State Dean Case
My challenge to the dean appointment under the Kentucky Constitution and the University’s contractual commitment to accreditation standards. Franklin Circuit Court No. 26-CI-00885.
The major filings in this case are provided below.
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Order Quashing Subpoenas
The court quashed my subpoenas to Van Tatenhove, Capilouto, and DiPaola to testify at the September 30 hearing on my motion for a temporary injunction. It described the disputed facts as “broader issues of university governance,” and said it was unsure what statute or case law would allow a court to intervene in the appointment…
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Reply in Support of a Temporary Injunction
Against a thicket of violated rules, the University offers only that a statute gives its Board of Trustees exclusive jurisdiction over appointments and that the Board delegated that power to the President. But exclusive jurisdiction over appointments cannot authorize the University to violate the Kentucky Constitution or the contracts it has voluntarily entered into.
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Response to Motion to Dismiss
The University argues that I lack standing because the rights I assert belong to the faculty as a whole. I explain that my expressive-association, contract, and other claims are personal to me.
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Supplemental Memorandum in Support of a Temporary Injunction
I compare the University’s response to political pressure with Cambridge’s handling of a controversial appointment. I also show that the Van Tatenhove appointment violated three accreditation standards and the University’s own appointments regulation.
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University’s Motion to Dismiss the State Dean Case
The University moved to dismiss the state dean case.
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Superseding Motion to Consolidate Hearings
The University relied on the federal court’s opinion denying expedited discovery in my voluntarily dismissed federal case. I explain that the opinion addressed only my federal expressive-association claim, not my arbitrary-power, contract, and speech-chill claims under Kentucky law, and I respectfully set out why I believe its analysis of expressive association should not be followed.
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State Dean Case Complaint
I refiled the dean case in Franklin Circuit Court. The claims now arise under the Kentucky Constitution and the University’s own rules, which incorporate accreditation standards prohibiting the appointment of a dean over the objection of the faculty without good cause.
