Kentucky Revised Statutes

Ky. Rev. Stat. § 164.360 (2026)

Appointment and removal of president, faculty, and employees --

✓ current as of May 2026

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Performance and productivity evaluations.

(1) (a) Each board of regents for the universities shall appoint a president, appoint all faculty members and employees, and fix their compensation and tenure of service, subject to the provisions of subsections (2) to (5) of this section. Faculty member and employee appointment and removal decisions may be delegated to the president in accordance with policy adopted by each board of regents.

(b) The board of regents for the Kentucky Community and Technical College System shall appoint a president, appoint all faculty members and employees, and fix their compensation and tenure of service, subject to the provisions of subsections (2) to (5) of this section. Faculty member and employee appointment and removal decisions may be delegated to the president in accordance with policy adopted by the board of regents.

(2) No person shall be employed at an institution where his or her relative serves on the board of regents for that institution.

(3) Each board may remove the president of the university or Kentucky Community and Technical College System, and the president may remove any faculty member or employee.

(4) No president or faculty member shall be removed except for cause, which shall include incompetency, neglect of or refusal to perform his or her duty, immoral conduct, or failure to meet college or university performance and productivity requirements as determined in accordance with subsection (5) of this section. A president or faculty member shall not be removed until after thirty (30) days' notice in writing, stating the nature of the charges preferred, and after an opportunity has been given him or her to make defense before the board by counsel or otherwise and to introduce testimony which shall be heard and determined by the board. Charges against a president shall be preferred by the chairperson of the board upon written information furnished to him or her, and charges against a faculty member shall be preferred in writing by the president unless the offense is committed in his or her presence.

(5) President and faculty member performance and productivity shall be evaluated at least once every four (4) years using a process approved by each board. Failure to meet performance and productivity requirements may result in removal of a president or faculty member regardless of status. The evaluation process shall be established by each board and provided to all faculty members by January 1, 2026, to become effective July 1, 2026. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 106, sec. 1, effective June 27, 2025. -- Amended 2005 Ky. Acts ch. 173, Pt. I, K.1.(11), sec. 1, effective March 20, 2005, until July 1, 2006. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 104, effective May 30, 1997. -- Amended 1992 Ky. Acts ch. 10, sec. 14, effective July 1, 1992. -- Amended 1974 Ky. Acts ch. 386, sec. 32. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4527-44, 4527-46. Legislative Research Commission Note (7/1/2006). Because of the Governor's partial veto #9 of 2005 HB 267, the amendment to KRS 164.360 which was made by 2005 Ky. Acts ch. 173, Pt. I, K.1.(11), sec. 1, was only effective until July 1, 2006. The version that was last amended by 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 104, and that became effective on May 30, 1997, has been reinstated.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1981–2024 · leading case: Bd. of Regents of Kentucky State Univ. v. Gale, 898 S.W.2d 517 (Ky. Ct. App. 1995).

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Bd. of Regents of Kentucky State Univ. v. Gale, 898 S.W.2d 517 (Ky. Ct. App. 1995). · cites it 6× “Regardless of the language employed in KRS 164.360, the very next statute, KRS 164.”

Bd. of Regents v. Curris, 620 S.W.2d 322 (Ky. Ct. App. 1981). “KRS 164.360 delineates the procedural and substantive requirements for a *323 board of regents’ removal of a university president.”

Heavin v. Kentucky State Univ. (E.D. Ky. 2021). · cites it 8× “Heavin alleges a violation of KRS § 164.360(3), arguing that because her removal on February 13, was not for cause, her due process rights were violated.”

Kentucky State Univ. v. Karah Stokes (Ky. Ct. App. 2024). · cites it 6× “Stokes’s failure to abide by this policy constitutes a neglect or refusal to perform her duties, which is cause for termination under KRS 164.360(3); 3) Dr. Stokes improperly prevented Dr.”

Dr. Karah Stokes v. Kentucky State Univ. (Ky. Ct. App. 2024). · cites it 6× “Stokes’s failure to abide by this policy constitutes a neglect or refusal to perform her duties, which is cause for termination under KRS 164.360(3); 3) Dr. Stokes improperly prevented Dr.”

Heavin v. Kentucky State Univ. (E.D. Ky. 2019). · cites it 4× “A president or faculty member shall not be removed until after ten (10) days’ notice in writing, stating the nature and charges preferred, and after an opportunity has been given him or her to make defense before the Board.”

— Ky. Rev. Stat. § 164.360(1) — 1 case

Bd. of Regents of Kentucky State Univ. v. Gale, 898 S.W.2d 517 (Ky. Ct. App. 1995). “Regardless of the language employed in KRS 164.360, the very next statute, KRS 164.”

— Ky. Rev. Stat. § 164.360(3) — 3 cases

Heavin v. Kentucky State Univ. (E.D. Ky. 2021). “Heavin alleges a violation of KRS § 164.360(3), arguing that because her removal on February 13, was not for cause, her due process rights were violated.”

Kentucky State Univ. v. Karah Stokes (Ky. Ct. App. 2024). “Stokes’s failure to abide by this policy constitutes a neglect or refusal to perform her duties, which is cause for termination under KRS 164.360(3); 3) Dr. Stokes improperly prevented Dr.”

Dr. Karah Stokes v. Kentucky State Univ. (Ky. Ct. App. 2024). “Stokes’s failure to abide by this policy constitutes a neglect or refusal to perform her duties, which is cause for termination under KRS 164.360(3); 3) Dr. Stokes improperly prevented Dr.”

— Ky. Rev. Stat. § 164.360(c) — 1 case

Heavin v. Kentucky State Univ. (E.D. Ky. 2019). “A president or faculty member shall not be removed until after ten (10) days’ notice in writing, stating the nature and charges preferred, and after an opportunity has been given him or her to make defense before the Board.”

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