in September, 2016 the Respondent stopped paying the Petitioner her salary and canceled her insurance, effectively terminating her from KSU. Pursuant to KRS 164.365(1) the only administrative body which could terminate the Petitioner was the KSU Board of Regents. The Respondent constructively terminated the Petitioner in September, 2016 when KSU stopped paying her, violating the Petitioner (sic) right to due process and the applicable statutes.
Petitioner's Post-Hearing Argument, page 2.
Although her argument lacks clarity on this point, to the extent that Dr. Stokes is arguing she is entitled to back pay even if the Board of Regents terminates her, her argument should be rejected.
First, Dr. Stokes claims that her hearing was delayed “due to factors beyond Petitioner's control.”21 This argument is false.
When KSU issued its charges against Dr. Stokes on April 22, 2016, she had a right under the Faculty Handbook to file a grievance.22 She could have used this procedure to ask for a hearing anytime between her attorney's letter of April 29, 2016, and her suspension on September 16, 2016.
KSU continued to pay Dr. Stokes through September 15, 2016. During this time, Dr. Stokes took no action and asked for no hearing.
21 Petitioner's Post-Hearing Argument, page 2.
22 See Findings of Fact, numbered paragraph 104, “Types of Grievances,” subsection “a.”