With March “Madness” in the air, I thought it was about time for another update on the Dr. Paul Kearney situation.
1. The University’s motion to dismiss Dr. Paul Kearney’s Whistleblower case was overruled and therefore this case now proceeds to trial.
2. The open records request for information concerning the University’s College of Medicine Compensation Committee in which the University appealed the former Attorney General’s ruling that these are truly open records and that they are obligated to make them available (http://www.kentucky.com/news/local/education/article48492640.html), was not acceptable to the current offices of the Attorney General and they have once again demanded that the university make available these public records. I have that documentation should anyone wish to see it.
3. Dr. Kearney is currently attempting to appeal his annual performance evaluation, which was as might be expected, as poor as they could make it. This is perhaps the most interesting development. It appears clear from the information available that, having failed through a kangaroo court, threats, intimidation, and even letters to the Board of Licensure, the University and the College of Medicine administration are now attempting to generate a trail of poor faculty performance evaluations to justify there avarice to terminate Dr. Kearney’s employment. This after signing off on 20 years of outstanding performance evaluations.
In essence what is being done here is to bar Dr. Kearney from performing any of his work as a teacher and a physician (keep in mind during this time period he has been forbidden to enter campus and/or talk with any of his co-workers), and then justify signing off on the poorest performance evaluation they could give him by declaring he has not been performing his duties as a teacher and physician. This really seems counterintuitive to me. In essence, Dr. Kearney should have received an outstanding performance evaluation, because he performed precisely everything they asked him to do, which was nothing.
What is even more interesting, when Dr. Kearney requested in the email below to Dean de Beer, his faculty right to a formal appeal of this matter:
From: Kearney, Paul A
Sent: Tuesday, March 01, 2016 3:17 PM
To: de Beer, Frederick C
Subject: Performance Evaluation Appeal
Dear Dean de Beer:
In accordance with the controlling President's Administrative Regulation 3:10.D,E, I am lodging to you, the Dean of the College, a formal complaint and appeal regarding your action that you have characterized as faculty performance evaluation for the calendar year 2015.
He received this reply:
From: de Beer, Frederick C
Sent: Wednesday, March 16, 2016 9:15 AM
To: Kearney, Paul A
Subject: RE: Performance Evaluation Appeal
Dr. Kearney: That is the way it is being handled. Please direct all communication through your counsel to the University counsel, Mr. Thro. Fred de Beer
So in essence, the Dean is telling Dr. Kearney that lawyers are now responsible for handling performance evaluation appeals. Better yet, University General Council Mr. Thro has now been given the authority and responsibility to define a faculty’s right of appeal of a performance evaluation. If I remember correctly, isn’t this the same person that told Dr. Kearney to ‘take the deal or we will destroy your career’. One can only assume that the next move will be to put together another set of EVPHA puppets (kangaroo court) to validate their actions.
The bottom line appears to be 'faculty rights are a thing of the past'. It is clear why so many are looking for jobs elsewhere, and why recruiting is such a problem. Oh well, President Capilouto doesn’t appear to be bothered by any of this. I hope no one shows him the bills for the outside attorneys the University has had to hire to implement this travesty of justice.