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KENTUCKY STATE UNIVERSITY BOARD OF REGENTS QUARTERLY MEETING

Meeting Will be Conducted in Person and by Teleconference ***

Wednesday, October 12, 2022 10:00 a.m. EDT

Board of Regents Room Julian M. Carroll Academic Services Building, 2nd Floor Frankfort, Kentucky 40601

Zoom Link: https://kysu.zoom.us/j/92498804791 Webinar ID: 924 9880 4791 One Tap Mobile: US: +16469313860,,92498804791# or +13017158592,,92498804791#

AGENDA

1. Call to Order Dr. Gerald Patton Board Chair
2. Appointment of Board Secretary Chair Patton
3. Roll Call Chair Patton
4. Approval of Agenda Chair Patton
5. Consent Agenda Chair Patton
6. A.Approval of Minutes From Prior Board Meetings
7. i)July 15, 2022, Quarterly Meeting
7. Information Items (Written Reports)
7. Information Items (Written Reports)
8. ii)September 16, 2022, Special Called Meeting
6. Title IX Training Mr. Brandon Williams Deputy ADA Coordinator and Technical Compliance Analyst, University of Kentucky
7. A.Safeguarding Our Communities From Sexual Predators: What College Presidents and Trustees Should Ask Ms. Lisa Lang General Counsel
8. A.Faculty Senate Update

Dr. Keith McCutchen Faculty Senate President

8. Information Items (University Updates)
9. Information Items (Other)
10. B.Staff Senate Update
11. C.Student Government Update

Mr. Savion Briggs Student Body President

• A.Finance and Administration
• B.Academic Affairs

Dr. Gerald Shields CFO & VP, Finance and Administration Dr. Leroy Hamilton Jr. Provost & VP, Academic Affairs

• A.Proposed Management Improvement Plan

Mr. Travis Powell General Counsel & VP, CPE

10. Closed Session
11. A.Pending and Possible Litigation (KRS 61.810(1)(c)) General Counsel Lang and
11. Action Items
12. General Counsel Lang and Mr. Bill Johnson Outside Counsel for KSU
13. A.Approval of Revisions to the Fall 2022 Faculty Evaluation Policy and Process Provost Hamilton
14. B.Approval of Restructuring of the Division of Student Engagement and Campus Life Dr. Bridgett Golman Interim VP, Student Engagement and Campus Life
15. C.Approval of Competitive Bid Process to Secure the Advisory Services of an Enrollment Management Firm Interim VP Golman
16. D.Approval of 2022 Program for Student Enrollment Support Dr. Daarel Burnette Interim Chief of Staff
17. E.Approval of Internal Auditor Contract Dr. Burnette
18. F.Approval of External Auditor Contract Dr. Burnette
19. G.Approval of Competitive Bid Process to Secure the Services of an Accounting Consulting Firm Dr. Burnette

Dr. Burnette

• H.Approval of Declaration of Emergency Relating to Facilities, Maintenance, and Custodial Services, Pursuant to KRS 45A.095(1)(a) Dr. Burnette
• I.Approval of the Use of USDA Grant Funds to Partially Replace the HVAC System in the Fish Nutrition Laboratory CFO Shields
• J.Approval of Payment of SERVPRO Invoice CFO Shields
• K.Approval of Pending Personnel Actions CFO Shields
• L.Approval of Resolution to Provide Interim President Johnson With Signatory Authority on Fifth Third Bank Account CFO Shields
• M.Endorsement of CPE’s Proposed Management Improvement Plan Chair Patton and Dr. Ronald A. Johnson Interim President

Closing Remarks Chair Patton

Adjournment Chair Patton

CONSENT AGENDA

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS QUARTERLY MEETING

Friday, July 15, 2022 12:00 p.m. EDT

*** Meeting was Conducted in Person and by Teleconference *** Board of Regents Room Julian M. Carroll Academic Services Building, 2nd Floor Frankfort, Kentucky 40601 (Primary Physical Location)

MINUTES *****

I. Call to Order

Regent Patton called the meeting to order at 12:01 p.m.

• II.II. Swearing-In of Student Regent

Elise Borne, Board Secretary and Board Liaison, swore in Mr. Savion Briggs as the new Student Regent.

III. Roll Call

Board Secretary Elise Borne called the roll:

Nine (9) Regents were in attendance; a quorum was therefore established.

Interim President Ronald A. Johnson, Regent Edward Hatchett, and Regent Jason Moseley joined after the roll was called.

IV. Adoption of the Agenda

Regent Patton sought approval of the agenda.

MOTION by Regent Walston:

MOVE THE BOARD TO ADOPT THE AGENDA FOR THE JULY 15, 2022, BOARD MEETING. The motion was seconded by Regent Dukes and passed without dissent.

V. Officer Elections—Chair and Vice Chair Appointment of Board Secretary

Regent Patton recognized General Counsel Lisa Lang and asked her to conduct the elections of officers.

Election of Board Chair

General Counsel Lang called for any nominations for the position of Board Chair.

MOTION by Regent Moyer:

Move the Board to elect Regent Patton as Board Chair. The motion was seconded by Regent Dukes.

A roll call vote was held:

The motion was passed without dissent. Regent Patton was elected Board Chair.

General Counsel Lang congratulated Chair Patton and announced to the Board that Governor Andy Beshear signed an executive order appointing Chair Patton and Regent Ramsey to another term as of July 1, 2022.

Election of Board Vice Chair

MOTION by Regent Fields:

Move the Board to elect Regent Walston for the position of Board Vice Chair.

A roll call vote was held:

Regent Michael Adams: Yes Regent Savion Briggs: Yes Regent Tammi Dukes: Yes

The motion passed without dissent. Regent Walston was elected Board Vice Chair.

General Counsel Lang congratulated Vice Chair Walston.

General Counsel Lang then asked Chair Patton to conduct the proceedings for the appointment of the Board Secretary.

Appointment of Board Secretary

Chair Patton asked for nominations or staff recommendations for the position of Board Secretary.

No candidate was nominated or recommended.

General Counsel Lang asked Interim President Johnson for suggestions regarding the appointment of the Board Chair.

Interim President Johnson noted that, upon approval of the position by the Board, a new Board Liaison would be employed who would then also serve as Board Secretary.

Chair Patton gave his approval for the procedure and then asked for any other questions on the topic, of which there were none.

VI. Ratification of Executive Committee

Chair Patton appointed Regent Moyer and Regent Dukes as members of the Executive Committee, of which he would serve as Chair pursuant to § 9.4 of The Gold Book: Bylaws of the Kentucky State University Board of Regents.

General Counsel Lang noted that the chairs of all other Board committees are to serve as members of the Executive Committee, per § 9.4. Chair Patton acknowledged General Counsel Lang's comment and advised that he sought to ensure that the Executive Committee could meet on short notice. Chair Patton thanked General Counsel Lang for her comment and stated that he would provide an update on a later date.

VII. Presidential Quarterly Report

Chair Patton turned the meeting over to Interim President Johnson, who then presented his quarterly report.

VIII. Critical Areas

A. Approval of Employee Evaluation Policy and Process

Chair Patton then turned the meeting over to Dr. Leroy Hamilton, Jr., Provost and VP of Academic Affairs, and Ms. Candace Raglin, Director of Human Resources.

Provost Hamilton gave a presentation on House Bill 250 and its impact on Academic Affairs and the Faculty Evaluation Policy and Process.

Following his presentation, Provost Hamilton responded to questions from Regent Dukes, Vice Chair Walston, Regent Moyer, and Regent Briggs.

MOTION by Regent Adams:

Move the Board to approve the Employee Evaluation Policy and Process.

The motion was seconded by Regent Moyer and additionally seconded by Vice Chair Walston.

Before a vote was taken, Vice Chair Walston inquired as to whether faculty would be able to review the timetable for the evaluation process and provide comments on it. Provost Hamilton informed that an opening session would occur during the second week of August, at which time he intended to deliver a presentation to returning faculty.

General Counsel Lang noted that Regent Adams' motion would also include the adoption of a new faculty review process and staff review process.

Regent Fields commented that one of the issues with staff evaluations in the past was that they were not tied to merit and then asked whether merit-based staff evaluations have been seriously considered. Interim President Johnson replied that according to the requirements of House Bill 250, there must be a process for determining career paths and a process for determining compensation. He further noted that once it is understood what the ranges, positions, and career paths will be, the University can then examine how to incorporate equity and performance in the compensation plan. He clarified that the presentation only addressed the evaluation plan.

Following a vote, the motion to approve the Employee Evaluation Policy and Process passed without dissent.

B. Approval of Policy on Policies

General Counsel Lang stated that House Bill 250 requires Kentucky State University to ensure that the University undertakes comprehensive cataloguing and review of University policies and procedures. She emphasized that an established process is needed so that University constituents can weigh in on how those policies are to be updated.

Regent Dukes inquired as to whether there were any policy changes within the last year or two years that would need to be addressed. General Counsel Lang replied that such an

investigation into the functionality of existing policies could be initiated upon approval of the Policy on Policies.

MOTION by Regent Fields:

Move the Board to approve the Policy on Policies.

The motion was seconded by Regent Moyer and passed without dissent.

C. Approval of Past and Pending Personnel Actions

Director Raglin requested approval to use grant funding for employee positions. She noted that some of the positions listed in the Board Book would need to be tabled until the Chief Financial Officer, Dr. Gerald Shields, and Interim President Johnson could articulate the mechanics and roles of such positions.

Vice Chair Walston, Regent Hatchett, and Regent Moseley asked for clarification regarding the positions the Board was being asked to approve, whether the positions were reconciled with the budget, and the status of the search for a new head football coach, respectively.

MOTION by Regent Fields:

Move the Board to approve Past and Pending Personnel Actions.

The motion was seconded by Regent Dukes and passed without dissent.

D. Approval of Registry Contract

Chair Patton observed that the Board acted to appoint Dr. Ronald A. Johnson as Interim President of Kentucky State University, effective July 1, 2022. Chair Patton then noted that the Board had the opportunity to review and approve The Registry's service agreement.

MOTION by Chair Patton:

Move the Board to approve The Registry contract.

The motion was seconded by Regent Fields and passed without dissent.

E. Approval to Engage Project Management Consulting Firm

Interim President Johnson gave remarks on the status of the University and noted that to improve confidence, he was advocating for augmentation by specialists who have worked with HBCUs and other industries.

Regent Dukes asked which budget would be the source of funding for the resolution. Interim President Johnson responded that the resolution’s funding would come out of the funds dedicated to consultants within the Office of the President.

MOTION by Regent Adams:

Move the Board to approve engagement of a project management consulting firm.

The motion was seconded by Regent Hatchett.

Prior to the vote, Vice Chair Walston asked if the consulting firm would work with Brand Identity and Marketing. Interim President Johnson responded affirmatively, noting that the consulting firm would design framework, but that the University would implement said framework.

Regent Adams' motion to have the Board approve engagement of a project management consulting firm passed without dissent.

F. Approval to Engage The Registry to Provide Interim Vice President for Student Engagement

Interim President Johnson stated that because the current Vice President for Student Engagement was soon leaving the institution, it would be necessary to fill that role immediately.

Chair Patton asked how long it would take for the position to be filled. Interim President Johnson replied that The Registry tends to work quickly when filling needed positions.

Regent Fletcher observed that Interim President Johnson would perhaps need the Board to approve a contract for the position at its next meeting, which could slow down the hiring process. General Counsel Lang responded that Regent Fletcher was correct that the Board would need to approve the contract; however, she noted that if the Board approves the contract as to its budgetary implications, then the candidate could begin working before the full contract is approved by the Board.

MOTION by Regent Fletcher:

Move the Board to approve engagement with The Registry to provide Interim Vice President for Student Engagement.

Before the motion was seconded, Regent Briggs asked for assurances that students’ needs would be met while the position was vacant. Interim President Johnson stated that he had not yet conversed with the Provost regarding that topic, but he noted that the University could exercise a great deal of flexibility in addressing students’ needs while the position is vacant.

Regent Fletcher's motion was passed without dissent.

G. Approval of Fire Alarm Monitoring and Suppression

Chief Financial Officer Shields gave the opening remarks, stating that the University would need to enter into a master agreement with Johnson Controls to ensure that purchases related to the action item do not exceed an amount of approximately seventy-seven thousand dollars. He stated that the funding will come from the annual facilities budget and that fire alarm monitoring and suppression will be an annual expense.

Regent Dukes asked whether the services relating to the action item had been sought using a competitive bid process or if the University intended to hire Johnson Controls because it was an entity with an existing relationship with the University. CFO Shields responded

that the University was using an existing relationship with Johnson Controls. General Counsel Lang noted that under Kentucky procurement law, the institution does not need to go through a formal procurement process to secure a vendor if the vendor has already gone through a process with the State.

MOTION by Regent Fletcher:

Move the Board to approve fire alarm monitoring and suppression.

The motion was seconded by Regent Moyer and passed without dissent.

IX. Consent Agenda

Approval of Minutes of Prior Meetings

• A.April 27, 2022, Special Called Meeting
• B.May 9, 2022, Special Called Meeting
• C.June 3, 2022, Special Called Meeting
• D.June 13, 2022, Special Called Meeting
• E.June 27, 2022, Special Called Meeting

Miscellaneous

• F.Approval of Renovation — Jackson Hall
• G.Approval of Contract — ADP Renewal
• H.Approval of Contract — Protiviti (Accounting Project Manager)
• I.Approval of Contract — Athletic Training Services
• J.Approval of Contract — McCarthy's Strategic Solutions
• K.Approval of Lease – Dell (Laptops)
• L.Approval of Equipment Replacement — Rosenwald Center (HVAC system)
• M.Approval of Renovation — Mobile Poultry Processing Building (Handicap-accessible bathrooms)
• N.Approval of Construction — Harold R. Benson Research and Demonstration Farm (Office Building)
• O.Approval of Expenditure — AFX17 Hyperspectral Mounting Camera
• P.Approval of Expenditure — Trinity F90 Drone
• Q.Approval of Resolution — Aquaculture Mobile Classroom
• R.Approval of Policy Recission — Authorized Signature Policy

Chair Patton asked the Regents if they had any questions regarding the items associated with the consent agenda. Regent Hatchett, Regent Briggs, and Regent Fletcher asked several questions, which were discussed in depth by the Board, Interim President Johnson, and General Counsel Lang.

MOTION by Regent Fields:

Move the Board to approve the consent agenda items as listed.

The motion was seconded by Regent Moyer and passed without dissent.

X. Academic Affairs

• A.Provost Quarterly Report (Information Item)
• Provost Hamilton presented his quarterly report.
• B.Approval of Anthology Contract Renewal (Action Item)

Provost Hamilton gave a presentation that explained what Anthology is and its purpose. Provost Hamilton emphasized the importance of the Anthology applications for reviewing student feedback, preparing Kentucky State University for its periodic accreditation, and supporting co-curricular activities.

Regent Dukes, Regent Fields, and Regent Fletcher asked whether all the software under the contract will be new to the University, whether the institution is using all the software described under the contract, and whether there is any data showing the efficacy of using Anthology software, respectively.

MOTION by Regent Fletcher:

Move the Board to approve the Anthology Contract Renewal.

The motion was seconded and passed without dissent.

XI. Brand Identity

• A.A. BREDs of the Quarter Recognition

Mr. Michael DeCourcy, Acting VP of Brand Identity and University Relations, recognized the BREDs of the quarter.

XII. Finance and Administration

• A.A. CFO Quarterly Report (Information Item)

CFO Shields presented his quarterly report. Regent Moyer asked for clarification regarding the different types of enrollments. Regent Fletcher asked whether enrollment is separated into categories such as full-time, part-time, and other. Vice Chair asked CFO Shields whether employees within the Registrar's Office will work with him on inputting and reviewing data in Banner. Regent Hatchett asked whether more historical enrollment data is available.

B. Staff Holiday Calendar Update (Information Item)

Director Raglin noted that the University has reduced the number of holidays from 31 to 26.

C. Internal Auditor Contract Update (Information Item)

CFO Shields stated that the University is in the process of evaluating internal auditor proposals it received in response to its request for proposal (RFP).

Regent Dukes asked for clarification regarding the scope of the internal auditor's duties.

Regent Fields asked whether the internal auditor would review each department and ensure that the departments are complying with applicable policies. CFO Shields responded in the affirmative.

• D.D. Student Housing and Facilities Update (Information Item)

Mr. Paul Cable, the Director of Capital Projects and Facilities Management, gave an update on the projects, including their estimated completion dates.

Regent Dukes asked whether the new student housing facility will be in use by the beginning of the 2023 spring semester and if there will be any parking.

Regent Briggs also inquired about parking for the facility. Director Cable stated that any work on the parking lots will not be completed until the end of the 2023 spring semester.

Vice Chair Walston asked about the mortgage on the facility.

Regent Moseley requested an update on the roof repair project for the Exum Center. Director Cable replied that the contractor will start work soon and that the project will cost approximately $2,000,000.

Regent Moseley also asked about the new gym floor that was purchased to replace the old floor. He noted that the new floor had not been installed and asked whether there are any plans to use it. Director Cable responded that the floor was bought by a previous administration and that there are no current plans to install it. However, he assured the Board that the new floor is properly stored so that it can be used in the future.

Regent Fletcher noted that the occupancy rate is approximately 32 percent. He asked whether the University would consider closing dorms for repairs given the low occupancy rate. CFO Shields clarified that the occupancy rate of 32 percent pertains to summer enrollment and is not a reflection of the occupancy rate for the upcoming fall semester. Regent Fletcher then asked for historic occupancy rates. CFO Shields and Director Cable stated that they could not provide such rates at that time.

Interim President Johnson identified numerous issues with housing and restraints on the University’s ability to address said issues.

Regent Briggs expressed that housing must be a priority and asked why more progress has not been made on dorm repairs. Director Cable assured Regent Briggs that he and his department are doing all they can to address housing issues and noted that there have been several constraints on their ability to begin and complete projects.

Chair Patton also expressed his belief that student housing must be a priority.

Interim President Johnson stated that he would speak with the campus community to determine what can be done to increase progress concerning housing.

Regent Moseley emphasized the importance of maintaining campus cleanliness instead of only cleaning in anticipation of important events, such as move-in.

E. Approval of Expenditure – Research Properties (Action Item)

CFO Shields provided an overview of the Land Grant Program and the requested expenditure. Dr. Kirk Pomper, Director of Land Grant Programs, gave a detail description of the properties that Land Grant would like to purchase, as well as an explanation of how the properties would be used. Director Pomper noted that the properties would be purchased using federal funds and that those funds would have to be returned to the federal government if not used before the end of September.

Vice Chair Walston asked how Land Grant selected the requested properties and expressed concern about the distance between KSU’s campus and the property Land Grant would like to purchase in Jackson County. Director Pomper provided an explanation of the selection process and why the Jackson County property would benefit the University.

Regent Fields echoed Vice Chair Walston's concerns over the Jackson County property, stating that he knows it can be difficult to access remote areas in eastern Kentucky.

Regent Hatchett asked how Land Grant would have used the remaining $2,000,000 in its budget if Covid-19 had not hampered its operations. Director Pomper noted that the University received federal funds earlier than anticipated and informed the Board that Land Grant intends to hire approximately 35 more employees using the funds. Regent Hatchett then asked for clarification on whether Land Grant normally prioritizes purchasing land over hiring more employees. Director Pomper replied that it has been difficult to hire qualified individuals.

Regent Dukes asked if there was a risk of losing the funds. Director Pomper affirmed that the funds would have to be relinquished if not used before the end of September.

MOTION by Vice Chair Walston:

Move the Board to approve the purchase of the research properties.

The motion was seconded. However, before a vote could occur, Regent Fletcher asked if there was money allotted for the maintenance of the properties. Director Pomper assured that money had been set aside for that purpose.

A vote was then taken, and the motion passed without dissent.

F. Approval of Expenditures – New Residence Hall (Network Equipment) (Action Item)

CFO Shields provided an overview of the requested expenditure. He noted that the total cost for the network equipment and exterior security cameras would be approximately $548,000.

Regent Hatchett asked why the issue was being addressed so late in the construction process. CFO Shields stated his belief that it was a failure on the part of Kentucky State University when it was negotiating the contract. He noted that he was not at the University during the negotiations of the contract, so he has limited knowledge of what transpired. General Counsel Lang stated that at the time the contract was first negotiated, the most important University officials were not included.

Regent Dukes asked about the action item’s budgetary implications. Interim President Johnson stated that the University would be able to allocate funding to finance installation of the equipment.

MOTION by Regent Fields:

Move the Board to approve the network equipment contract.

The motion was seconded and passed without dissent.

G. Approval of Expenditure – New Residence Hall (Security Cameras) (Action Item)

CFO Shields provided an overview of the requested expenditure. He noted that the security cameras would be for the interiors of the residence hall and that a quoted price had not yet been provided.

Regent Hatchett expressed concern about voting on something for which he does not know the final cost.

CFO Shields then corrected himself, noting that the cost for the cameras would be approximately $146,000. Dr. Wendy Dixie clarified that the quoted price covers the cost of installation for the interior and exterior cameras.

MOTION by Regent Fields:

Move to approve the expenditure for new residence hall security cameras.

The motion was seconded and passed without dissent.

H. Approval of Resolution - Kentucky River Thorobred (Action Item).

CFO Shields provided an overview of the resolution, including background information on the Kentucky River Thorobred vessel. He advised that the resolution seeks to dispose of the original vessel and replace it with a smaller vessel that will be used for research purposes.

Regent Fields asked Director Pomper to confirm that the larger boat would be replaced by a new, smaller boat.

Vice Chair Walston asked if Land Grant had already sought approval from the FDA. Director Pomper stated that is the first step once the Board approves the resolution.

MOTION by Vice Chair Walston:

Motion to approve the Kentucky River Thorobred resolution.

The motion was seconded and passed without dissent.

I. Approval of Resolution – Old Federal Building

CFO Shields provided an overview of the building. He advised that because the University lacked the funds necessary to repair and maintain the building, the resolution sought approval to sell the building.

General Counsel Lang clarified that the resolution was not necessarily seeking approval to dispose of the building, but rather approval to evaluate the University’s options regarding the building.

Chair Patton expressed his belief that the resolution should be tabled until the language is amended. General Counsel Lang opined that because the resolution was being discussed at a regularly scheduled meeting, the Board could elect to amend the language of the resolution during the meeting.

Vice Chair Walston stated that the University would have to inform the federal government and explain why the University cannot retain the building.

MOTION by Regent Fields:

Motion for the Board to table the resolution until it is amended.

The motion was seconded and passed without dissent.

J. Approval of Resolution – Authorized Signatory for Endowment (Action Item)

CFO Shields provided an overview of the resolution. He noted that the former CFO was the only individual listed on the account and that it was recommended that the Board approves the authorization of a new individual for signatory purposes.

Regent Hatchett asked for clarification regarding the resolution. CFO Shields stated that the resolution sought to remove the former CFO as a signatory and add CFO Shields as the new signatory.

Interim President Johnson noted that the language of the resolution may need to be changed. He agreed with Regent Hatchett that two signatories should be added to the endowment account.

Regent Fields expressed his belief that the Board should approve the motion as written to remove the current signatory as soon as possible; thereafter, the Board could then approve the amended resolution. Vice Chair Walston agreed with Regent Fields' recommendation.

General Counsel Lang opined that the Board should amend the resolution so that CFO Shields is given signatory authority and presidential authority must be given before any action is taken concerning the endowment account.

MOTION by Regent Fields:

Move the Board to approve the authorized signatory resolution (as amended).

The motion was seconded and passed without dissent.

XIII. Closed Session

MOTION by Regent Moseley:

Move the Board to enter closed session to discuss pending litigation pursuant to KRS 61.810(1)(c).

The motion was seconded and passed without dissent.

XIV. Open Session

MOTION by Regent Moyer:

Move the Board to enter open session.

The motion was seconded and passed without dissent.

Chair Patton stated that the Board entered closed session to discuss pending litigation and that no action was taken during the closed session.

XV. Closing Remarks

Chair Patton gave his closing remarks.

XVI. Adjournment

MOTION by Regent Mosley:

Move the Board to adjourn.

The motion was seconded by Regent Ramsey and passed without dissent.

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS SPECIAL CALLED MEETING

Friday, September 16, 2022 11:00 a.m. EDT

Board of Regents Room Julian M. Carroll Academic Services Building, 2nd Floor Frankfort, Kentucky 40601 (Primary Physical Location)

MINUTES *****

I. Call to Order

Chair Patton called the meeting to order at 11:03 a.m. EDT.

• II.II. Chair Patton called the roll:

Eight (8) Regents were in attendance; a quorum was therefore established.

Regent Fletcher and Regent Moyer joined the meeting after the roll was called.

III. Approval of the Agenda

MOTION by Regent Dukes: Move the Board to approve the agenda. The motion was seconded by Vice Chair Walston and passed without dissent.

IV. Action Items

A. Approval to Enter into an Agreement With an External Auditor

MOTION by Regent Dukes:

Move the Board to approve entry into an agreement with an external auditor. The motion was seconded by Regent Fields and passed without dissent.

B. Approval of Personnel Actions

MOTION by Regent Fletcher:

Move the Board to approve the personnel actions.

The motion was seconded by Regent Fields and passed without dissent.

V. Closed Session

MOTION by Regent Fields:

Move the Board to enter closed session to discuss pending litigation pursuant to KRS 61.810(1)(c).

The motion was seconded by Regent Fletcher and passed without dissent.

VI. Open Session

Chair Patton stated that the Board completed its review of pending litigation matters. Chair Patton then requested a motion to approve the settlement of Franklin Circuit Court case 19-CI-135.

MOTION by Regent Hatchett:

Move the Board to approve the settlement agreement.

The motion was seconded by Vice Chair Walston and passed without dissent.

VII. Closing Remarks

Chair Patton gave his closing remarks.

VIII. Adjournment

MOTION by Regent Fletcher:

Move the Board to adjourn the meeting.

The motion was seconded and passed without dissent.

TITLE IX TRAINING

Biography of Brandon Williams

Brandon Williams is currently the Deputy ADA Coordinator and Technical Compliance Coordinator at the University of Kentucky in which he works to ensure compliance with the Americans with Disabilities Act, provides reasonable accommodations to employees, and assists with the University’s affirmative action program. He also trains the UK community on harassment, discrimination, and sexual misconduct.

Before going to the University of Kentucky, Brandon served as Kentucky State University’s Title IX Coordinator and then Associate Dean of Students. He also served in several roles at Eastern Kentucky University as Assistant Director of Student Conduct, Deputy Title IX Coordinator, and Interim Director of Equity and Inclusion.

Brandon earned a Bachelor of Arts in Spanish and a Masters of Public Administration from Eastern Kentucky University. He is currently a doctoral student at the University of Kentucky.

Title IX Training Board of Regents

Presented By: Brandon D. Williams, MPA

October 12, 2022

Any public posting of the material included in this PowerPoint is for the sole purpose of complying with 34 CFR § 106.45(b)(10)(i)(D).

This is proprietary training that should not be utilized by others to conduct training on this content without explicit permission.

Anyone seeking permission may contact Brandon Williams.

ONWARD. UPWARD. #KSUFORWARD

TRAINING AGENDA

1. Overview of Title IX;
2. KSU's Process and Role of Title IX;
3. Officials with Authorities and Responsible Employees;
4. How to Conduct a Sensitive Intake; and
5. Appeal Processes.

ONWARD. UPWARD. #KSUFORWARD

TITLE IX REVIEW

Signed into law by President Nixon in 1972. “No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

1997 – OCR released “Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties.” All future guidance builds on this one.

April 4, 2011 – Dear Colleague Letter (DCL) released by the Obama and Biden administration.

September 22, 2017 – Dear Colleague Letter (DCL) released by the Trump and Pence administration rescinded the 2011 DCL and the 2014 Q&A.

May 6, 2020 – Final Title IX regulations with explanations totaling over 2000 pages released by the Trump and Pence administration.

(https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html)

ONWARD. UPWARD. #KSUFORWARD

ROLE OF TITLE IX COORDINATOR

1. Ensure the University is compliant with Title IX of the Education Amendments of 1972;
2. Determine whether the allegations fall within the purview of the KSU's Policy and Procedures on Sexual Harassment as Defined Under Title IX and Other Sexual Misconduct;
3. Appoint an Investigator to conduct a formal investigation;
4. Ensure reports and complaints are handled properly in a prompt and timely manner;
5. Inform students, employees, and witnesses of their rights during a formal investigation and what campus and community support resources are available to them;
6. Confirm that all parties have been notified of the outcome of the investigation, the right to, and procedures for an appeal if applicable;
7. Maintain information and documentation related to the investigation in a secure manner, consistent with the University's obligations to disclose information as required by law; and
8. The Title IX Office is not a first responder to emergencies, rather it serves the Campus Community as a resource and to ensure compliance with the federal regulations.

KENTUCKY STATE UNIVERSITY®

KYSU.EDU

ONWARD. UPWARD. #KSUFORWARD

STANDARD OF PROOF

Kentucky State University uses Preponderance of the Evidence (also known as “more likely than not”) as the standard to decide whether a violation has occurred.

ONWARD. UPWARD. #KSUFORWARD

CONSENT

Consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Consent is determined based on the totality of the circumstances. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately. Consent cannot be obtained by: Force or Coercion; by ignoring or acting in spite of the objections of another; or by taking advantage of the incapacitation of another.

A person cannot consent if: he or she is under the age of 16 (KRS 510.020), is unable to understand what is happening, is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who knowingly acts sexually upon another person who is physically or mentally incapacitated has violated the Policy.

(Page 21 of KSU Policy)

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Sexual Assault

Rape

Fondling

Incest

Statutory Rape

PROHIBITED BEHAVIORS

Stalking

Dating Violence Domestic Violence

Sexual Exploitation

Following

Romantic or intimate relationship

Current or former spouse

Non-consensual or abusive sexual advantage of another

Harassing phone calls

Written or online messages

Abuse or threat of abuse

Child in common

Cohabitation

Voyeurism

Recording sexual activity

Revenge Porn/Not disclosing a STI KENTUCKY STATE UNIVERSITY®

KENTUCKY STATE UNIVERSITY®

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OWA's and Responsible Employees

OFFICIALS WITH AUTHORITY

RESPONSIBLE EMPLOYEES

Employees of Kentucky State University who are explicitly vested with the responsibility to implement corrective measures on behalf of the institution for sex or gender-based discrimination, harassment, violence, and/or retaliatory conduct involving students, faculty, staff, or third-parties.

Employees of Kentucky State University who have been tasked with the duty to report allegations of sexual harassment or misconduct due to their administrative or supervisory responsibilities on campus. Responsible Employees do not have the authority to take action to redress sexual violence (aside from fulfilling reporting obligations) but are able to assist those who have allegedly experienced harm by informing them of the KSU reporting process and available resources.

(https://www2.ed.gov/about/offices/list/ocr/docs/titleix-regs-unofficial.pdf)

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OFFICIALS WITH AUTHORITIES

KSU has designated the following employees as OWA's to implement corrective measures for sexual harassment or discrimination:

1. President
2. Vice Presidents
3. Director of Human Resources
4. Title IX Coordinator

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RESPONSIBLE EMPLOYEES

KSU has designated all employees of the institution as Responsible Employees EXCEPT for those identified below who have confidentiality:

1. Mental Health Counselor(s)**;
2. Student Health Services**;
3. Campus Baptist Ministries or the Wesley Foundation; and
4. Practicing physicians, whether independent contractors or employed by the University.

** - The University’s Counseling Center and Student Health Services staff will submit anonymous statistical information for reporting purposes pursuant to the Clery Act unless they believe disclosing information to appropriate officials is necessary to protect their client or patient from harm, or if there is threat of harm to a minor.

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CONDUCTING A SENSITIVE INTAKE:

Thoroughly review and be familiar with the policy.

Remain calm during the situation.

Ensure that the individual and others around are safe from immediate danger. Contact the police if the individual is in immediate danger. But it is always the Complainant's choice to report the incident to the police.

Maintain a neutral but empathetic tone when speaking with the individual and ensure that you're in a private or confidential space to talk.

✓ Disclose your duty to notify the Title IX Coordinator early in the conversation. Assure Complainants of their privacy but explain you cannot guarantee confidentiality. We have confidential resources but OWAs are not confidential.

Allow the individual to speak but refrain from asking questions other than those to assess personal safety. Avoid using victim-blaming language, like questions that begin with “why?” Gather the critical, demographic information and notify the person that you will send the information to the appropriate University personnel immediately. Individual’s name, contact information, status at the University, alleged Respondent’s name, and a brief description of the alleged conduct.

You may also contact the Title IX Coordinator immediately.

Know your boundaries: do not offer advice or counsel the individual if you are unsure of the next steps and immediately report the information to the Title IX Office (within 72 hours from receipt of the information).

Offer your contact information and the Title IX Coordinator's contact information.

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KSU PROCESS

KENTUCKY STATE UNIVERSITY®

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APPEALS AND APPEAL OFFICER

The Complainant or Respondent may appeal:

1. The findings of the Decision Maker,
2. Sanctions imposed by the Decision Maker, and
3. Dismissal of a Formal Complaint.

The Appeals Officer or designee will review the appeal and the appeal response to determine if one of the ground(s) for appeal have been met. In student matters not involving suspension, expulsion, or eviction from Housing, or employee matters not involving the termination of tenured faculty, the appeals officer decision is final.

In student matters involving suspension, expulsion, or eviction from Housing or employee matters involving termination of tenured faculty, in accord with KRS 164.370 and 164.360, the Appeals Officer will only make a recommendation regarding whether grounds for appeal have been met.

Appeals are confined to a review of the written record on appeal.

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GROUNDS FOR APPEAL

1. Procedural irregularity that affected the outcome of the matter. A description of the error and its impact on the outcome of the case must be included in the written appeal;
2. The Title IX Coordinator, Investigator, or Decision Maker had a conflict of interest or bias for or against Complainants or Respondents or the individual Complainant or Respondent that affected the outcome of the matter. A description of the conflict and its impact on the outcome of the case must be included in the written appeal; or
3. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. Information that was known to the Complainant or Respondent during the investigation, but which he or she chose not to present, is not new information. A summary of this new information and its potential impact on the investigation findings must be included in the written appeal.

Note: Grounds for appeal are the same for students and employees.

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(Pages 16-19 of KSU Policy)

TYPES OF APPEAL

Appeal of the Decision Maker's Finding:

“Either party may appeal the Decision Maker’s finding of responsibility. The appeal must be submitted, in writing, to the Title IX Coordinator or designee by close of business on the second business day following receipt of the closing letter. The other party is notified of the appeal and has two business days to respond in writing to the Title IX Coordinator or designee.”

Appeal of Sanctions:

“Either party may appeal the sanction(s) imposed by the Decision Maker. The appeal must be submitted, in writing, to the Title IX Coordinator or designee by close of business on the second business day following receipt of the closing letter. The other party is notified of the appeal and has two business days to respond in writing to the Title IX Coordinator or designee.”

Appeal of the Dismissal of a Formal Complaint:

“The Complainant may appeal the dismissal of the Formal Complaint by submitting the written appeal to the Title IX Coordinator by close of business on the second business day following the date of the letter of dismissal. The appeal must state the reason the dismissal should be overturned. The other party will then be notified of the appeal and has two (2) business days to respond in writing to the Title IX Coordinator.”

(Pages 5 and 16-17 of KSU Policy)

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APPEAL OUTCOMES

Appeal of Findings:

1. Appeals granted based upon procedural irregularity shall be remanded to the Decision Maker who will reopen the hearing and correct the procedural irregularity. If the appeal is that the procedural irregularity occurred during the investigation, the Appeals Officer will remand the investigation back to the Title IX office to correct the error. In rare cases where the procedural irregularity cannot be fixed, such as conflict of interest, the Appeals Officer may remand the case back to the Title IX Office for a new investigation with a new investigator.
2. For appeals granted based on bias or conflict of interest, the Appeals Officer shall review the entire record of the grievance process to determine whether there was any conflict or bias on part of the Title IX Coordinator, Title IX Investigator, or Decision Maker, and whether bias or conflict affected the outcome. If it is determined there was no bias or conflict, the Appeals Officer will issue a written determination affirming the determination of the Decision Maker. If it is determined there was bias or conflict, the Appeals Officer will remand the matter back to the stage where the conflict was present and the matter will restart with a new Investigator or Decision Maker, as appropriate.
3. Appeals granted based on new information shall be remanded to the investigative stage to determine if sufficient information exists to suggest there may be a violation of the policy. If so then the matter will be reheard, including the new information, by the Decision Maker. All parties shall be informed of the results to grant or deny the appeal in writing with a rationale for the results. If no bases for appeal are met, the appeal will be denied, and the findings will be final. (Pages 16-17 of KSU Policy)

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APPEAL OUTCOMES

Appeal of Student Sanctions:

1. Students not suspended, expelled, or evicted from University Housing: If the Appeals Officer or designee determines that grounds for appeal exist, the appeal shall be heard by the Dean of Students. The Dean of Students shall review the appeal based only on the grounds identified by the Appeals Officer or designee. The Dean of Students may modify the sanction imposed by the Decision Maker. The Dean of Students' decision shall be final.
2. Students suspended, expelled, or evicted from University Housing: The Vice-President for Student Engagement and Campus Life shall review the materials submitted by the Appeals Officer or designee and make a decision regarding the appeal. The student may appeal the Vice-President's decision to the Board of Regents. The Board of Regent's may modify the sanction imposed by the Decision Maker. The Board of Regent's decision shall be final.

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(Pages 17-18 of KSU Policy)

APPEAL OUTCOMES

Appeal of Employee Sanctions:

1. Appeal of Sanctions for Non-Tenured Faculty Respondent, Staff Respondent, or Tenured Faculty Respondent (receiving disciplinary action other than termination): The appeal will be heard by the Director of HR who may modify the sanction imposed by the Decision Maker. The decision of the Director of HR shall be final.
2. Appeal of Disciplinary Action for a Tenured Faculty Respondent Subject to Termination: A faculty member shall not be removed until after ten (10) days notice, in writing, stating the nature of the charges preferred, and after an opportunity has been given him/her to make a defense before the Board of Regents by counsel or otherwise and to introduce testimony which shall be heard and determined by the Board of Regents (KRS 164.360). In cases involving Sexual Misconduct or Sexual Harassment only, the Complainant shall have the same rights as the Tenured-Faculty Respondent. All parties will be informed of whether the disciplinary action appeal is accepted and the results of the disciplinary action appeal decision. The decision of the Board of Regents is final and may not be appealed.

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(Pages 19-20 of KSU Policy)

Safeguarding Our Communities From Sexual Predators: What College Presidents and Trustees Should Ask

In recent years, multiple universities have faced sexual predator scandals involving scores of victims. Often the institutional leaders were uninformed about the allegations regarding incidents on their campuses. This failure of leadership oversight has many presidents and trustees wondering how to safeguard their communities from similar tragedies. Here are key questions these campus leaders should ask and suggestions for creating a culture of prevention and reporting.

Become informed about policies and procedures.

What are the parameters of our sexual abuse policies?

Presidents should be well versed in the institution’s policies addressing sexual misconduct and abuse. Consider whether the policies cover all members of the community. For example, are faculty, medical professionals, volunteers, and contractors included? If so, assess how the policies are conveyed to them and whether signed acknowledgments are required to show they have read the policies.

Confirm that the policies require all reports to be investigated and adjudicated using consistent procedures. Strict compliance is important, because any exceptions can lead to predators avoiding accountability despite allegations against them. For example, investigations should not stop simply because the respondent denies the action or because someone powerful requests that the investigation cease.

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Do the institution's sexual abuse standards and policies apply equally to employees at all levels?

The institution’s standards and policies must be applied impartially and consistently, without exception. This includes departments such as athletics, whose student athletes and staff are sometimes excused from following institutional requirements. It is important that exceptions are not made in policy or practice, even for employees in highly visible positions, prominent departments, or those who bring profit or prestige to the institution, such as doctors, scientists, and scholars. Remind staff that preventing harm to students and the campus community is always the top priority, even if it comes at a cost to the institution’s reputation.

Safeguarding Our Communities From Sexual Predators

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What are our institution's options for reporting sexual abuse?

Easily accessible reporting options are an important indicator of an institution that encourages reporting. Check whether reporting channels are well publicized, easy to find on the institution's website, and include an anonymous reporting channel, if possible. It is also recommended that the email address of at least one board member be made available online as an additional avenue for reporting.

What are the processes through which reports of sexual abuse are handled?

Review how reports are handled at the institution, including which office or individual processes the reports and launches the investigation. If possible, give one staff member oversight of all reports so trends and repeat offenders are identified, or establish a process that looks for these patterns. Inquire about guidelines for notifying high-level administrators, legal counsel, and others when more than one report is made against an individual. Ask whether the institution has any policies regarding the reporting of allegations to external law enforcement, especially with victims who are minors.

Be intentional with words and actions.

Have we established clear expectations for receiving updates on sexual misconduct reports and investigations, both on a routine schedule and an emergent basis for certain inquiries?

Presidents and trustees need not be involved in every allegation, but they should establish clear guidelines for regular updates about critical inquiries such as allegations involving more than one victim, more than one allegation against the same respondent, patterns of inappropriate behavior from teams or departments on campus, or allegations involving individuals in positions of power. Depending on the board's structure, one of its committees could take responsibility for monitoring these sexual abuse reports.

Similarly, presidents and trustees should establish guidelines for when they will be notified about settlements involving allegations with more than one victim or allegations involving individuals in positions of power. By working with the general counsel's office or the individuals responsible for negotiating settlements on behalf of the institution, the president and trustees can ensure that they are informed early in the settlement negotiation process.

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What is our policy regarding background checks?

Increasingly, educational institutions are implementing processes that require background checks of all employees at hire to screen for individuals with red flags in their pasts. Review your institution’s policy regarding which positions or groups are subject to background checks, and what those checks entail. Keep in mind that phone calls to references—with fine-tuned questions that ask about the individual’s respect for boundaries in interactions with students and children—are often the best source of information to weed out possible predators.

Take note of whether faculty, coaches, volunteers, and third parties are subject to the same screening as regular employees. Consider whether some employees, depending on job function, should have their background checks updated routinely during employment.

allegations with more than one victim or allegations involving individuals in positions of power. By working with the general counsel's office or the individuals responsible for negotiating settlements on behalf of the institution, the president and trustees can ensure that they are informed early in the settlement negotiation process.

Often, staff have a strong reluctance to tell the president bad news, and the first instinct is to handle the matter so that it does not reach the president or board. However, on issues of serial sexual assault, presidents and boards are often held accountable despite being unaware of the allegations. Accordingly, they must become actively engaged and require updates on allegations. This cultural change may require professional development to educate staff and help shift attitudes.

Safeguarding Our Communities From Sexual Predators

Have we articulated our expectation that policies are followed?

Upholding the administrative structure for reporting, investigating, and disciplining is an important part of the president’s role. The president must set the tone for thorough compliance with policies. As such, the president should only make investigative or disciplinary decisions if the president’s involvement is prescribed by the policy.

Understand the campus culture.

What trainings are offered for students, employees, and faculty?

Take a close look at the trainings used for various audiences on your campus. Review the topics and training styles, then assess whether they are appropriate for each group. Are the trainings mandatory? How often are they required? Consider that many of the standard trainings (e.g. workplace harassment training for employees or Title IX training for students) may not cover important topics such as boundary violations, child abuse red flags, and employee obligations to report incidents of suspected sexual abuse.

Which staff members are addressing issues of sexual abuse on campus?

Presidents must make sure they are fully versed in the administrative positions working to prevent sexual abuse and assist victims on campus. Student affairs professionals often lead these prevention efforts and can be a valuable liaison for the president. By developing relationships with staff who handle sexual abuse reports and manage prevention efforts, the president can also establish an expectation that he or she be informed of noteworthy events.

Am I speaking out to foster a safe and inclusive environment on campus?

To effectively shape the campus culture, the president’s actions should include a no-tolerance philosophy for sexual abuse and strong support for reporting. By publicly voicing support for survivors and proactively addressing topics surrounding sexual abuse, the president can serve as a catalyst for cultural change. If the community learns to be alert and report all boundary violations, this may stop or deter predators from further abuse.

What resources do we have for victims?

Providing appropriate, easily accessible resources on campus is critical for survivors' wellbeing. Review whether your institution's resources adequately serve the physical and emotional needs of victims and whether referrals to off-campus resources are provided. The institution's commitment to survivor wellness helps foster an environment that encourages reporting and supports those who make reports.

When did we conduct our last climate survey measuring sexual violence attitudes and prevalence on campus, and what were the results?

Institutional leaders must steer the campus culture toward an ethos that is alert about red flags, facilitates reporting, and supports victims. To do this, the president and trustees must understand the current campus landscape. A campus climate survey is an anonymous survey of students that assesses the prevalence of prohibited conduct, including sexual assault and abuse, and provides insight into students' perceptions about the environment on campus.

Presidents and trustees play an important role in protecting the campus community from sexual predators and should be well versed in the institution's reporting options, training programs, victim resources, and the administrative roles responsible for implementing these measures. Leaders who have a deep understanding of the institution's culture and engage in vocal support for reporting will help create an environment in which predatory behavior is unwelcome and boundary violations of any kind are not tolerated.

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The material appearing in this publication is presented for informational purposes and should not be considered legal advice or used as such. Copyright © 2019 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators.

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INFORMATION ITEMS (WRITTEN REPORTS)

Faculty Senate Report/ October 12, 2022 Board of Regents Meeting

Dr. Keith McCutchen, President

President's Notes:

• Letter sent to Provost in regards to Tenure and Promotion
• Upcoming workshop for Faculty on Grant Writing and Proposals
• KYSU at the Farmer's Market
• Homecoming Founder's Day
• Preregistration for Spring Semester

Academic Policy Committee (APC)

This Year’s objectives

• Course capacity/Prorated Pay
• oOnline course caps may be able to be extended
• oIn person may be limited due to size of classrooms
• Faculty Handbook
• 12 month/9 month contracts
• BASC
• Spring Calendar
• Advising
• PAFS
• Classroom technology
• Committee members identify the PAF as a top priority (Deanna will be in charge of this)
• Committee members suggested prorate and course capacity as next priority
• oGoal is to notify employee as PAF steps are taking going through the steps
• Chair not signing off on the PAF seems to be the initial problem
• ■ Suggestion was the chairs signs off on the PAF and put it in faculty folder
• oGoal is starting fall of 2023 pay is not prorated based on class size
• Ask faculty input on student caps

Budget and Academic Support (BASC)

• Proposal:

BASC is requesting Faculty Senate Executive to seek information from University Administration that clarifies current policies pertaining to students' purchases of textbooks. This request is necessary and urgent due to time constraints required to work through the process of resolving the textbook purchasing issues. All committee members accepted the proposal. There were no objections.

Curriculum Committee (CC)

• Reviewed the process for submitting course and program proposals. Discussed if grant proposals including new courses should be reviewed by the curriculum committee before submission.

Professional Concerns Committee (PCC)

Old Business:

• We re-visited discussions from last academic semester, such as: Faculty Handbook update current status (to be pursued).

New Business: No actions taken

• “Official” nomination and election: Dr. Banerjee as Chairperson; Dr. Khatiwada as Vice-Chairperson; and Mr. Walter as Secretary
• Campus maintenance/up-keeping: We discussed buildings; trash; contractor; doors (Some handicap buttons are inoperable); and elevators annual inspection/maintenance.
• Registration: Students who have and have not paid their deposit/bills in relations to enrolling at KSU in association with overall enrollment count.
• Promotion and Tenure: We discussed its current status, originality of the current hold/pause status, and monetary issue.
• My Lab/Blackboard: Dr. Dharma Khawitada voiced his concerns with the software, Pearson, Inc. and his students' issue(s) with registering.
• Mr. Walter and Dr. Witty brought to our attention that ADP has been miscalculating leave hours.

KYSU Staff Senate

Meeting Dates Announcement

1. Our next meeting will be Tuesday, October 18, 2022
2. a.Time: 2:00 p.m.
3. b.Location: via Zoom

Committee Updates and Announcements

1. Staff Morale Committee: We will be giving out appreciation awards weekly to individuals around campus to let them know that their work has not gone unnoticed. The committee held a Senate meet and greet in the President's dining hall for all staff to come and meet and engage with members of the Staff Senate and the Executive Board. The committee would also like to do a blanket and warm clothing drive for all those who are in need of such items due to upcoming changes in the weather.
2. Outreach Committee- The outreach committee held a successful ice cream social on September 18, 2022, in the Student Center courtyard. The focus of the ice cream social was to allow the staff to get out and meet one another while enjoying tasty ice cream. Staff will see more from the outreach committee as the semester moves forward.
3. Elections Committee – The committee has open vacancies currently, but recruitment is underway. The committee is looking at our policies, procedures, and bylaws to see where any revisions need to be made.
4. Staff Relations Committee – The staff relations committee is committed to making sure that the staff at KSU can get food delivered to them from the café in the event they are not able to physically go and eat. The committee is also working on incorporating a mentoring program which will help students to better themselves and have the opportunity to get connected with staff on campus.

Important Action Items and Issues

1. I (President Alexander) am working diligently to get a Civility Clause put in place in order to protect staff from any incidents with students or their parents. Currently, to my knowledge, there are no policies or clauses put in place to prevent these reoccurring issues from happening across campus.
2. The senate is working to get the sick time share posted on KSU news. This will help staff know who has the sick leave in their sick time bank to donate to another staff members if there is a need.
3. We are working with SODEXO to get food delivered to staff around campus. Current issues being faced include not having enough staff members or reliable students to deliver food and difficulty in getting the scanning system up and running.
4. Staff are being overworked & underpaid. Staff members are taking on multiple jobs to keep certain departments afloat due to shortages of staff in the workplace. Staff members are not being paid for doing these jobs but are becoming more stressed.
5. Holidays that have were on the calendar have now been taken off and those off-days were used for staff to re-group and come back refreshed.

INFORMATION ITEMS (UNIVERSITY UPDATES)

KENTUCKY STATE UNIVERSITY

Finance and Administration Update

Quarterly Meeting of the Board of Regents for Kentucky State University

Dr. Gerald Shields, Interim Chief Financial Officer

October 12, 2022

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• Section 1: 2022 Financial Aid Trends and Student Outstanding Balances, and Actions Taken to Address Outstanding Student Account Balances
• Section 2: Fall 2022 Enrollment Update
• Section 3: New Residence Hall Update
• Section 4: Update FY 2021 and FY 2022 Audit Preparation and Business Office Staffing
• Section 5: FY 2023 Financial Update
• Section 6: ARGI Investment Statements - July & August 2022

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Disclaimer

• Data for this presentation is drawn from the Registration Report prepared by Institutional Research as of September 26, 2022. As such, data will change as accounts are rectified.

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Section 1: 2022 Financial Aid Trends and Student Outstanding Balances, and Actions Taken to Address Outstanding Student Account Balances

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Trends in Financial Aid FY21 & FY22

佃曲曲

KENTUCKY STATE UNIVERSITY®

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Continued Trends in Financial Aid - FY23TD

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2022 Undergraduate Student Outstanding Balances by Classification & Amount

Student balances in excess of $3,500 includes:

• Students that have not accepted financial aid package
• COVID
• Eastern Kentucky Floods

KSU is attempting to support our students in various efforts.

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2022 Graduate Student Outstanding Balances by Type and Amount – as of 9/26/2022

Payroll deductions & Veterans Benefits have not posted yet

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Total Outstanding Balances by State

Total Outstanding Balances = $2,120,839

UG – Undergraduate

GR - Graduate

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Efforts by the University to Reach Students with Outstanding Balances

• Moderate Response from Students with Balances & Offered Loans
• Financial Aid Notifications via WIRED (student portal)
• Call Campaign – Family Scholar House 09/10-12/22 ■ 434 Calls made, 103 Answered, 207 Voice Mails ■ 71% Success Rate
• Personal Emails from Bursarmail and Finaidmail
• Announcements Campus wide via Thorobred Central

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Actions Taken to Address Outstanding Student Balances

Students with Outstanding Balances After Accepting Their Financial Aid Package• Referring students meeting University GPA guidelines to the KSU Foundation for Support (Highest to Lowest GPA)• Use 90K to reduce/clear payment plan balances (managed internally & separately by Endowment funding)• Proposed: 2022 Program for Student Enrollment Support Students with Outstanding Balances that Have Not Accepted Their Financial Aid Package• Suspend access to Dining Hall (On Campus) today• Suspend access to Blackboard (Off Campus) today

Other efforts include:• Loans offered w/ balances• Payment Plans• Students Authorizing Work-Study Deductions• Payroll Deductions

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Section 2: Fall 2022 Enrollment Update

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Budgeted Enrollment Headcount

Fall 2022 Enrollment

As of Census date (EOD 9/30/2022)

Full-Time Equivalent (FTE)

A single value providing a meaningful combination of full-time and part-time students. Full-time equivalent enrollments are calculated using the following formula.

(Undergraduate student credit hours/15) + (headcount of medical, dental, and pharmacy students) + (headcount of doctoral dissertation students, post-doctoral students, and housestaff) + (all other graduate SCH/12) KENTUCKY STATE UNIVERSITY KYSU.EDU

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Section 3: New Residence Hall Update

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New Residence Hall Update

Expected Occupancy: Late January 2023

Technology Wireless access points Security Cameras

20 Washers & 20 Dryers to be ordered and delivered by December 2022

Explore Name of New Residence Hall – TBD Due November 2022

Parking Lot

Options

Name of New Residence Hall – TBD Due November 2022

Furniture

Installation after Winter Break

Section 4: Update FY 2021 and FY 2022 Audit Preparation and Business Office Staffing

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2022 Audit Support Update

September 28, 2022

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Business Office Personnel Challenges

Vacancies in these departments:

• Purchasing (2 positions) - Impacts purchase orders, scheduling logistics, receivership in equipment and supplies.
• Financial Aid (2 positions) – Impacts awarding & reporting funds, deadline processing.
• Accounting (4 positions) – Impacts accounts receivables, payables, reconciliations, collections.
• Payroll (1 position) – Bi-weekly and monthly payroll processes.
• Bursar (2 positions) – Financially clearing, and student receivables.

FINANCE & ADMINISTRATIVE STAFF CURRENTLY REVAMPING CHART OF ACCOUNTS – 2WK TRAINING WITH ELLUCIAN

1 NEW HIRE IN GRANT ACCOUNTING & 1 NEW HIRE FOR CONTROLLER POSITION

TOTAL FINANCE & ADMINISTRATIVE EMPLOYEES - 60

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Section 5: FY 2023 Financial Update

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FY 2023 E&G Sources of Revenue

* Actual scholarships and receivables will be posted after census date 9/30/2022

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FY 2023 Key Program Expenditures

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FY 2023 Expenditures Major Object Categories

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DAYS OF CASH ON HAND (Unrestricted Funds – August 2022)

USING FY21 OPERATING EXP LESS DEPRECIATION OF $305,469 CPE DECIDED TO USE EST OF $200,000k

DAYS CASH ON HAND 47

* Protiviti FY21 Draft of Unaudited Financial Statement KENTUCKY STATE UNIVERSITY

** Daily operating expenses slightly higher than CPE's estimate of 200,000.00k KYSU.EDU

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Page 75 of 155

Kentucky State University Statement of Activities – Restricted & Unrestricted as of August 31, 2022

TOTAL REVENUES: (Decrease) $ 17,341,785 $ 33,332,309 $ (15,990,524) -48%

Page 76 of 155

EXPENDITURES:

Weekly Operating Cash Position Report - 08/29/22 Page 77 of 155

Fifth Third Accounts $ 7,783,042.84

Outstanding Checks $ (1,087,459.62)

Total Cash Available $ 6,695,583.22

AVAILABLE CASH (minus drawdown)

Draw Downs

Revenue Anticipation Loan

$ -

Net Position (outstanding st receiv) $ (9,828,418.00)

Total Cash $ 26,201,842.91

MONTHTLY PAYROLL

Employee Deductions $ (240,113.35)

Federal Taxes $ (57,271.00)

$ (111,638.00)

$ (154,412.54)

Total Payroll $ (851,728.11)

$ 6,695,583.22

Student Receivables $ 12,810,676.47

HEERF Funds $ 12,810,676.47

Employer Deductions $ (345,564.22)

$ (585,677.57)

State Taxes $ (18,557.00)

Local Taxes $ (35,810.00)

Checks and Deposits - Net $ (154,412.54)

Page 79 of 155

Section 6: ARGI Investment Statements - July & August 2022

KYSU.EDU

ONWARD. UPWARD. #KSUFORWARD

MONTHLY STATEMENT

YOUR INDEPENDENT ADVISOR

ARGI INVESTMENT SVCB LLC 2201 HIGH WICKHAM PLACE LOUISVILLE KY 40245

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INFORMATION & NEWS

Go Paperless!

Going paperless is easy. All you have to do is log in to AdvisorClient.com, create a unique user ID, password and update your preferences from paper to e-delivery. SUMMARY OF HOLDINGS (does not represent an asset allocation)

CHANGE IN ACCOUNT VALUE

SUMMARY OF HOLDINGS (does not represent an asset allocation)

Market Appreciation/Depreciation

The change in value of investments due to the market establishment of their world, which is separate from value added by corporate actions (such as the insurance of dividend or interest payments) and your own additions or withdrawals.

Other Income or Expense

Miscellaneous expenses including management fees, as well as TO Amendable fees (such as for wire transfer or returned check) and/or miscellaneous income credited to the account such as a margin interest adjustment, royalties, etc.

Fixed Income Included

Corporate, Municipal, Agency, Treasury, CMOs, CDOs

Filed Income includes: Corporate, Municipal, Agency, Treasury, CIMO, CDE, Structured Products, etc.

Questions about reading your Statement - Contact us: (500) 431-3500 Accounts carried by TD Ameritrade Clearing, Inc., Member SIPC

0007 TDA7B002 00045

MONTHLY STATEMENT

Reporting Period: August 1 - 31, 2022

ACCOUNT SUMMARY

Page 81 of 155

Account 943-130529 KENTUCKY STATE UNIVERSITY ATTN DOUGLAS R ALLEN II NON-PROFIT ORGANIZATION

Total Account Value: $19,324,107.64

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INFORMATION & NEWS

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CHANGE IN ACCOUNT VALUE

SUMMARY OF HOLDINGS (does not represent an asset allocation) SUMMARY OF HOLDINGS (does not represent an asset allocation)

Market Appreciation/DepreciationThe change in value of investments due to the market assessment of their worth, which is separate from value added by corporate actions (such as the issuance of dividend or interest payment) and your own additions or withdrawals.

Other Income or ExpenseMiscellaneous expensesIncluding management fees, as well as TD Amortable fees (such as for wine transfer or returned check) and/or miscellaneous income credited to the account such as a margin interest adjustment, royalties, etc.

Fixed Income IncludedCorporate, Municipal, Agency, Treasury, CMOs, CDOs, Structured Products etc.

Questions about reading your Statement - Contact us. (800) 431-3500 Accounta carried by TD Ameritrade Clearing, Inc., Member SIPC

001410 TLA2003 012817

Kentucky State university Board of Regents Division of Academic Affairs Information Items

October 12, 2022

IN ALL THINGS EXCELLENCE Kentucky State University is an equal educational and employment opportunity/affirmative action institution. Page 83

IN ALL THINGS EXCELLENCE Kentucky State University is an equal educational and employment opportunity/affirmative action institution. Page 84

ACTION ITEMS

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of revisions to the Fall 2022 Faculty Evaluation Process.

FACTS:

The revised Fall 2022 Faculty Evaluation Process will be the basis for subsequent annual evaluations and will factor into promotion, tenure, and reappointments, as well as post-tenure review processes for tenured and tenure-track faculty. Also, the evaluation process for term faculty will be standardized across academic programs.

Future faculty performance evaluations will require faculty to provide planned performance objectives for the academic year. Once the objectives are approved based on University and discipline-level requirements, they will serve as the basis for the performance evaluation of faculty.

The revised evaluation process assesses the performance of tenured, tenure-track, and term faculty. The revised evaluation process requires documented evidence for the evaluation of faculty performance in teaching, research, and service.

BUDGETARY IMPLICATIONS:

Not applicable.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the revised faculty evaluation process for Fall 2022.

MOTION:

Approve the revised Fall 2022 Faculty Evaluation Process.

Academic Affairs

Table of Contents

Academic Regulation: Evaluation of Faculty 2022-2023 ..... 1 Executive Summary ..... 1 Statement ..... 4 Entities Affected ..... 5 Principles ..... 5 Criteria ..... 5 Procedures ..... 6 Definitions ..... 8 Responsibilities ..... 9 HB 250 All Faculty Evaluation Calendar 2022-2023 ..... 10

Academic Regulation: Evaluation of Faculty 2022-23

Executive Summary

In accordance with House Bill 250, Section 1(g), a revised faculty evaluation process has been developed for implementation in Fall 2022. The principles that govern the revised evaluation process are as follows:

■ Fairness

Accountability

Clarity

Transparency

The Fall 2022 revised faculty evaluation process will be the basis for subsequent annual evaluations and will factor into promotion, tenure, and reappointments, as well as post-tenure review processes for tenured and tenure-track faculty. Also, the evaluation process for term faculty will be standardized across academic programs.

Future faculty performance evaluations will require faculty to provide planned performance objectives for the academic year. Once the objectives are approved based on university and discipline-level requirements, they will serve as the basis for the performance evaluation of faculty.

The revised evaluation process assesses the performance of tenured, tenure-track, and term faculty. The revised evaluation process requires documented evidence for the evaluation of faculty performance in teaching, research, and service. Applicable procedures and timelines for the revised evaluation process are listed below:

1. Faculty are required to submit evidence of their Fall 2022 teaching, research, and service performance in dossiers to their Chairs by January 13, 2023, along with their planned performance objectives for Spring 2023.
2. The Chair evaluates faculty Fall 2022 performance and discusses and approves faculty Spring 2023 planned performance objectives in accordance with the university's standards for teaching and learning, research and creative artifacts, and service.

3. After completing the faculty performance assessment for Fall 2022 and the faculty planned performance objectives for Spring 2023, the Chair will meet with each faculty member to discuss the evaluation and the Spring 2023 performance plan. The faculty member will have the opportunity to respond to the evaluation in writing and sign the evaluation.
4. By February 6, 2023, the Chair will send to the Dean the complete faculty evaluation package, which consists of the dossier, the Chair's evaluation, the faculty member's response, and the approved Spring 2023 planned performance objectives.
5. The Dean will review the faculty evaluation package provided by the Chair. If the Dean does not agree with the Chair's assessment of the faculty member's performance for Fall 2022 or the approved Spring 2023 planned performance objectives, the Dean shall state in writing the reasons for the differing recommendation.
6. The Dean will notify the faculty member in writing of the Dean's decision no later than February 22, 2023. A copy of the Dean's letter will be sent to the faculty member and the Chair. The faculty member may respond to the Dean's decision in one of the following ways:
7. Accept the Dean's decision. The report is then forwarded to the Provost.
8. File a statement, including supporting documentation, to be appended to the faculty member's evaluation package. This statement shall be submitted to the Dean within five days of receipt of the decision.
7. The Dean will send the faculty member's evaluation package along with the Dean's letter to the Provost by February 27, 2023.
8. The Provost will review the complete evaluation record (consisting of the faculty member's evaluation package, the Dean's letter, and the faculty member's statement), make a final determination, and, in writing, inform the Dean, the Chair, and the faculty member of the Provost's decision.
9. Faculty with areas of unsatisfactory performance will be required to develop a performance improvement plan that will be reviewed by the Chair and approved by the Dean.
10. The Provost will review the complete evaluation record (the faculty's evaluation package, the Dean's letter, and the faculty's statement) and make a final determination and inform in writing the Provost's decision to the Dean, the Chair,

and the faculty member.

• 11. Faculty with areas of unsatisfactory performance will be required to develop a performance improvement plan that will be reviewed by the Chair and approved by the Dean.

KENTUCKY STATE UNIVERSITY

Academic Regulation: Responsible Office(s): Provost, Deans, Schools Effective: October 12, 2022

Academic Regulation: Evaluation of Faculty 2022-23

Statement

Pursuant to HB 250 Section 1(g), effective April 8, 2022, the following process regarding a faculty review (Fall 2022) of term, tenured and tenure-track faculty at Kentucky State University is hereby adopted, effective October 12, 2022.

As stated in subparagraph 2 of Section 1(g), “The process shall ensure a consistently high level of employee performance and shall include, but not be limited to, assessments by peers, students, and administrators. In addition to evaluating an employee’s growth, accomplishments, and skills, the process shall be used to identify deficiencies and ineffectiveness and redirect employee efforts to improve or increase productivity. The process shall be used as a basis for decisions on continued employment, promotion, salary increases, tenure and maintenance of tenure; . . . the review process for tenured faculty shall include an evaluation of teaching effectiveness, research body of work, overall commitment to the mission of the university, and other criteria determined by the board and the council.”

The process of determining a faculty member in “good standing” shall be based on documented and verifiable evidence as outlined in the Kentucky State University Faculty Handbook (2019) by discipline using benchmarks.

Based on the HB 250 mandate, Kentucky State University’s new process addressing the Fall 2022 evaluation of faculty ensures that processes are clearly articulated and published and are available to all persons in the university community. The process respects the uniqueness of disciplines within the university and provides appropriate, professional, and flexibility at College and School levels.

Entities Affected

College and University-level Administrators

■ Schools

Tenured Faculty

Tenure-Track Faculty

Term

■ Provost

Principles

The review process at each administrative level shall include appropriate evaluations of performance in teaching, scholarship, and service. The evaluation shall be a part of the individual's evaluation file housed in the Office of Academic Affairs and Human Resources, with a copy to the faculty member, Chair, and Dean.

The review process at each level shall be limited to professionally relevant considerations and shall include documented evidence of performance from the faculty member, students, other faculty, and College- and University-level administrators. The documented evidence shall be a part of the individual's evaluation dossier.

Criteria

Faculty shall be evaluated on their teaching, research, and service performance for the Fall 2022 term using established discipline guidelines. This HB 250 mandate stipulates a review process that will include all tenured, tenure-track, and term faculty.

In reviewing all three areas of faculty performance (quality of teaching effectiveness, quality of professional growth and scholarly achievement, and quality of service and community contribution), faculty appointments that are reassigned to the administration, library, research or extension will be evaluated according to their annual contracts and distribution of effort agreements. Faculty may include scholarly achievements from Fall 2020 to Fall 2022 in the professional growth and scholarly achievement category only.

Academic discipline areas may articulate expectations that go beyond the minimums to meet professional accrediting and/or certification criteria. If these are in addition to the published benchmarks in the Faculty Handbook (2019), the additional measures would also need to be presented to the Dean and Provost for approval.

Procedures

Conducting Evaluations for Tenured, Tenure-Track, and Term Faculty

General Guidelines for Evaluations:

1. All evaluations will be conducted in an ethical manner, with recommendations and justifications, based upon relevant documented and verifiable information.
2. Administrative reviewers (Chair, Dean, and Provost) will ensure that Fall 2022 evaluation recommendations are consistent with the goals and needs of the University, as well as the areas within their scope of responsibility.
3. The faculty member will review the Distribution of Effort Agreement (DEA) submitted in April 2022 for the Fall 2022 term with the Chair by October 31, 2022. Adjustments needed to reflect Fall 2022 actual effort assignments for the faculty member will be reviewed and approved by the Chair and Dean.
4. Faculty are required to submit evidence of their Fall 2022 teaching, research, and service performance in dossiers to their Chairs by January 13, 2023, along with their planned performance objectives for Spring 2023. The performance areas will contain three categories: (1) Evidence of Quality Teaching Effectiveness, (2) Evidence of Quality Professional Growth and Scholarly Achievement, and (3) Evidence of Quality Service and Community Contribution.
5. The performance evaluation item ratings are scored as follows:
6. Exceeds Expectations (3)
7. Meets Expectations (2)
8. ■ Fails to Meet Expectations (1)
9. Faculty with predominantly administrative, research, extension, or library appointments will be weighted according to the faculty member's approved DEA.
5. Term faculty (temporary, non-tenure track) will only be evaluated according to the DEA and term contract(s) executed for Fall 2022 in reference to the evaluation of (1) Quality Teaching Effectiveness and (2) Quality Service and Community Contribution.
6. The Chair evaluates faculty Fall 2022 performance and discusses and approves faculty Spring 2023 planned performance objectives in accordance with the University's standards for teaching and learning, research and creative artifacts, and service.

7. After completing the faculty performance assessment for Fall 2022 and the faculty planned performance objectives for Spring 2023, the Chair will meet with each faculty member to discuss the evaluation and the Spring 2023 performance plan no later than February 1, 2023. The faculty will have the opportunity to respond to the evaluation in writing and sign the evaluation.
8. The faculty member may respond to the evaluations and the recommendations by performing one of the following:
9. a.Accept the Chair's evaluation. Then, the report will be forwarded to the Dean.
10. b.File a statement, to include supporting documentation, which will be appended to the evaluation. The statement will be submitted to the Chair within five days of receipt of the evaluation.
9. The Chair will then send the complete faculty evaluation package, which consists of the dossier, the Chair's evaluation, the faculty's response, and the approved Spring 2023 planned performance objectives to the dean by February 6, 2023.
10. The Dean will review the faculty evaluation package provided by the Chair. If the Dean does not agree with the Chair's assessment of the faculty member's performance for Fall 2022 or the approved Spring 2023 planned performance objectives, the Dean shall state in writing the reasons for the differing recommendation.
11. The Dean will notify the faculty member in writing of the Dean's decision no later than February 22, 2023. A copy of the Dean's letter will be sent to the faculty member and the Chair. The faculty member may respond to the Dean's decision in one of the following ways:
12. a.Accept the Dean's decision. The report is then forwarded to the Provost.
13. b.File a statement, including supporting documentation, to be appended to the faculty member's evaluation package. This statement shall be submitted to the Dean within five days of receipt of the decision.
12. The Dean will send the faculty's evaluation package along with the Dean's letter to the Provost by February 27, 2023.
13. The Provost will review the complete evaluation record (the faculty member's evaluation package, the Dean's letter, and the faculty member's statement), make a final determination, and, in writing, convey the Provost's decision to the Dean, the Chair, and the faculty member.
14. Faculty with areas of unsatisfactory performance will be required to develop a performance improvement plan that will be reviewed by the Chair and approved by the Dean.

Definitions

Calendar Day will be defined as a date no later than the specified number of calendar days following the day of notification. If the final calendar day occurs on a weekend or holiday, the due date will be on the first day on which University administrative offices are open. The time for response may be extended upon agreement by both parties.

Collegiality is the ability of an individual to interact with colleagues with civility and professional respect; to engage in shared academic and administrative tasks productively with faculty, students, and staff. Collegiality should not be confused with sociability or likability but rather is the professional criterion relating to teaching, scholarly/creative activities, and service.

Confidentiality is the principle of limiting access to information or documents only to those persons authorized to have such access. Documents and communications in the evaluation, tenure, and promotion processes will be kept confidential to the extent permitted by law.

Term Faculty refers to an instructor, replacement for a regular faculty member, person on short-term assignment, lecturer, and visiting faculty member.

Full-time Tenure -track Faculty describes a faculty member employed full-time who is tenured, eligible for tenure, or in a pre-tenure probationary period.

Provost refers to the Chief Academic Officer or his/her designee.

Dean refers to an administrative faculty member who oversees a college where schools are housed and who reports to the Provost.

Chair refers to an administrative faculty member who oversees a school where majors and programs are housed and who reports to the respective college Dean.

Unit/School refers to the academic programs that reside under one Chair within a college.

Responsibilities

Chair/Unit Administrator

At a minimum, the Chair/Unit Administrator is responsible for the following:

informing the faculty of policies, procedures, and criteria for the Fall 2022 faculty performance evaluation

conducting the school/unit level review and evaluation as outlined in this policy specific to the timeframe directed herein regarding HB 250

making recommendations to the Dean regarding faculty performance

College Dean

At a minimum, the College Dean is responsible for the following:

■ notifying the faculty in writing of such decisions

ensuring all evaluation materials are submitted to the Provost in a timely manner

Faculty Member

At a minimum, the faculty member being evaluated is responsible for the following:

• knowing and adhering to the principles and criteria set forth in this policy
• submitting a dossier and other applicable materials by the established University deadline

Provost

At a minimum, the Provost is responsible for the following:

ensuring the criteria applied in the evaluation are consistent with the terms of agreement established in writing at the faculty member's initial appointment in a tenure-track position

■ making decisions on cases of appeal

HB 250 ALL FACULTY EVALUATION CALENDAR 2022-2023

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of the restructuring of the Division of Student Engagement and Campus Life to reorient the focus of Student Services.

FACTS:

Historically, student affairs professionals have been concerned with developing the "whole student," which includes a student's intellectual capacity, emotional health, physical wellness, social relationships, vocational interests, moral values and citizenship, economic resources, and interpersonal skills. Student affairs activities have changed over time, yet the basic tenets of outreach and helping students reach their full potential have remained constant.

The Student Services Division at KSU is a collection of campus services to support students and promote academic success. Departments in the Division focus on student success and growth, ensuring students are equipped to thrive in the KSU learning environment.

Currently, the Division is limited to functions relating only to student engagement. The Division will be restructured to refocus Student Services on creating intentionality in the conditions that enhance student learning and development, thereby encouraging student commitment to educationally purposeful activities both inside and outside of the classroom. Enrollment Services, Student Success, and the Office of the Dean of Students will be housed under the auspices of Student Services following the reorganization.

Enrollment Services:

The Enrollment Services Division at Kentucky State University will provide the support necessary to move prospective students from the applicant phase to the enrolled phase of their journeys. Offices inclusive of Admissions, Financial Aid, Scholarships, Testing, and Orientation will be housed under the umbrella of Enrollment Services.

Student Success:

The Student Success Division at Kentucky State University will provide outreach and intervention services to ensure the persistence, retention, and success of students.

The Federal Title III and TRIO Student Support Services Grant funds many of the program activities in the Student Success Division. Title III helps eligible IHEs become self-sufficient and expand their capacity to serve low-income students by providing funds to improve and strengthen academic quality and by ensuring educational learning environments are adequate.

Student Engagement and Campus Life

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

The Federal TRIO SSS aims to increase the retention and graduation rates of its participants and to help students transition from one level of higher education to the next. TRIO SSS programs provide opportunities for academic development and assist students with basic college requirements. Further, the staff motivates students to complete their postsecondary educations successfully.

The restructured Student Success Division at KSU will house various granted-funded programs and services to support the persistence and retention of students. The Offices of College Advising, Career Services, Retention, Student Support Services, and Upward Bound and Counseling will all be under the auspices of Student Success.

Office of the Dean of Students:

The Office of the Dean of Students supports the academic and co-curricular missions of the University through student advocacy, services, and programs that promote students' general welfare and foster a campus climate conducive to learning and responsible citizenship.

The primary goals of the Office of the Dean of Students are to provide opportunities for personal development, encourage wellness among students, protect students' rights, and promote citizenship and ethical behavior. In addition, the restructured KSU Office of the Dean of Students will provide a variety of services in support of students, including Campus Life and Greek Affairs, Residence Life, Student Conduct Services, Student Ombudsman, Disability Services, Clery Reports, and Health Services. These services will help create and promote a safe and vibrant campus community.

BUDGETARY IMPLICATIONS:

New roles will be created because of the restructuring. Although it is anticipated that the consolidation of roles will reduce some salary expenses, funds will be used to hire new employees.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Board of Regents approves the restructuring of the Division of Student Engagement and Campus Life.

MOTION:

Approve the restructuring of the Division of Student Engagement and Campus Life.

Student Engagement and Campus Life

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of a competitive bid process to secure the services of an Enrollment Management Firm.

FACTS:

Given the pressures on institutions to maximize revenue, and the attention given to enrolled students' characteristics, enrollment services will be an essential administrative focus at KSU. To support KSU in obtaining enrollment targets, the University will secure the services of an Enrollment Management Firm to assist with creating and implementing a 2023–2024 Comprehensive Enrollment and Recruitment Plan. Additionally, several nationally renowned, reputable firms will be interviewed before the end of the 2022 fiscal year.

BUDGETARY IMPLICATIONS:

The Enrollment Management Firm will be selected through a competitive bid process. The anticipated cost of the Firm’s services will be greater than $10,000 but less than $50,000.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Board of Regents approves the use of the competitive bid process for the purpose of securing the services of an Enrollment Management Firm.

MOTION:

Approve the use of a competitive bid process to secure the services of an Enrollment Management Firm.

Student Engagement and Campus Life

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM 11D

ACTION ITEM:

Approval to spend authorized HEERF Funds to reduce current students' debt to Kentucky State University.

FACTS:

The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, was passed by Congress on March 27, 2020. This bill allotted $2.2 trillion to provide fast and direct economic aid to American people negatively impacted by the COVID-19 pandemic. Of that money, approximately $14 billion was given to the Office of Postsecondary Education as the Higher Education Emergency Relief Fund, or HEERF. The Department of Education authorized $19,814,253 to Kentucky State University, of which $7,541,301 currently remains available until October 30, 2023.

The University seeks approval to spend a portion of these funds on reducing the debt enrolled students owe to the institution.

BUDGETARY IMPLICATIONS:

The University will use approximately $1.8 million to increase institutional aid to currently enrolled students with debt obligations to Kentucky State University.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the use of HEERF funds for the creation of student scholarship awards.

MOTION:

Approve the use of unspent HEERF funds for the creation of student scholarship awards.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of Internal Auditor Contract.

FACTS:

The University’s Internal Auditor provides services to all entities and subsidiaries of the University concerning the evaluation of risk management, control, and governance processes. The Internal Auditor assists Kentucky State University’s Board of Regents and all University community members in complying with policies and procedures and upholding the highest standards of business conduct. Organizationally, the Internal Auditor will report to the Kentucky State University Board of Regents. Administratively, it may report to the President, at the discretion of the Board of Regents.

The University is now in the process of procuring the services of an Internal Auditor through a competitive bid/procurement process. As of October 4, 2022, two accounting firms have submitted bids for the Internal Auditor Personal Service Contract. Kentucky State University will award the successful firm a contract.

The University seeks approval for an Internal Auditor Contract.

BUDGETARY IMPLICATIONS:

The University has included the services of an internal audit firm in its annual budget.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves an Internal Auditor Personal Service Contract.

MOTION:

Approve an Internal Auditor Contract.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of External Auditor Contract.

FACTS:

Pursuant to Kentucky Revised Statute 164A.170, the University must complete an annual report and audit.

Beginning in September 2017, Crowe LLP (formerly known as Crowe Horwath LLP) served as the University's independent external auditor. Crowe LLP continued to serve in that role through June 30, 2022, at which point the contract expired according to its terms. The University is now attempting to procure the services of a new independent external auditor through a competitive procurement process. The University seeks approval of an external auditor contract for the purpose of completing its audits for fiscal years 2021 and 2022. The amount KSU will owe under the contract shall not exceed $300,000.00.

BUDGETARY IMPLICATIONS:

The University has included the completion of the annual report and audit in its budget.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves an external auditor contract.

MOTION:

Approve an External Auditor Contract.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM 11G

ACTION ITEM:

Approval of competitive bid process to secure the services of an accounting consulting firm.

FACTS:

Kentucky State University needs professional assistance in hiring new staff members and training new and existing staff on various activities relating to accounting, budgets, payroll, data processing, and other procedural and internal controls. The organization also lacks the competencies to prepare monthly bank reconciliations and forecasts on cash flows, budget execution, and key performance indices.

The institution will issue a request for proposal seeking the services of a qualified consulting firm.

BUDGETARY IMPLICATIONS:

The cost of consulting services will be paid out of Title III and HEERF funds; therefore, there will be no budgetary costs to the E&G funds. The estimated range of costs is $260,000–$300,000.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the request to seek the services of a professional accounting consulting firm.

MOTION:

Approve the competitive bid process to procure a professional accounting consulting firm.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of Declaration of Emergency Relating to Facilities, Maintenance, and Custodial Services, Pursuant to KRS 45A.095(1)(a).

FACTS:

Much of the campus is in a serious state of disrepair. Despite numerous attempts by University staff to mitigate and manage the numerous facilities, maintenance, and custodial issues that exist, sufficient progress has not been made. These issues are not just cosmetic; they pose a serious threat to the integrity of campus buildings and therefore the health and safety of students, faculty, and staff. Therefore, the University requests the Board of Regents to declare the existence of an emergency condition.

Pursuant to KRS 45A.095(1)(a), an emergency condition is “a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events.” The University contends that the state of campus facilities meets the definition of that statute. The effect of a declaration is that the University would then be permitted to contract for facilities, maintenance, and custodial services through noncompetitive negotiation, pursuant to KRS 45A.380 and KRS 45A.095(2)(c). Noncompetitive negotiation would allow the University to quickly and directly negotiate a contract with a company that has the requisite knowledge and experience to assist in addressing long-needed facilities, maintenance, and custodial needs.

BUDGETARY IMPLICATIONS:

None. The declaration of emergency does not force the University into a binding agreement with any contractor. Therefore, there are no budgetary costs associated with the declaration.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves a declaration of emergency relating to facilities, maintenance, and custodial services.

MOTION:

Approve the declaration of emergency.

Finance and Administration

Finance and Administration Academic Services #202 | 400 East Main Street Frankfort, KY 40601 | (502) 597-6343 KYSU.EDU

MEMORANDUM

An emergency condition exists with respect to campus facilities (per KRS 45A.095(1)(a)). This emergency condition represents a serious threat to the health and safety of those who live, work, and/or visit the University's campus.

Given the serious nature of the threat, the University’s needs cannot be met through normal procurement methods. The University, therefore, now requests the Board of Regents to declare that an emergency exists. By declaring such an emergency, the University would be able to proceed with a non-competitive contract negotiation, which would result in a contract with a company that has the experience and expertise to support KSU in efforts to address its facility needs.

The University states as follows in support of this request:

OVERVIEW:

University facilities are in a serious state of disrepair. Over the last few years, University staff members have attempted to mitigate and manage the numerous issues relating to the University's physical infrastructure.

IDENTIFICATION OF UNIVERSITY'S PROBLEMS:

Under the guise of saving money, the University has engaged in what can be best described as “breakdown maintenance,” which means that nothing is done to a piece of equipment until it breaks down. Breakdown maintenance defers repairs and allows damage to accumulate, thus compounding the University’s problems.

SOURCE OF UNIVERSITY'S PROBLEMS:

Maintenance entails much more than just fixing problems. A well-designed facility management system generally encompasses four categories of maintenance: emergency (response) maintenance, routine maintenance, preventive maintenance, and predictive maintenance. A good maintenance program is built on a foundation of preventive maintenance. It begins with an audit of the buildings, the grounds, and the equipment. Once facilities data has been gathered, structural items and pieces of equipment can be

selected for preventive maintenance. Once the items have been selected by planners for preventive maintenance, planners must then decide on the frequency and type of inspections. Once the information is assembled, it must be formatted so that preventive maintenance can be scheduled.

Not only does the University lack such a facility management system, it lacks the staff necessary to build and maintain such a system.

The University has the following individuals on staff:

Painter

Plumber

Electrician

The University has recently lost:

Facilities Director Health, Safety, & Environmental Manager Work Order Clerk

The absence of a well-designed facility management system, the loss of key University staff, and the serious disrepair of University facilities have culminated in a serious University emergency in the area of maintenance.

PROPOSED SOLUTION:

Contract with one company capable of handling all University needs in the area of maintenance, grounds, and custodial services. The company would provide:

1) A leadership team

• Director of Facilities: Lead all efforts
• Custodial Manager: Hire and lead onsite team
• Grounds Manager: Develop campus strategy and manage services
• Operations Manager: Manage HVAC and Roofs
• Project Manager: Serve as University's representative on the new residence hall and capital improvement plan

2) Systems implementation, management, maintenance, and training

• Work Order System
• Asset Management Program
• Facilities Condition Assessment
• Development of a deferred maintenance plan for HVAC, Plumbing and Electrical
• Implementation of Building Automation System
• Site Management System

3) Program Manager

• Act as Owner's Representative on the current residence hall under construction
• Manage Master Plan Process
• Develop the deferred maintenance plan
• Conduct Roof Assessment process

4) Supplemental workforce

• Trained employees
• Background checks
• Drug testing
• Personal protective equipment
• Uniforms
• Subcontracting when necessary to meet workforce needs

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of the use of USDA grant funds to partially replace the HVAC system in the Fish Nutrition Laboratory of the Aquaculture Research Center of the KSU Land Grant Program.

FACTS:

The Kentucky State University Land Grant Program supports research programming in the area of aquaculture nutrition. The Fish Nutrition laboratory is a 3,500-square-foot building that contains a wet laboratory for aquarium studies, a feed preparation/water quality laboratory, office/computer space, and an analytical laboratory. Consistent temperature control is particularly important in the wet lab portion of the building to ensure the integrity of the research.

To date, repairs have not been effective in restoring the HVAC system to the Fish Nutrition Laboratory. Federal USDA grant funds would be used to pay for a partial replacement of the HVAC system. Procurement and renovations would be completed through the Commonwealth of Kentucky's Division of Engineering and Contract Administration (DECA). All renovations and repairs will also require prior USDA approval.

BUDGETARY IMPLICATIONS:

We are requesting permission to use $100,000 in federal USDA research grant funds for a partial replacement of the HVAC system, which has continued to malfunction in the Fish Nutrition Laboratory.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the use of USDA funds for the partial replacement of the HVAC system in the Fish Nutrition Laboratory.

MOTION:

Approve the use of USDA funds for the partial replacement of the HVAC system in the Fish Nutrition Laboratory.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of payment of SERVPRO invoice.

FACTS:

The University experienced an internal water leak that resulted in flooding inside Hathaway Hall approximately two weeks before the beginning of the Fall 2022 semester. The University immediately filed a claim with the Commonwealth of Kentucky's Division of State Risk and Insurance Services (Division). As part of the claims process, University staff provided the Division an estimate for the cost of repair in the amount of $66,235.68, which was calculated by SERVPRO, an approved state contractor. The Division then gave the University approval to move forward with the emergency repairs.

SERVPRO has now completed the repairs, and the University is seeking approval from the Kentucky State University Board of Regents to pay the vendor. Once the University has paid the vendor, the University will be able to submit its claim for reimbursement to the Division, less the University's $5,000.00 deductible.

The University complied with all applicable state laws and University procurement policies and procedures as it relates to procuring the services of SERVPRO.

BUDGETARY IMPLICATIONS:

The University will pay the SERVPRO invoice of $66,235.68, but it will be reimbursed $66,235.68, less the University's $5,000.00 deductible.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the payment of the SERVPRO Invoice.

MOTION:

Approve the payment of the SERVPRO invoice.

Finance and Administration

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

Client: Kentucky State University Hathaway Building Property: 400 E Main Street Frankfort, KY 40601

Operator: ARUARK.S

Estimator: Aaron Ruark Business: 731 Red Mile Road Lexington, KY 40504

Type of Estimate: Water Damage Date Entered: 8/15/2022

Date Assigned:

Price List: KYLX8X_AUG22

Labor Efficiency: Restoration/Service/Remodel

Estimate: KSU_HATHAWAY_RE

Business: (859) 225-3193

E-mail: aruark@servprolex.com

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

KSU_HATHAWAY_RE Ground Floor

Ground Floor

Total: Ground Floor

Height: 8'

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

	Storage Area/Room					Height: 8'
	345.33 SF Walls 453.53 SF Walls & Ceiling 12.02 SY Flooring 43.17 LF Ceil. Perimeter			108.19 SF Ceiling 108.19 SF Floor 43.17 LF Floor Perimeter
DESCRIPTION	QTY	REMOVE	REPLACE	TAX	O&P	TOTAL
285. Suspended ceiling tile - 2' x 2'	16.00 SF	0.00	8.75	1.40	28.28	169.68
Totals: Storage Area/Room				1.40	28.28	169.68

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

558.40 SF Walls 249.28 SF Ceiling

Hallway

Height: 8'

807.68 SF Walls & Ceiling 249.28 SF Floor

27.70 SY Flooring 69.80 LF Floor Perimeter

69.80 LF Ceil. Perimeter

69.80 LF Ceil. Perimeter

Height: 8'

457.33 SF Walls 670.81 SF Walls & Ceiling 23.72 SY Flooring 57.17 LF Ceil. Perimeter

213.47 SF Ceiling 213.47 SF Floor 57.17 LF Floor Perimeter

Subroom: Room5 (1)

969.01 SF Walls 900.62 SF Ceiling

110 He

Height: 8'

100.07 SY Flooring 121.13 LF Floor Perimeter

1,869.63 SF Walls & Ceiling 900.62 SF Floor

Level 1

121.13 LF Ceil. Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 110

106

Height: 8'

Totals: 106

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

108

492.44 SF Walls 723.91 SF Walls & Ceiling 25.72 SY Flooring 61.55 LF Ceil. Perimeter

Height: 8'

231.48 SF Ceiling 231.48 SF Floor 61.55 LF Floor Permit

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 108

Level 3

310" 24'2" 23'11" 971.05 SF Walls 903.02 SF Ceiling

313 Height: 8'

313 26'9" 100.34 SY Flooring 121.38 LF Floor Perimeter

1,874.06 SF Walls & Ceiling 903.02 SF Floor

34'11" 27'5" 121.38 LF Ceil. Perimeter

35'5"

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

124 Frazier Ct

CONTINUED - 313

729.03 SF Walls 523.21 SF Ceiling

312 Height.

Height: 8'

58.13 SY Flooring 91.13 LF Floor Perimeter

1,252.25 SF Walls & Ceiling 523.21 SF Floor

91.13 LF Ceil. Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

Totals: 308

309

Height: 8'

330.64 SF Walls 441.97 SF Walls & Ceiling 12.37 SY Flooring 41.33 LF Ceil. Perimeter

111.33 SF Ceiling 111.33 SF Floor 41.33 LF Floor Perimeter

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

124 Frazier Ct

CONTINUED - 309

Totals: 309

310

Height: 8'

344.00 SF Walls 459.39 SF Walls & Ceiling 12.82 SY Flooring 43.00 LF Ceil. Perimeter

115.39 SF Ceiling 115.39 SF Floor 43.00 LF Floor Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 310

Totals: 310

Height: 8'

1,410.01 SF Walls 2,181.14 SF Walls & Ceiling 85.68 SY Flooring 176.25 LF Ceil. Perimeter

771.13 SF Ceiling 771.13 SF Floor 176.25 LF Floor Perime

Hallway

395.43 SF Walls 158.18 SF Ceiling

311 Height: 8'

17.58 SY Flooring 49.43 LF Floor Perimeter

553.61 SF Walls & Ceiling 158.18 SF Floor

49.43 LF Ceil. Perimeter

DESCRIPTION

QTY REMOVE REPLACE TAX O&P TOTAL

231. Clean and deodorize carpet - heavy staining

158.18 SF 0.00 0.74 8.42 23.42 148.89

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 311

473.62 SF Walls689.32 SF Walls & Ceiling23.97 SY Flooring59.20 LF Ceil. Perimeter

311A Height

Height: 8'

Level 4

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

407G Height: 8'

366.67 SF Walls 497.96 SF Walls & Ceiling 14.59 SY Flooring 45.83 LF Ceil. Perimeter 131.29 SF Ceiling 131.29 SF Floor 45.83 LF Floor Perimeter

DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL

SU_HATHAWAY_RE 8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 407G

Totals: 407G

24.66

407F

Height: 8'

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct

Georgetown, KY 40324

Tax ID 61-1384429

502.570.8444

servpro10163@gmail.com

CONTINUED - 407F

Back Hall

Height: 8'

878.67 SF Walls 234.50 SF Ceiling

1,113.17 SF Walls & Ceiling 234.50 SF Floor

26.06 SY Flooring 109.83 LF Floor Perimeter

109.83 LF Ceil. Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

in Hall

411

Height: 8'

Totals: 411

22.95 143.82 878.22

412

Height: 8'

331.46 SF Walls 443.48 SF Walls & Ceiling 12.45 SY Flooring 41.43 LF Ceil. Perimeter

112.02 SF Ceiling 112.02 SF Floor 41.43 LF Floor Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 412

Level 2

214

Height: 8'

951.11 SF Walls 1,707.42 SF Walls & Ceiling 84.03 SY Flooring 118 89 LF Ceil Perimeter

756.31 SF Ceiling 756.31 SF Floor 118.89 LF Floor Perimeter

118.89 LF Ceil. Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 214

Totals: 214

213

716.00 SF Walls 1,154.63 SF Walls & Ceiling 48.74 SY Flooring 89.50 LF Ceil. Perimeter

105.87 753.22 4,579.61

Height: 8'

438.63 SF Ceiling 438.63 SF Floor 89.50 LF Floor Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

124 Frazier Ct

CONTINUED - 213

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

209

Height: 8'

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 211

Totals: 211

212

Height: 8'

336.15 SF Walls 451.09 SF Walls & Ceiling 12.77 SY Flooring 42.02 LF Ceil. Perimeter

114.94 SF Ceiling 114.94 SF Floor 42.02 LF Floor Perimeter

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

CONTINUED - 212

Totals: 212

Hallway

Height: 8'

Totals: Hallway

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

Hallway 2

Height: 8'

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct

Georgetown, KY 40324

Tax ID 61-1384429

502.570.8444

servpro10163@gmail.com

Aaron Ruark

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

Recap of Taxes, Overhead and Profit

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct

Georgetown, KY 40324

Tax ID 61-1384429

502.570.8444

servpro10163@gmail.com

Recap by Room

Estimate: KSU_HATHAWAY_RE

Area: Ground Floor 2,204.22 4.09%

OP3 1,576.35 2.93%

Storage Area/Room 140.00 0.26%

OP2 1,611.06 2.99%

Hallway 35.00 0.06%

Area Subtotal: Ground Floor 5,566.63 10.33%

Area: Level 1

110 3,108.24 5.77%

106 656.29 1.22%

108A 1,889.08 3.51%

108 2,134.80 3.96%

Area Subtotal: Level 1 7,788.41 14.45%

Area: Level 3

312 4,549.37 8.44%

308 2,211.65 4.10%

309 814.13 1.51%

310 1,083.93 2.01%

Hallway 35.00 0.06%

311 199.17 0.37%

311A 1,074.37 1.99%

Area Subtotal: Level 3 13,874.22 25.75%

407H 1,578.37 2.93%

407G 764.41 1.42%

407F 622.80 1.16%

Back Hall 2,267.82 4.21%

411 711.45 1.32%

412 1,059.96 1.97%

Area Subtotal: Level 4 7,004.81 13.00%

Area: Level 2

214 3,720.52 6.90%

KSU_HATHAWAY_RE 8/31/2022

313 3,906.60 7.25%

Area: Level 4

124 Frazier Ct Georgetown, KY 40324 Tax ID 61-1384429 502.570.8444 servpro10163@gmail.com

213 2,502.79 4.64%

208 1,040.62 1.93%

209 1,387.65 2.58%

211 1,291.86 2.40%

212 1,907.23 3.54%

Hallway 6,417.51 11.91%

Hallway 2 1,384.62 2.57%

Area Subtotal: Level 2 19,652.80 36.47%

Subtotal of Areas 53,886.87 100.00%

Total 53,886.87 100.00%

KSU_HATHAWAY_RE

8/31/2022

124 Frazier Ct

Georgetown, KY 40324

Tax ID 61-1384429

502.570.8444

servpro10163@gmail.com

Recap by Category

KSU_HATHAWAY_RE

8/31/2022

KSU_HATHAWAY_RE

8/31/2022

Ground Floor

Page 140 of 155

Ground Floor

Level 1 8/31/2022 Page: 30

Page 141 of 155

Level 1

8/31/2022

Level 2

2

Level 3

Level 3

8/31/2022

KSU_HATHAWAY_RE

KSU_HATHAWAY_RE

8/31/2022

Page 144 of 155

Level 4

Level 4

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of pending personnel actions.

FACTS:

House Bill 250, an act relating to Kentucky State University, was signed into law on April 8, 2022. Pursuant to that Bill, the Council on Postsecondary Education must approve all KSU expenditures over $5,000. To carry out this responsibility, the Council adopted a KSU Expenditure Approval Policy, which requires all personnel actions to be approved by the Kentucky State University Board of Regents or its designated Committee before any resulting expenditures will be approved.

BUDGETARY IMPLICATIONS:

Kentucky State University's Budget Office has approved all proposed positions and salary ranges.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the pending personnel actions.

MOTION:

Approve pending personnel actions.

Finance and Administration

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of resolution to provide Interim President Ronald A. Johnson with signatory authority on Fifth Third Bank Account.

FACTS:

The University must name two (2) authorized persons who will serve as signatories for the Fifth Third checking accounts and commercial card program. Currently, the Chief Financial Officer is the only authorized person on the program and accounts.

BUDGETARY IMPLICATIONS:

None.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends approval of the resolution to provide Interim President Ronald A. Johnson with signatory authority on Fifth Third Bank Account.

MOTION:

Approve resolution to provide Interim President Ronald A. Johnson with signatory authority on Fifth Third Bank Account.

Finance and Administration

RESOLVED: that any of the Authorized Persons as designated in the Entity Authorization Section, acting alone or together with other Authorized Persons, is authorized to act for the Entity, and (as designated) its Affiliates if the same are joined to the Banking Services Agreements or Commercial Card Service Agreement, and in its name to do any of the following:

Section 1.1. Accounts and Agreements. Open or close any deposit or other Account and execute on behalf of the Entity signature cards (and designate persons with check signing authority), application forms, authorization, set-up and other documentation and agreements with the Bank with respect to the Accounts and any services related to the Accounts including each of the Banking Agreements and Banking Services Financing Agreements;

Section 1.2. Payment Instructions. Issue, and designate persons with the authority to issue written, telephonic, electronic, internet-based or oral instructions and payment orders for the transfer or payment of funds of the Entity on deposit with the Bank (or at any other financial institution) including by wire transfer, automated clearing house debit, book transfer and other physical and electronic means;

Section 1.3. Foreign Currency Transactions. Agree to buy or sell foreign currencies via spot contracts, execute on behalf of the Entity confirmation of such spot transactions, and deliver such currencies as required under the spot transactions to the Bank, including by wire transfer, automated clearing house debit, book transfer and other physical and electronic means;

Section 1.4. Implementation and Setup. Select the services the Entity will obtain from the Bank and instruct the Bank on service options and features desired by the Entity, and the set-up, implementation and security procedures relating to the services selected.

Section II. (COM CARD) COMMERCIAL CARD:

RESOLVED, that this Entity desires to obtain financial accommodations from the Bank, including the use of a number of the Bank's Commercial Cards (the "Commercial Cards") by the officers and agents of this Entity.

RESOLVED, that this Entity agrees to assume responsibility for the use of each and every one of the Commercial Cards and to pay the Bank for all indebtedness incurred by the use of such Commercial Cards.

RESOLVED, that at any of the Authorized Persons as designated in the Entity Authorization Section acting alone or together with other Authorized Persons, be and hereby are authorized to act for and in the name of this Entity, and its Affiliates, if the same are joined to the Banking Services Agreements or Commercial Card Service Agreement, to (i) apply to the Bank for the issuance of such Commercial Cards, (ii) enter into and execute the Commercial Card Service Agreement and such application forms, agreements and documents to pay and provide security for payment of all indebtedness incurred by use of such Commercial Cards, whether authorized or unauthorized, as the Bank may require in accordance with the terms and conditions of the Commercial Card Service Agreement, and (iii) to obtain and forward Commercial Cards to those officers or agents it designates from time to time to receive and use a card.

Fifth Third Bank | Multi-Product Resolution January 2022

3

and duties as contemplated and permitted under the OCAA, Banking Agreements, Banking Services Financing Agreements, Commercial Card Service Agreement or other agreements with Bank, as applicable. Each Channel Administrator shall also be deemed an Authorized Person, with broad authority to manage user access and delegate authority rights with respect to Account and services. Entity has designated its initial Channel Administrator(s) below and elected or waived whether to enable "Dual Administration Control" whereby two (2) Channel Administrators are required to establish a User (as defined in the OCAA).

Establishment of Channel Administrator(s)

[Check and Complete ONLY if Establishing a New Fifth Third Direct Portal]

Entity hereby establishes the individuals named below as the Channel Administrator(s) for Entity pursuant to the forgoing resolutions as of the date set forth above. Entity understands that while only two (2) Channel Administrators may be established here, Entity may enable additional Channel Administrator(s) through the Fifth Third Direct Portal.

Entity acknowledges that Bank has strongly recommended enabling Dual Administration Control whereby two (2) Channel Administrators are required to establish a User (as defined in the OCAA). With respect to Dual Administration Control, Entity has elected as follows:

[YOU MUST SELECT EITHER ENABLE OR WAIVE OPTION BELOW]

Enable Dual Administration Control

or,

Waive Dual Administration Control Enabling

Entity acknowledges the risks associated with choosing not to enable Dual Administration Control and having only one Channel Administrator, and accepts all responsibility for any fraud/losses that occur relating to inappropriate or unauthorized use of the Fifth Third Direct or other Access Channels, or the Channel Administrator User ID.

[If You Selected \underline{Enable Dual Administration Control}, \underline{Two} Channel Administrators Must be Identified Below]

Channel Administrator Name Email Address Phone Number (enter only one # per person. Admin may add or change once Channel access is established)

Section IV. (LOAN/LEASING) LENDING, LEASING, LETTER OF CREDIT, RATE MANAGEMENT AGREEMENTS, GRANTING SECURITY INTEREST:

RESOLVED, that any of the Authorized Person(s) designated in the Entity Authorization Section, acting alone or together with other Authorized Person(s), is/are hereby authorized to act for and in the name of the Entity to: (i) borrow or lease, and designate persons with the authority to borrow or lease, from time to time on behalf of this Entity from the Bank such sums of money or property (as applicable), for such times and upon such terms as may seem advisable to such Authorized Person(s) or his or her designee(s); (ii) request advances, pay fees and perform any function related to the purpose of borrowing or leasing, and, in connection therewith, to issue, and designate persons with the authority to issue, written, telephonic, electronic, internet-based or oral instructions;

Fifth Third Bank | Multi-Product Resolution January 2022

5

• iv.Grant, transfer, pledge or otherwise hypothecate a security interest in or lien in any property (including any money or securities) belonging to or under control of the Entity as security for any obligation arising in connection with any Transaction.
• V.Receive and promptly comply with any request or demand for additional margin, any notice of intention to liquidate, and any notice or demand of any other nature;
• vi.Receive and acquiesce in the correctness of notices of Transactions, statements of account and other records and documents relating to the Entity's Transactions with the Bank; and
• vii.Borrow funds from the Bank or its affiliate to finance any Transactions effected through or with the Bank, and the satisfaction of each and every obligation of the Entity in connection with the account(s) and the Transactions effected therein.

Section VI. (IS) INSTITUTIONAL SERVICES: TRUST, AGENCY, INVESTMENT MANAGEMENT, CUSTODIAL SERVICES, RETIREMENT PLAN, OR NONQUALIFIED PLAN SERVICES

RESOLVED, that any Authorized Person(s) designated in the Entity Authorization Section is/are hereby authorized to act for and in the name of the Entity to enter into and execute the applicable agreement(s) and other documents or instructions with the Bank as may be required from time to time to provide trustee services, agency, investment management, investment advisory, custodial services, qualified retirement plan and/or nonqualified plan services.

Section VII. (SECURITIES) BROKERAGE/SECURITIES

RESOLVED, that any Authorized Person(s) designated in the Entity Authorization Section is/are hereby authorized to act for and in the name of the Entity to open and maintain one or more accounts on behalf of the Entity with any affiliated broker-dealer of the Bank for the purpose of transacting in the following securities (without limiting the generality of such, however): securities owned, issued or guaranteed by a public or private sector entity, including U.S. Government Securities, Federal Agency Securities, Federally Sponsored Securities, Foreign Sovereign Debt Instruments, Emerging Markets Instruments, Eurobonds, all manner of Money Market Instruments, issued or unissued, including Repurchase and Reverse Repurchase Agreements, corporate fixed income securities, municipal securities and all manner of other securities, and options thereon ("Securities"), Securities further include, without limitation, shares, stocks, bonds, debentures, notes, script, participation certificates, subscription rights, options, warrants, certificates of deposit, mortgages, evidences of indebtedness, commercial paper, certificates of indebtedness and certificates of interest of any and every kind and nature whatsoever, secured or unsecured.

[Select Authorization Below ONLY if Authorization Shall Include the Opening of Margin Accounts]

This authorization shall include the opening of margin accounts.

Fifth Third Bank | Multi-Product Resolution January 2022

7

Section IX. ENTITY AUTHORIZATION [Authorized Persons For Entity Based On Product]

• Select whether authorized person is authorized* for Entity + all Affiliates named in Section X, or Entity + only as desi *If person is authorized to act for the Entity only and not authorized to act on behalf of any Affiliates, then leave the Affiliate column(s) blank for t
• PRESIDENT ☐ ☐ ☑
• GERALD SHIELDS
• VICE PRESIDENT ☐ ☐ ☑ ☑
• ☐ ☐ ☐ ☐
• Title of Authorized Person Entity + All Affiliates Entity + Designated Affiliates ONLY DDA/TM Com Card
• ☐ ☐ ☐ ☐
• ☐ ☐ ☐ ☐
• ☐ ☐ ☐ ☐
• RONALD JOHNSON
• ☐ ☐ ☐ ☐
• ☐ ☐ ☐ ☐
• ☐ ☐ ☐ ☐
• Name of Authorized Person
• Add the name and title of the person(s) authorized for the Entity
• Select the product for which each authorized person(s) is/are authorized

☐ ☐ ☐ ☐

Fifth Third Bank | Multi-Product Resolution January 2022

- - -

SIGNATURE PAGE OF MULTI-PRODUCT RESOLUTION

I, Dr. Ronald Johnson

(Name of Person signing below), (Title of Person signing below) of (Name of Entity),

President

The

KENTUCKY STATE UNIVERSITY

duly organized and existing under the laws of the State or Country [if not US] of Kentucky

hereby certify that:

• the above is a true copy of the resolutions adopted by the governing body of this Entity, and
• such resolutions are now in full force and effect as of the date set forth below, having been adopted pursuant to the Entity's governing documents and not rescinded.

Signature:

Print Name: Dr. Ronald Johnson

Date: 07/08/2022

Note: The person providing the above certification may only authorize themselves as the sole Authorized Person if they are the sole owner, directly or indirectly, of the Entity.

Fifth Third Bank | Multi-Product Resolution January 2022

11

KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of symbolic endorsement of the Council on Postsecondary Education's proposed Management Improvement Plan for Kentucky State University.

FACTS:

House Bill 250, an act relating to Kentucky State University, was signed into law on April 8, 2022. Pursuant to that Bill, the Council on Postsecondary Education shall “create and oversee a Management Improvement Plan for Kentucky State University designed to assist with organizational and financial stability.” The Kentucky State University Board of Regents is required to “fully cooperate and timely consult with the council in developing and implementing the plan” before November 1, 2022, which is the date by which the Council must submit the plan to the Legislative Research Commission.

Mr. Travis Powell, General Counsel and Vice President for the Council, will present the proposed plan to the Board of Regents at its October 12, 2022, quarterly meeting and asked for the Regents' feedback and recommendations. The Council will then consider the Regents' recommendations when drafting the final version of the Management Improvement Plan.

Although the Board’s cooperation is required in formulating the plan, the Board’s approval is not necessary for adoption and implementation of the plan. However, the Council has welcomed the Board’s participation at the Council’s upcoming October meeting. To reflect the Regents’ endorsement of the Council’s final plan, the Board of Regents has been asked to symbolically vote on the plan’s adoption and implementation.

BUDGETARY IMPLICATIONS:

Endorsement of the plan will have no effect on the budget; however, implementation of the plan will have budgetary effects.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves the symbolic endorsement of the Council's proposed plan.

MOTION:

Approve participation in the Council's meeting and the Board's vote to symbolically endorse the Council's plan.

Finance and Administration