By Post-Hearing Order dated April 23, 2018, the Hearing Officer also gave the parties time to object to the inclusion in Exhibit 3 of additional provisions of Section 1 of the Standards Governing Student Conduct of the KSU Student Handbook that were not included in the exhibit introduced into the record of the hearing. Neither party filed an objection and these additional provisions became part of the evidentiary record.

PARTIES' AGREEMENT CONCERNING APPLICATION OF KRS CHAPTER 13B

Prior to the hearing, the parties agreed that this matter is exempt from KRS Chapter 13B pursuant to KRS 13B.020(3)(g)(2). However, because neither KRS 164.360 nor Title 745 of the Kentucky Administrative Regulations nor the Faculty Handbook contain sufficiently detailed procedures for faculty termination hearings, the parties agreed that the provisions of KRS Chapter 13B would be applied to this administrative hearing, including the timings for exceptions to the recommended order and for an appeal of the final order. The parties also agreed that the Hearing Officer would conduct the evidentiary hearing sitting alone and would make a recommendation to the KSU Board of Regents, which is the agency head in this matter pursuant to KRS 164.360(1)(a).

SUMMARY OF RECOMMENDATION

After considering the record as a whole, and based on the findings and conclusions set forth hereafter, the Hearing Officer RECOMMENDS that the Kentucky State University Board of Regents issue a final order AFFIRMING the TERMINATION of Dr. Karah Stokes from Kentucky State University faculty and AFFIRMING Dr. Stokes' SUSPENSION WITHOUT PAY beginning September 16, 2016, through the date of the Board of Regents' final order.

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