I Nature of the Action & Background...school and then Dean Dan O’Hair of the university’s...

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

No. 5:19-cv-________________ ____________________________ BUCK RYAN, ) ) Plaintiff ) ) vs. ) Complaint ) Jury Trial Demanded DAVID BLACKWELL, ) In his Individual Capacity, ) ) JOSEPH REED, ) In his Individual Capacity, ) ) DEREK LANE, ) In his Individual Capacity, ) ) MIKE FARRELL, ) In his Individual Capacity, ) ) Defendants ) ____________________________) Plaintiff Buck Ryan (Ryan) for his complaint against defendants David

Blackwell (Blackwell), in his individual capacity; Joseph Reed (Reed), in his

individual capacity; Derek Lane (Lane), in his individual capacity; and Mike

Farrell (Farrell), in his individual capacity states as follows:

I

Nature of the Action & Background

1. The most immediate and precipitating genesis of this case is an audit

report instigated by the University of Kentucky’s General Counsel’s office that

defamed Ryan, a long-standing and much-honored tenured university faculty

member, by asserting falsely and wrongly that he had exploited his faculty

position to reap undue monies from students in classes he taught by using one of

Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 1 of 15 - Page ID#: 1

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his books as required class materials. The audit report which was done by Reed

remained secreted for many months after it was initially generated and its

existence was wholly unknown to Ryan.

2. Reed’s audit report was initially disclosed to Ryan on or after April 30,

2018, when he was presented with it by Interim Director Farrell of the journalism

school and then Dean Dan O’Hair of the university’s College of Communication

and Information. At a subsequent meeting, O’Hair demanded that Ryan resign

his tenured faculty position. When Ryan questioned the basis for this demand,

O’Hair cited Reed’s audit report and stated he was “only a messenger” regarding

the demand for Ryan’s resignation.

3. Ryan refused to resign his position and relinquish his constitutionally-

protected property right in continued employment in that capacity; instead, he

asserted his due process rights that attach thereto.

4. Upon Ryan’s assertion of his due process rights, Blackwell inaugurated

administrative proceedings to terminate Ryan’s tenured employment as a faculty

member, apparently the first time in 50 years or so that the university had

undertaken such an action. In further retaliation for Ryan’s assertion of his

constitutional rights, Blackwell defamed Ryan by stating falsely to third parties in

a press release issued by the University of Kentucky to at least the Lexington

Herald-Leader that Ryan “stole from students. And he used university resources

to do it.”

5. Ryan’s assertion of his due process rights regarding his continued

employment as a tenured faculty member were vindicated: a university


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committee concluded in August 2018 that there was no basis for the termination

proceedings and recommended that they be dropped.

6. Ryan at a public forum challenged Blackwell and university president

Eli Capilouto as to why they attempted to fire him with no grounds to do so and

defamed in this process. This speech addressed matters of public concern and

was protected by the First Amendment.

7. In retaliation for Ryan’s assertion and exercise of his constitutional

rights, Lane and Farrell have retaliated against him by fabricating false and

defamatory claims and removing his teaching responsibilities and discharging

him constructively as a faculty member.

8. Ryan’s claims arise under the common law of Kentucky and 42 U.S.C. §

1983. He seeks recovery of compensatory and punitive damages, costs, litigation

expenses and attorney’s fees.

II

Jurisdiction & Venue

9. This Court has jurisdiction over Ryan’s claims pursuant to 42 U.S.C. §

1983 pursuant to 28 U.S.C. § 1331. The Court has jurisdiction over Ryan’s state

law claims pursuant to 28 U.S.C. § 1367(a), as they are so related to the federal

law claims as to form part of the same case or controversy. Venue is proper in this

Court under 28 U.S.C. § 1391(b)(2), because the events giving rise to this action

occurred in Fayette County, Kentucky.

III

Parties


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10. Ryan is a resident of the Commonwealth of Kentucky and resides in

Fayette County, Kentucky.

11. Blackwell, Reed, Lane and Farrell are also residents of the

Commonwealth of Kentucky.

IV

Facts Giving Rise to the Lawsuit

12. Ryan has been employed at the University of Kentucky as a faculty

member in its School of Journalism & Media since 1994, when he was appointed

as journalism school director, having been recruited from Northwestern

University’s prestigious Medill School of Journalism.

13. At various times during his employment at UK, Ryan served as the first

permanent director of the merged School of Journalism and Telecommunications

(1994-2002), and the first executive director of the University’s First Amendment

Center based at the journalism school (2002-2004). From 1994 to 2002,

according to the endowment agreement, the journalism director also served as

the First Amendment Center director.

14. Ryan has received and been awarded numerous honors and teaching

awards during his employment at UK including being honored seven times in the

last eight years as "A Teacher Who Made a Difference" by UK's College of

Education (2018, 2017, 2016, 2015, 2014, 2013 and 2011); being nominated for

the College of Communication and Information 2018-2019 Faculty Teaching

Excellence Award; receiving the ODK Outstanding Leadership & Student

Enhancement Award presented by University of Kentucky President Eli

Capilouto at the 2nd Annual Leadership Awards ceremony of the Nu Circle


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Chapter of Omicron Delta Kappa, the National Leadership Honor Society, 2015;

receiving the Provost’s Award for Outstanding Teaching for Tenured Faculty at

the University of Kentucky, 2003, after previously being honored by Sigma Kappa

as a “Great Educator” at UK, 1996-97; being named one of Top 50 Journalism

Professors for 2012 by JournalismDegree.org; being honored as National

Runner-up for the 2011 Inspire Integrity Award from the National Society of

Collegiate Scholars, based in Washington, D.C.; and receiving the Faculty Partner

Award, University of Kentucky’s Division of Student Affairs, 2012. He received a

national Telly Award in 2002 for public affairs programming for his KET

documentary, “Citizen Kentucky: Democracy and the Media.”

15. Ryan is and has been since 1994 tenured as an associate professor at

UK.

16. The journalism classes that Ryan has taught at UK have regularly

included, in the last few years, JOU 101, Introduction to Journalism; JOU 303,

News Editing; and JOU 497, The Joy of Writing. For many years he taught his

“Citizen Kentucky: Journalism and Democracy” course in the Freshman

Discovery Seminar series and later in the Honors Program.

17. Ryan developed and regularly used in his classes a book, Writing

Baby, Editing Dog and You: A Friendly Place to Begin Improving Your Writing

(Writing Baby).

18. Ryan’s use of Writing Baby as a teaching aid was approved, in

accordance with university policy, and was listed on the syllabus for his classes.

Those syllabi were reviewed by Ryan’s administrative superiors at the university.


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Many faculty members at UK similarly use materials and books they have

authored or co-authored in the classes that they teach.

19. At a date presently unknown to Ryan, Reed was directed by the

university’s General Counsel’s office to investigate and prepare an audit report

regarding Ryan’s use of Writing Baby.

20. Reed prepared an audit report that included misrepresentations and

false statements, two of the most material being that (1) Ryan had profited “more

than $6K” from use of the Writing Baby book in his classes; and, (2) the audit

complied with the International Standards for the Professional Practice of

Internal Auditing issued by the Institute of Internal Auditors.

21. Reed’s report completely omitted any consideration of the costs

incurred in producing the books and falsely asserted that Ryan’s profits from the

sale of book were equal to the gross sales dollars.

22. Reed’s report was not consistent with the International Standards for

the Professional Practice of Internal Auditing issued by the Institute of Internal

Auditors.

23. Reed’s equating of gross sales dollars to equal profits is not consistent

with internal auditing standards or common sense.

24. Upon information and belief, Reed calculated both the profits and

asserted that the report complied with the aforementioned internal auditing

standards to increase and aggravate the false and negative light in which the

report portrayed Ryan.

25. In a memo dated April 30, 2018, Ryan was summoned to meet with

Dean Dan O’Hair of the College of Communication and Information and Interim


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Director Mike Farrell of the School of Journalism and Media to discuss Reed’s

audit report, which was dated November 6, 2018.

26. Ryan saw Reed’s audit report for the first time as an appendix to the

April 30, 2018, memo.

27. Ryan responded to O’Hair and Farrell with a five-page letter outlining

the audit’s faults, including the false and defamatory statements therein and

asking that the audit be voided.

28. In a subsequent meeting Ryan attended to discuss the aduit and his

five-page letter, Dean O’Hair did neither, only demanded Ryan’s resignation

based on the audit, which did not recommend that Ryan resign. Ryan refused to

resign as demanded by O’Hair.

29. Ryan has a property interest and right in his continued employment as

a tenured faculty member that is protected by the due process clause of the U.S.

Constitution’s Fourteenth Amendment.

30. Rather than submit to the demands for his resignation and the

surrender of his constitutionally-protected property interest and right in his

tenured faculty position, Ryan refused to resign, a refusal that constituted an

assertion of his due process rights under the Fourteenth Amendment.

31. As a result of Ryan’s refusal to resign his employment as a tenured

faculty member and his assertion of his due process rights and in retaliation for

both, Blackwell, on behalf of the University of Kentucky, inaugurated proceedings

to abrogate Ryan’s tenure and terminate his employment.

32. The action to terminate Ryan’s employment was reported in the

Lexington Herald-Leader in a story published May 17, 2018, “UK Moves to Fire


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Professor, Says Book Sales ‘Stole from Students.’ He Vows to Fight.” A copy of

this article is tendered as Ex. 1 to this complaint.

33. Blackwell stated to the Herald-Leader “that Ryan ‘stole from students.

And he used university resources to do it.”

34. Blackwell’s statement that Ryan “stole from students” is false, untrue

and constitutes defamation per se.

35. Blackwell made the false and defamatory statement that Ryan “stole

from students” and “used university resources to do it” in retaliation for Ryan’s

refusal to resign his tenured faculty position and for Ryan’s assertion of his due

process rights attaching to that property interest and right.

36. Ryan’s refusal to resign and assertion of his due process rights resulted

in the termination effort by the university being referred to its Senate Advisory

Committee on Privilege and Tenure (SACPT).

37. After conducting an investigation and taking other appropriate actions,

the SACPT issued a report dated August 6, 2018. A true copy of that report is

tendered as Ex. 2 to this complaint.

38. The SACPT members recommended unanimously that university

president Eli Capilouto end the effort to terminate Ryan’s employment and

tenure, because of a lack of basis or foundation for the action. See Ex. 2.

39. Neither Blackwell nor Capilouto nor anyone else on behalf of the

university has notified or informed Ryan that the efforts to terminate his tenure

and employment has been or will be ended.

40. To the contrary and rather than bringing to a halt the process to

terminate Ryan’s tenure, Capilouto has acknowledged at least impliedly the


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absence of any basis for Reed’s audit report conclusions and Blackwell’s

defamatory statement by requesting from Ryan the information and/or

documentation set forth in a memorandum dated November 2, 2018, from

Capilouto to Ryan and tendered herewith as Ex. 3 to this complaint.

41. Blackwell has neither retracted nor apologized for his false and

defamatory statements that Ryan “stole from students” and “used university

resources to do it”.

42. The proceedings to terminate Ryan’s tenure and employment as a

tenured faculty member became a widely-discussed issue and a matter of public

concern.

43. The efforts of faculty members at the University of Kentucky to

communicate with its Board of Trustees regarding the effort to terminate Ryan’s

tenure and employment were obstructed by the University’s General Counsel

reported the Kentucky Kernel, “’The most explosive internal issue’ in years. UK

faculty feel unrepresented in firing of tenured professor.” (June 1, 2018, true

copy tendered as Ex. 4 to this complaint).

44. Ryan challenged and protested to Blackwell and Capilouto at public

fora the initiation of the proceedings to terminate his tenure and employment.

45. Ryan’s statements at public fora regarding the proceedings to

terminate his tenure and employment constitute matters of public concern, as

they regard directly one of the most explosive internal issues at the University of

Kentucky in years.

46. As a result and in retaliation for Ryan’s assertion of his due process

rights and speech on matters of public concern and to further aggravate and


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exacerbate the injuries done Ryan by Blackwell’s and Reed’s false and defamatory

statements, Lane and Farrell have acted to constructively discharge Ryan as a

tenured faculty member and removed his teaching opportunities, while asserting

false and pretextual bases for doing so.

47. Blackwell, at all times pertinent hereto, has been employed as the

Provost for the University of Kentucky. His actions at issue herein have been

taken under color of law within the meaning of 42 U.S.C. § 1983. He is sued in his

individual capacity.

48. Reed, at all times pertinent hereto, has been employed as an auditor

for the University of Kentucky. His actions at issue herein have been taken under

color of law within the meaning of 42 U.S.C. § 1983. He is sued in his individual

capacity.

49. Lane, at all times pertinent hereto, has been employed as the Interim

Dean of the College of Communications and Information at the University of

Kentucky. His actions at issue herein have been taken under color of law within

the meaning of 42 U.S.C. § 1983. He is sued in his individual capacity.

50. Farrell, at all times pertinent hereto, has been employed as the Interim

Director of the School of Journalism and Media at the University of Kentucky.

His actions at issue herein have been taken under color of law within the meaning

of 42 U.S.C. § 1983. He is sued in his individual capacity.

51. As a direct and proximate result of defendants' wrongful actions and

their violations of Ryan’s rights including his constitutional rights, Ryan has

suffered public embarrassment and humiliation, emotional distress and mental

anguish including staggering damage to his personal and professional


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reputations.

52. Defendants, at all times pertinent to this action, acted in reckless and

gross indifference to Ryan’s rights including his constitutional rights.

V

Causes of Action

Count 1 – Retaliation for Ryan’s Assertion of His Due Process Rights

53. Ryan incorporates herein paragraphs 1 through 52 hereof.

54. Ryan as a tenured faculty member at the University of Kentucky has a

constitutionally-protected property right and interest in his continued

employment in that capacity.

55. Ryan has due process rights that attach to and protect his

constitutionally-protected property right and interest in his continued

employment as a tenured faculty member.

56. When Ryan refused to resign and relinquish his constitutionally-

protected property right and interest, his refusal constituted an assertion of his

due process rights regarding that same property right and interest.

57. Blackwell’s statements that Ryan “stole from students” and “used

university resources to do it” are false and untrue.

58. Blackwell’s statement that Ryan is a thief – that he “stole from

students” -- is defamation per se under Kentucky law.

59. Blackwell made the false and defamatory statement that Ryan is a thief

– that he “stole from students” – in retaliation for Ryan’s assertion of his due

process rights that attach to his constitutionally-protected property right and


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interest in his continued employment as a tenured faculty member at the

University of Kentucky.

60. As a direct and proximate result of the retaliation by Blackwell’s false

and defamatory statements, Ryan has suffered public embarrassment and

humiliation, emotional distress and mental anguish including staggering damage

to his personal and professional reputations.

61. Blackwell in stating publicly and falsely to the Lexington Herald-

Leader that Ryan had “stole from students” acted with gross negligence and/or

reckless and gross indifference to Ryan’s rights.

Count 2 – Defamation by Blackwell’s Statement


63. Blackwell’s statement that Ryan “stole from students” is non-

privileged, was made to a third-party and is false and defamatory.

64. Blackwell’s false statement that Ryan is a thief is defamation per se

under Kentucky law.

65. As a direct and proximate result of by Blackwell’s false and defamatory

statements, Ryan has suffered public embarrassment and humiliation, emotional

distress and mental anguish including staggering damage to his personal and

professional reputations.

66. Blackwell in stating publicly and falsely that Ryan had “stole from

students” acted with gross negligence and/or reckless and gross indifference to

Ryan’s rights.

Count 3 - Defamation and False Light by Reed’s Report



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68. Reed’s report defames Ryan and/or wrongly casts him in a false light

by falsely reporting that he reaped more than 6,000 dollars in royalties or profits

by improperly using and causing the sale of the Writing Baby book.

69. It was foreseeable to Reed that his audit report would be used to harm

and injure Ryan and that the false and incorrect information therein would

wrongfully promote these actions.

70. As a direct and proximate result of Reed’s wrongful acts and actions,

Ryan has suffered public embarrassment and humiliation, emotional distress and

mental anguish including staggering damage to his personal and professional

reputations.

71. Reed has acted with gross negligence and/or reckless and gross

indifference to Ryan’s rights.

Count 4 – Retaliation for Assertion of Constitutional Rights


73. Ryan, as a tenured faculty member, has a clearly-established property

right and interest in his continued employment in that capacity.

74. Ryan has a clearly-established due process right that he asserted in

response to the demands for his resignation.

75. Ryan has a clearly-established right to free speech secured him by the

First Amendment to speak on matters of public concern.

76. The actions by Blackwell and Reed, on behalf of the university, to

terminate Ryan’s employment as a tenured faculty member were matters of

public concern.

77. Ryan’s protests, objections and speech on the unfounded and false


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grounds relied upon for the attempt to terminate his employment as a tenured

faculty member was speech on matters of public concern.

78. In retaliation for Ryan’s assertion of his constitutional rights,

defendants have continued their efforts to coerce Ryan to resign his employment

as a tenured faculty member: Blackwell has never retracted his false statement

that Ryan “stole from students,” Reed has harassed Ryan by continuing his audit

investigation and Lane and Farrell have stripped Ryan of his teaching

responsibilities and substituted therefor duties of a type and nature as to

constitute an adverse employment action and/or constructive discharge from his

employment as a tenured faculty member.

79. As a direct and proximate result of defendants’ wrongful acts and

actions, Ryan has suffered public embarrassment and humiliation, emotional

distress and mental anguish including staggering damage to his personal and

professional reputations.

80. Defendants’ actions have been undertaken with reckless and gross

indifference to Ryan’s constitutional rights.

VI

Demand For Relief

WHEREFORE, plaintiff Buck Ryan demands judgment herein as follows:

(1) That a judgment be entered awarding him compensatory damages in

such amount as found fair and reasonable by a jury at trial;

(2) That a judgment be entered awarding him punitive damages against

defendants to punish them for his gross and reckless indifference to Ryan’s rights

including his constitutional rights and to deter repetition of similar misconduct;


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(3) That a judgment be entered awarding Ryan his monetary damages

sustained as a result of the wrongful actions herein by defendants;

(4) That a judgment be entered awarding Ryan his attorney’s fees, costs,

and litigation expenses pursuant to 42 U.S.C § 1988 and Fed. R. Civ. Pro. 54;

and,

(5) That Ryan be granted such other further relief as he is entitled.

DEMAND FOR A JURY TRIAL

Pursuant to Fed. R. Civ. Pro. 38, Ryan demands trial by jury of all issues

herein so triable.

Respectfully submitted,

/s/ Robert L. Abell Robert L. Abell 120 North Upper Street Lexington, KY 40507 859.254-7076 859.281.6541 fax [email protected] COUNSEL FOR PLAINTIFF


mailto:[email protected]

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· ~ Universityof

ff Kentucky.

August 6, 2018

Dr. Eli Capilouto

Gatton College of Business and Economics Department of Economics

President, University of Kentucky and

President, University Senate

101 Main Building

RE: Termination proceedings against Professor Leland "Buck" Ryan

Dear President Capilouto,

We are writing to you with our recommendation regarding the termination proceedings against

Professor Leland "Buck" Ryan initiated by Provost Blackwell on May 15, 2018.

As described in the University's Governing Regulation X.B.1.f.(2), Provost Blackwell provided us with

detailed charges against Professor Ryan. Our committee fi rst met on May 21 with Professor Ryan in

attendance; he made a short statement before the committee entered closed session. We have

conducted an informal investigation, attempted to find a resolution, and are now making our

recommendation regarding termination proceedings to you.

As part of our investigation, we have reviewed documents provided by Provost Blackwell and Professor

Ryan, and requested additional information from several sources. In addition, Jenny Minier (SACPT

Chair) spoke at length by phone with Professor _Beth Barnes, the Director of the School of Journalism

from 2003-15, on May 28, 2018.

We provide more detail about our recommendation on the following pages. In short, we do not think

that the charges support the revocation of tenure. We find no support for charges II. - VI. (with the

caveat mentioned in the following), and do not find that charges I. or VII. merit the revocation of tenure.

The Committee is unanimous in this recommendation.

We are aware that on July 20, 2018, Professor Ryan submitted an open records request to the University

to better prepare his response to the charges, and that the University declined to fully comply with his

request. The University made clear that, to the extent possible, they would provide additional

documents to our committee if requested. When we began our investigation in May, we made clear to

the Administration that we would welcome any additional information they wanted to provide to us.

Having reviewed Professor Ryan's document request, we do not believe that the information requested

would affect our conclusion, with one exception. With respect to document requests numbered 5 and 6,

regarding the implementation and documentation of School, Department, and College policies regarding

see blue-.

Ex. 2


the assigning of self-authored or self-published materials, our impression - as facu lty members across a

range of units - is that these policies are rarely formally implemented, and approvals have not been

formally recorded. If we are incorrect in that assumption and the University can show that faculty

members assigning their own textbooks have documented that approval each semester, the

Administration's case against Professor Ryan is strengthened significantly. We have not requested these

documents ourselves, as we believe that the revocation of tenure should be initiated only in the most

clear-cut of cases, and it is imperative that the Administration make their strongest case with the initial

charges. We do not think that it is appropriate for a committee of faculty members, such as the Senate

Advisory Committee on Privilege and Tenure, to attempt to find additional support for the revocation of

tenure beyond that given in the Administration's charges.

Our response to each charge follows.

Count I: Theft of University Property

We do not conclude that this was an intentional misuse of the procard; rather, it seems to be a lack of

communication between Professor Ryan and the Director of the School of Journalism. While misuse of a

university procard is indeed serious, a more standard (and appropriate) remedy for a first-time offense,

particularly given the relatively small amount involved (less than $1,000), would be to request

repayment (which we understand has been made), and possibly to restrict the faculty member's use of

the procard in the future. Any decisions about such restrictions are best made at the College level.

Count II: Attempt to Obtain Falsified University Document

We do not find any support for this charge. After Professor Ryan repaid the printing cost, he requested a

receipt to show his costs for reporting an expense (not a charitable donation) on his taxes.

Count Ill: Using University Affiliation to Receive Lower Printing Costs

We do not find any support for this charge. Neither the Provost's charges nor the Internal Audit cite the

source of this prohibition. Given this ambiguity, and the fact that the University offers an Employee

Discount Program (which expressly allows employees to use their university affiliation for personal use),

we cannot justify punishment on these grounds.

Count IV: Misuse of University Position

We do not find any support for this charge. The supporting points (17-19) establish only that Professor

Ryan assigned his textbook as required material for the courses he taught. This is clearly allowed.

While points 17-19 do not address this, we would like to draw your att ention to the fact that Beth

Barnes, Director of the School of Journalism throughout much of this period, was (1) aware that

Ex. 2


Professor Ryan was using his textbook; (2) aware that he was charging students for it; (3) had forwarded

him the 2009 ethics guidelines on textbook use (not the 2011 Provost policy); and (4) considered that

Professor Ryan had her tacit approval to use this textbook during the time she was the School's Director.

We would also like to draw your attention to the fact that the Internal Audit committee did not attempt

to speak to Professor Barnes. .

Count V: Violation of University Textbook Policy

We do not find any support for revocation of tenure on these grounds. Contrary to points 22-23,

Professor Ryan asserts that he has made charitable donations to other organizations, which is clearly

allowed in the textbook policy. As for part 24, Director Barnes was aware of, and considers Professor

Ryan to have had her approval for, the use of his textbook in his courses.

In addition, the Provost's policy is dated 2011, and the ethical opinion (dated.2009) recommends that its

guidelines be followed by a "self-reported honor system."

We are concerned that such an unclear policy, which is unfamiliar to most University facu lty, would be

used to undertake the revocation of tenure. Given the vagueness of the policy, it may be appropriate to

revisit it. In addit ion, we have several suggestions of very simple strategies to increase awareness of and

compliance with the policy, including:

• Include a link to the policy in the email sent by the Provost every semester about deadlines for

submitting textbook information to the bookstore;

• Require the bookstore to ask whether a textbook is self-authored and, if so, whether

appropriate approval has been obtained.

Count VI: Violation of University Business Procedures

Again, we find no support for this charge. Professor Ryan did go through the bookstore to sell the

material to students. Our interpretation of the relevant section of the Business Procedures Manual is

that faculty are not allowed to directly sell course materials to students without formal approval, which

Professor Ryan did not do.

Count VII: Misrepresentation and Dishonesty

Our view is that Professor Ryan engaged in sloppy accounting and not updating his syllabus. While

standard accounting procedures would likely not recognize his actions as "paying off a $10,000

donation," our view is that Professor Ryan felt that his total donat ions (past and current, including to his

. church, children's schools, and other organizations) exceeded his revenues from the textbook sales. We

also note that neither the Provost policy nor the ethical guidelines require that students be made aware

of the nature of the donations.

While it is clearly not required by the current policies, it may be appropriate for the Administration to

request from Professor Ryan a complete accounting of printing costs incurred, revenues from the sale of

Ex. 2


the textbook, and charitable donations over the period (note that no policy requires that the donations

be made to UK; other charitable donations are allowed). If Professor Ryan's charitable donations do not

exceed after-cost revenues, he should make up the difference with a donation to a charitable donation

of his choice. While we feel that a donation to UK would be most appropriate, that is clearly beyond the

scope of the current guidelines.

To summarize, our recommendation is that you drop the terminat ion proceedings against Professor

Ryan. We also recommend that you and/or Provost Blackwell clearly communicate the textbook pol icy

to the University community.

The committee would be glad to discuss this further with you if you would like.

Sincerely,

Jenny Minier Chair, Senate Advisory Committee on Privilege and Tenure

Senate Advisory Committee on Privilege and Tenure members conside'ring t his case: Jim mi Hatton

Kolpek, Faith Harders, Benjamin Karp, Robert Marshall, Lisa Ruble, David Silverstein, Gregory Smith

cc: Professor Leland Ryan

Ex. 2


Ex. 3


4/20/2019 'The most explosive internal issue’ in years. UK faculty feel unrepresented in firing of tenured professor | News | kykernel.com

www.kykernel.com/news/the-most-explosive-internal-issue-in-years-uk-faculty-feel/article_c0165b1a-65dc-11e8-b92c-c38c243d36aa.html 1/3

http://www.kykernel.com/news/the-most-explosive-internal-issue-in-years-uk-faculty-feel/article_c0165b1a-65dc-11e8-b92c-c38c243d36aa.html

'The most explosive internal issue’ in years. UK faculty feelunrepresented in firing of tenured professorJacob Eads Jun 1, 2018

Last week, concerned faculty members issued a letter to the entirety of UK’s faculty—over 3,200individuals—in an effort to display information they say shows evidence that their access to theelected Faculty Trustees is being restricted.

In the letter, UK faculty fear access to their elected university officials are being limited in regardsto the termination of a tenured professor. UK has argued back that it would be “inappropriate” foradministrative and faculty members involved in the firing process to hear the faculty’s opinion asit may cause improper bias.

UK Professor Buck Ryan

Adam Pennavaria

Ex. 4




This comes after university of�cials initiated termination proceedings against Buck Ryan, atenured journalism professor, following an internal audit that said he unrightfully profited fromthe sales of his self-authored textbook that was required for some of his courses.

The letter in question shows Professor Michael Kennedy’s unsuccessful attempt to give hisopinion about the potential termination of tenured Journalism professor Buck Ryan to PresidentEli Capilouto and the Board of Trustees. Kennedy gave the Kernel many of his correspondencespertaining to the matter.

Kennedy’s initial correspondence to the administration, in which he requests that his opinion beshared with Capilouto and calls the Provost David Blackwell’s recommendation to terminateRyan “almost-unprecedented”, was met by opposition by UK General Legal Counsel WilliamThro.

Thro authored an email back to Kennedy that said because the University Senate AdvisoryCommittee on Privilege and Tenure would be advising President Capilouto, he would not bereviewing or responding to Kennedy’s email.

Thro added that because there is a possibility that the Board of Trustees may eventually be askedto rule on the case, it would be “inappropriate” for the Faculty Trustees, who are the electedfaculty representatives on the Board of Trustees, to review or respond to Kennedy’s email.

Kennedy is claiming that Thro’s comments that his communications are inappropriate is “likesaying it is inappropriate for citizens in a democracy to communicate with elected officials.”

Davy Jones, Ernie Yanarella and John Wilson, concerned faculty who issued a blanket email tocampus opposing Thro’s opinion, are all former Faculty Trustees who served on the Board ofTrustees.

In their widespread email, they state that in their combined experiences “former UK GeneralCounsels never described to Faculty Trustees that it was inappropriate for Faculty Trustees to readcommunications from our faculty constituents on any of these matters, or any University matter.”

The matter of Professor Ryan’s termination is one that Kennedy calls, “probably the mostexplosive internal issue to come before this university in many years.”

Kennedy is also a former Faculty Trustee.Ex. 4


http://www.kykernel.com/news/uk-seeks-to-fire-tenured-journalism-professor-over-sales-of/article_bb6505a6-59e5-11e8-aeb1-87b33655f6eb.html



The university is backing Thro’s comments that allowing the administrative officials to reviewKennedy’s opinionated comments would be inappropriate.

“The Board of Trustees may be asked to make a decision in Professor Ryan's situation. Just as it isinappropriate for a judge to discuss the details of a case when there is a possibility that the judgemay eventually have to decide the case, it is inappropriate for any member of the Board ofTrustees to discuss details of Professor Ryan's situation,” UK spokesperson Jay Blanton said. “Toengage in such discussions could create a perception of bias or an inability to provide dueprocess.”

Kennedy said that in his more than 50-year-long history at UK in various positions, thecommunication between faculty and administration has been relatively docile, but this issuethreatens that reputation.

“The university has generally had leaders that listened to the faculty…the coexistence has beenpeaceful for the most part,” said Kennedy.

The issue of tenure is one that has garnered a lot of attention recently as the Kentucky statelegislature’s latest biennial budget leaves room for universities across the state to relieve tenuredfaculty in certain cases related to monetary restraints.

Kennedy, who is currently a tenured professor in the Geography department, is also amongprofessors who required their self-authored textbooks to be required material in their courses.

Kennedy said he wrote checks to students who bought his books to offset the royalties he wouldreceive.

“I was able to assign my students to make those purchases with a completely clear conscience,”said Kennedy.

Ex. 4


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