76-713.
Lawsuits by or against board of regents, state educational institutions; representation by attorney general; exception.
The board of regents may sue in its own name or in the name of any state educational institution, or may authorize suit to be brought by the chief executive officer of any state educational institution in the name of such state educational institution. The board of regents may be sued and may defend any action brought against the board of regents or any state educational institution. Any state educational institution may be sued and may defend any action brought against it. The attorney general, or an attorney designated by the attorney general, shall represent the board of regents and any state educational institution in all litigation, except that litigation arising pursuant to contracts for collection services entered into under K.S.A. 76-745 and amendments thereto shall not be subject to this requirement and the board of regents and any state educational institution shall be represented in any such litigation in accordance with such contracts entered into under K.S.A. 76-745 and amendments thereto.
History:
L. 1970, ch. 371, § 3; L. 1977, ch. 237, § 26; L. 1990, ch. 338, § 1; July 1.
Notes of Decisions
John W. Brennan v. Univ. of Kansas, 451 F.2d 1287 (10th Cir. 1971).
· cites it 4× “The court below found that K.S.A. § 76-713 1 was not a waiver of governmental immunity so as to allow suit on the complaint.”
Ellis v. Univ. of Kansas Med. Ctr., 163 F.3d 1186 (10th Cir. 1998).
· cites it 2× “Though Kansas has generally authorized suits against any state educational institution brought in state court, K.S.A. § 76-713, Kansas has not expressly consented to suit in federal court and we cannot imply a waiver of Eleventh Amendment immunity into the statute.”
State Ex Rel. Schneider v. City of Kansas City, 612 P.2d 578 (Kan. 1980).
· cites it 4× “" *27 K.S.A. 76-713 provides in part: "The board of regents may sue in its own name or in the name of any state educational institution, or may authorize suit to be brought by the chief executive officer of any state educational institution in the name of such state educational…”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
· cites it 2× “K.S.A. 76-713. The chief executive officer of each state educational institution is authorized to appoint such employees as are authorized by the Board of Regents; employees in unclassified service serve at the pleasure of the chief executive officer, subject to policies…”
Mehus v. Emporia State Univ., 295 F. Supp. 2d 1258 (D. Kan. 2004).
· cites it 2× “§ 76-714 provides that [t]he chief executive officer[] of [ESU] shall have the title of president.”
Innes v. Kansas State Univ., 184 F.3d 1275 (10th Cir. 1999).
“Though Kansas has generally authorized suits brought in state court against state educational institutions, see Kan. Stat. Ann. § 76-713 , its statutes have not expressly- waived Eleventh Amendment immunity.”
Jordon v. Norfolk State Univ. (In Re Jordon), 275 B.R. 755 (Bankr. W.D. Va. 2002).
“See Kan. Stat. Ann. § 76-713 . 4 . This decision, therefore, does not address or rule upon the applicability of the Ex parte Young exception to violations of 11 U.”
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