Two current Emporia State University professors have filed a legal request against the university, Kansas Board of Regents, the Kansas Office of Administrative Hearings and several Administrative Hearings officials as the latest step following Regents’ approval of ESU’s Framework for Workforce Management this past fall.
The Kansas Supreme Court has accepted jurisdiction for what is officially called a Petition for Mandamus, which means the state high court can compel a lower court to take action in the case. ESU, the Board of Regents and Office of Administrative hearings need to file their responses by March 13.
In a 32-page filing, Christopher Lovett and Amanda Miracle ask the Kansas Supreme Court to issue stays in Lovett’s and Miracle’s separate proceedings before the Office of Administrative Hearings and for the process to not violate US and state constitutions. They also say they have been denied due process regarding their employment as tenured professors.
Miracle and Lovett say they could seek relief in US District Court — typically something that’s not available through mandamus — but they are seeking mandamus-based relief because this case could have a ripple effect for the 33 employees already terminated and 19 other tenured professors who have appeals pending. They also say “innumerable lawsuit issues” could be avoided if the Kansas Supreme Court determines the issue soon because of the need for “speedy adjudication” in this case.
In September, ESU submitted its Framework for Workforce Management, a temporary COVID-19-based policy approved by the Regents allowing universities to restructure certain degree programs and thus open the door for reducing personnel numbers, including those of tenured staff. The Regents approved the policy later in the month, setting the stage for over 30 faculty dismissals and several program cancellations. Reinvestment announcements for several university programs have followed over the last six months.
Miracle and Lovett say the Regents-approved overall plan let ESU make changes to personnel and programs without having to follow due process requirements and other Regents-approved policies.
Lovett and Miracle say they are awaiting the results of respective administrative appeals to keep their jobs at ESU. KVOE News has reached out to both people for comment and perspective.
Emporia State says it does not comment on pending litigation or other employment-related litigation as a matter of standing policy. The Kansas Board of Regents has not issued a statement.
Two other professors, Brenda Koerner and Rachelle Smith, have appeals before the Office of Administrative Hearings later this month.
