is qualified by experience and education.

2.8.7.9 Lay-Off Status

A faculty or staff member whose position has been eliminated or reduced in accordance with the provisions of this policy shall, at the end of the appropriate notice period, be placed on lay-off status, unless the lay-off notice has been rescinded prior to that time. A person on lay-off status shall remain on such status until:

• a.For a probationary faculty, the probationary appointment would have expired under its own terms;
• b.For tenured faculty or staff, the earliest of one of the following occurs: Reappointment to the position or failure to accept such reappointment would terminate the faculty or staff member's employment;
• c.Resignation; or
• d.Failure by the affected faculty or staff member to notify the President not later than December 15 of each year while on lay-off status as to his or her location, employment status, and desire to remain on lay-off status. Failure to prove such notice of desire to remain on lay-off status shall terminate such person's employment.

A person on lay-off status has all of the reemployment rights and also has the following minimal rights: participation in departmental, unit, and institutional activities permitted by departmental and/or unit guidelines; continued use of campus facilities; continued participation in fringe benefit programs which are not dependent on payroll or require University financial contributions.

Financial Exigency Policy Kentucky State University Board of Regents Effective Date: January 23, 2015 (Approved KSU Board of Regents) Page 3 of 4