KCTCS Board of Regents Policies

2.16.3 KCTCS Independent Third Party Appeal Process

In accordance with KRS 164.586 the Board of Regents established a personnel dispute resolution process that results, in the final stage, in an independent third party appeal available for all employees of the Kentucky Community and Technical College System.

Appealable complaints under the Independent Third Party Appeal Process are allegations that a formal, documented adverse employment action taken for misconduct, which resulted in a reduction of earnings, was improper or inappropriate or was taken for reasons which constitute statutorily prohibited discrimination against members of a protected class of which the employee is a member. Appealable complaints include actions to terminate a faculty member or the college president/ceo for reasons of incompetence, neglect of or refusal to perform assigned duties, or for immoral conduct.

Decisions to terminate employees still in their introductory period are not appealable under the Independent Third Party Appeal Process.

"Independent third party" is defined as a neutral party not representing either the employee or KCTCS, the employer. The choice of this independent third party must be conducted in a manner to ensure independence.

An employee may request redress for an appealable complaint through this process provided that the employee has completed the appropriate appeal process, either through the faculty KCTCS Senate Advisory Committee on Appeals or the KCTCS Complaint Resolution Procedure, and received a final decision. The request for an Independent Third Party Appeal Process shall be filed within thirty (30) calendar days of the rendering of the final decision.

At this stage, the employee may choose either the KCTCS Independent Third Party Appeal Process or relief through the courts, but not both.

Any appealable complaint shall be settled through an independent third party appeal process such as the process used by the American Arbitration Association. The first step in an independent third party appeal process will be to determine if the appeal is within the definition of an appealable complaint. Professional fees and expenses of the third party hearing an appeal shall be shared equally by KCTCS and the appellant employee, with the employee share limited to 5% of the employee's annualized gross income from work at KCTCS. Each party pays for its own cost of representation.

For faculty termination appeals, the independent third party appeal process hearing is held on behalf of the KCTCS Board of Regents. Following the hearing and a decision by the Independent Third Party Appeal Process hearing officer, the KCTCS Board shall make the final decision regarding the appeal.