Kentucky State University v. Karah Stokes
2023-CA-0687
Ky. Ct. App.Nov 1, 2024Background
- Dr. Karah Stokes was a tenured professor at Kentucky State University (KSU) from 1997 to 2016, achieving tenure in 2002/2003 and full professorship in 2008.
- In 2015-2016, Stokes was involved in four documented incidents relating to refusal of student accommodation, excluding students without due process, obstructing class observations by KSU officials, and inappropriate conduct toward a staff member.
- KSU moved to terminate Stokes for cause under KRS 164.360(3) and suspended her without pay in September 2016, prior to affording her a pre-termination hearing.
- After administrative and judicial proceedings, Stokes challenged her due process rights over the lack of a pre-termination hearing and sought back pay, while KSU defended the process and substance of her termination.
- The circuit court found in favor of KSU on the grounds for termination but found KSU violated Stokes's due process rights by not providing a pre-termination hearing, ordering back pay for the period of unpaid suspension before her hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Stokes's termination supported by substantial evidence? | Stokes: The evidence did not meet the statutory grounds for termination. | KSU: Charges were factually and legally supported by the record. | Yes; substantial evidence supported termination. |
| Did KSU violate Stokes's due process rights by suspending her without a pre-termination hearing? | Stokes: She was entitled to a pre-termination hearing under Loudermill. | KSU: Stokes received due process via subsequent administrative hearing & initial meeting sufficed. | Yes; due process was violated by lack of pre-termination hearing. |
| Is Stokes entitled to back pay for the suspension period? | Stokes: Due process violation warrants back pay/benefits. | KSU: No back pay, as due process was provided and/or university immune. | Yes; awarded back pay for unpaid suspension period before hearing. |
| Can Stokes obtain relief under 42 U.S.C. § 1983 for constitutional violations? | Stokes: She is entitled to injunctive relief and damages via § 1983. | KSU: Sovereign immunity and KSU is not a "person" under § 1983. | Back pay allowed as equitable relief; no reinstatement. |
Key Cases Cited
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (establishes requirement for pre-termination hearing for public employees)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (balancing test for procedural due process requirements)
- Am. Beauty Homes Corp. v. Louisville and Jefferson County Planning and Zoning Comm’n, 379 S.W.2d 450 (Ky. 1964) (scope of judicial review of administrative action)
- Kentucky State Racing Comm’n v. Fuller, 481 S.W.2d 298 (Ky. 1972) (substantial evidence standard in administrative review)
- Kentucky Comm’n on Human Rights v. Fraser, 625 S.W.2d 852 (Ky. 1981) (judicial deference to administrative findings)