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From: William E. Thro, General Counsel [generalcounsel.uk@UKY.

EDU]
Sent: Thursday, September 29, 2016 12:53 PM
To: Jones, Davy
Subject: Notice of New and Revised Regulations

The University of Kentucky formally approves, issues, and maintains in a consistent


format, official university regulations in a central regulations library. University
regulations connect the Universitys mission to individual conduct, clarify institutional
expectations, support compliance with laws and regulation, mitigate institutional risk,
and enhance productivity and efficiency in the University operations. University
regulations are thoroughly reviewed, maintained, and made available to the University
community to promote compliance, and accountability. State law authorizes the Board
of Trustees to establish regulations for the governance of the University. (KRS 164.180
& KRS 164.200)

The Governing Regulations contain policies established by the Board of Trustees for the
governance of the University; describe the composition, powers and duties of the Board
of Trustees; and, establish policies and procedures for the performance of the Board of
Trustees functions. The Governing Regulations delineate the duties of the President
and responsibilities of the University Senate, Staff Senate, Student Government
Association, and the educational and administrative units of the University. The Board
of Trustees makes final approval of Governing Regulations.

The Administrative Regulations provide interpretation and implementation of the


University-wide policies set forth by the Board of Trustees. Administrative Regulations,
including the Human Resource Policies and Procedures and the Business Procedures,
are typically approved by the President, unless Board approval is required for legal or
accreditation reasons. For more information on the Regulation process, please see
Governing Regulation XIII and Administrative Regulation 1:6. The Office of Legal
Counsel is pleased to announce the issuance of the following new and revised
Governing Regulations (GR) and Administrative Regulations (AR):

AR 6:2, Policy and Procedures for Addressing and Resolving Allegation of Sexual
Assault, Stalking, Dating Violence, and Domestic Violence (Approved by the President,
6/10/2016)
The University of Kentucky is committed to providing a safe learning, living, and working
environment for all members of the University community. The federal government, by
means of continuous interpretative guidance for Title IX of the Education Amendment of
1972 (20 U.S.C. 1681 1688), the Violence Against Women Reauthorization Act of
2013 (VAWA), and the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act (Clery Act), instructs universities and other institutions on
the expected parameters for addressing and resolving allegations of sexual assault,
stalking, dating violence, and domestic violence. Consistent with the Universitys
commitment to student safety and guidance from the federal government, AR 6:2
establishes the Universitys policies and procedures. Click here to review a timeline of
past revisions to AR 6:2 and recent Federal Interpretive guidance. The most recent
revisions:
Add new Introduction and Policy sections to clarify the ARs purpose and
emphasize the Universitys commitment to providing a safe learning, living, and
working environment for all members of the University community.
Update the Scope section to clarify that the AR applies to prohibited conduct
that occurs off campus if the off campus activity is authorized, initiated,
sponsored, aided, or supervised by the University or a registered student
organization; and, outside the context of a University employment or education
programs or activity, if the conduct has continuing adverse effects on or creates a
hostile environment for students, employees, or third parties while on property
owned, leased, or controlled by the University, or in any University employment
or education program or activity.
Update the definition of Affirmative Consent to clarify that a voluntary
expression of consent must be obtained from each person involved in sexual
activity.
Add new definitions for: Cyber-stalking, Complicity, Force or Coercion,
Incapacitation, Physical Assault, Sexual Exploitation, and Responsible
Employee.
Change the name of the Complainant to the Complaining Witness to
underscore that the University, not the victim, brings the case against the
accused .
Add specific contact information for the Universitys Title IX Coordinator and
Deputy Title IX Coordinator.
Update the Rights of the Complaining Witness and the Respondent section to
ensure equal rights for both parties.

In addition, the procedures for addressing and resolving allegations of prohibited


conduct (AR 6:2 - Appendix) are revised to:
Clarify the role of the Title IX Coordinator to conduct an investigation to
determine if there is enough information to support and alleged violation of AR
6:2 and, if so, which violation(s) occurred.
Clarify that the procedures apply to University students, faculty, and staff.
Clarify that the procedures supersede procedures for student misconduct found
in the Student Code of Conduct and procedures for employee misconduct found
in Human Resources Policies and Procedures, but do not supersede procedures
for faculty suspension and termination found in Governing Regulation X.
Clarify the purpose of pre-hearing meeting (Informal Resolution Option).
Clarify that the University, not the complaining witness or victim, presents the
case against a respondent at hearings.
For increased readability, alphabetized all definitions and made definitions in the
AR consistent with definitions in the Appendix.

GR II, Governance of the University (Approved by the Board of Trustees, 9/9/2016)


This GR is revised to increase the threshold amount for capital project requiring Board
of Trustees approval in accordance with House Bill 80, enacted by the 2016 General
Assembly, and signed by the Governor on April 27, 2016, which increases the
thresholds of capital-related activities that do not require legislative authorization for
institutions of higher education. The amount for any capital construction item, or any
combination of capital construction items necessary to make a building or utility
installation complete requiring authorization, increased from $600,000 to $1,000,000,
effective July 15, 2016. In addition, the GR is revised to increase the minimum level of
gifts to be accepted by the Board of Trustees from $400,000 to $1,000,000.

GR VII, University Organization (Approved by the Board of Trustees, 6/24/2016)


This GR is revised to establish an Honors College (to be known as The Lewis Honors
College) as a major educational unit, along with the existing colleges, the Graduate
School, and the Libraries.

GR XII, University of Kentucky Development Council Eliminated (Approved by the


Board of Trustees, 9/9/2016)
This GR is removed in its entirely for the Governing Regulations at the request of the
Office of Philanthropy. This Development Council is no longer in service, and has not
been for some time. A new philanthropy advisory board or equivalent organization may
be initiated in the future utilizing current national best practices.

AR 2:1-1, Procedures for Faculty Appointment, Reappointment, Promotion, and the


Granting of Tenure (Faculty appointed on or after 7/1/2009) and AR 2:1-2, Procedures
for Faculty Appointment, Reappointment, Promotion, and the Granting of Tenure
(Faculty appointed before 7/1/2009) (Approved by the President, 8/20/2016)
These ARs are revised to comply with the Affordable Care Act by clarifying that visiting
and part-time faculty with a total FTE of 0.75 and above are eligible to receive the
University contribution toward health plan coverage. The revisions are necessary for
legal compliance with federal law.

AR 2:2-1, Appointment, Reappointment, Promotion, and the Granting of Tenure in the


Regular Title Series (Regular Title Series faculty appointed on or after January 1, 2000)
and AR 2:2-2, Appointment, Reappointment, Promotion, and the Granting of Tenure in
the Regular Title Series (Regular Title Series faculty appointed prior to January 1,
2000) (Approved by the President, 8/20/2016)
These ARs are revised as part of the Universitys routine regulation review cycle. The
revisions consists of formatting changes to conform the regulation to the current AR
template and do not include substantive changes.
AR 2:3, Appointment, Reappointment, Promotion, and the Granting of Tenure in the
Extension Title Series and AR 2:4, Appointment, Reappointment, Promotion, and the
Granting of Tenure in the Special Title Series (Approved by the President, 8/20/2016)
These ARs are revised as part of the Universitys routine regulation review cycle. The
revisions consists of formatting changes to conform the regulation to the current AR
template and do not include substantive changes.

AR 2:10, Voluntary Series Faculty (Interim Regulation) (Approved by the President,


5/10/2016)
This AR is revised to allow colleges that appoint Voluntary Series Faculty to delegate
the evaluation of Voluntary Faculty appointments, reappointments, and promotions to a
committee. Previously, the AR required a vote of the entire educational unit faculty for
each appointment, reappointment, or promotion in the voluntary series.

AR 3:2, University of Kentucky Phased Retirement Policy and Program (Approved by


the Board of Trustees, 5/3/2016)
The Universitys Phased Retirement Program provides an opportunity for eligible full-
time faculty and staff to transition to retirement through part-time service. This AR is
revised to: clarify procedures for application and approval of phased retirement; clarify
University benefits during phased retirement; and, establish a maximum full-time
equivalency (FTE) of 80 percent while on phased retirement and a maximum duration of
three (3) years.

AR 3:3, Policy on Payment of University of Kentucky Employees (Approved by the


President, 8/24/2016)
This AR is revised to: clarify the payment schedule/formula for faculty in 9, 10, and 11-
month appointments; clarify procedures related to faculty who leave the University prior
to completing their assignment and have received unearned salary; strengthened and
clarify language related to mandatory direct deposit for all University employees.

AR 4:10, Code of Student Conduct (Approved by the Board of Trustees, 6/24/2016)


The Code of Student Conduct (Code) documents the Universitys rules, procedures,
and responsibilities related to non-academic student conduct. The Code defines
expected and prohibited behavior, and specifies the procedural due process to which
students and student organizations are entitled in the disciplinary process. The Code
also specifies the sanctions that may be imposed when a student or an organization is
found responsible for a violation. The Code is revised to: ensure that the Code and
procedures are in compliance with recent changes to Federal and State law (e.g., the
Clery Act, Title IX, policies issued by the Office of Civil Rights); incorporate recent
changes to Administrative Regulation 6:2, Policy on Sexual Assault, Stalking, Dating
Violence and Domestic Violence; and, incorporate the Code of Student Conduct into the
Universitys body of Administrative Regulations as new AR 4:10.

AR 6:3,Environmental Health & Safety (Approved by the President, 8/24/2016)


This AR is revised to: update and clarify the responsibilities of the Environmental Health
Division and University Senior Administrators; add a new section for the responsibilities
of Unit Administrators; and, clarify supervisor responsibilities to report employee work-
related injuries/illnesses to UK Workers Care (Workers Compensation).

AR 6:9,Environmental Health and Safety Committees (Approved by the President,


8/24/2016)
This AR is revised to: changed the name of the regulation from the Committee on
Safety and Environmental Health to Environmental Health and Safety Committee,
Chemical Safety Committee, Institutional Biosafety Committee, and Radiation Safety
Committee to accurately reflect the content of the AR and to clarify that the Chemical
Safety Committee, Institutional Biosafety Committee, and Radiation Safety Committee
are stand-alone committees rather than subcommittees.

AR 8:2, Approval of University Capital Projects (Approved by the Board of Trustees,


9/9/2016)
This AR is revised to increase the threshold amount for capital projects requiring Board
of Trustees approval in accordance with House Bill 80, enacted by the 2016 General
Assembly, and signed by the Governor on April 27, 2016, which increases the
thresholds of capital-related activities that do not require legislative authorization for
institutions of higher education. The amount for any capital construction item, or any
combination of capital construction items necessary to make a building or utility
installation complete requiring authorization, increased from six hundred thousand
dollars ($600,000) to one million dollars ($1,000,000), effective July 15, 2016. In
addition, the revision updates procedures for University colleges and departments to
request university capital projects and for the approval of capital projects.

AR 8:7, Tuition and Student Fees (Approved by the President, 8/24/2016)


This AR is revised to: change the name of the regulation from Tuition and Student
Fees to Student Fees to accurately reflect the content; clarify mandatory fees vs. non-
mandatory fees; and, clarify the procedures for departments seeking to establish a
student fee.

AR 9:10, Accessible Parking Application Review Committee (Approved by the


President, 8/20/2016)
This new Administrative Regulation formally establishes the Accessible Parking
Application Review Committee that evaluates applications for University accessible
parking permits and makes decisions on applications for accessible parking
accommodations at the University. This Committee has been in existence for several
years and is essential in the application process for University of Kentucky disabled
accessible parking permits. Formalizing the Committee will more clearly define the
Committees purpose, charge, and membership.

Please familiarize yourself with these new and revised regulations. If you are a
supervisor, please communicate this information to the faculty and staff within your
area. The complete administrative regulation library, including the list of recently
revised or new regulations, may be found at http://www.uky.edu/Regs. Questions about
these or other regulations should be directed to the Office of Legal Counsel at (859)
257-2936, or Marcy Deaton at mdeaton@uky.edu.