Ryan v. Blackwell Et Al

Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 1 of 15 - Page ID#: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
No. 5:19-cv-________________
____________________________
BUCK RYAN, )
)
Plaintiff )
)
vs. ) Complaint
) Jury Trial Demanded
DAVID BLACKWELL, )
In his Individual Capacity, )
)
JOSEPH REED, )
)
DEREK LANE, )
)
MIKE FARRELL, )
)
Defendants )
____________________________)
Plaintiff Buck Ryan (Ryan) for his complaint against defendants David
Blackwell (Blackwell), in his individual capacity; Joseph Reed (Reed), in his
individual capacity; Derek Lane (Lane), in his individual capacity; and Mike
Farrell (Farrell), in his individual capacity states as follows:
Nature of the Action & Background
1. The most immediate and precipitating genesis of this case is an audit
report instigated by the University of Kentucky’s General Counsel’s office that
defamed Ryan, a long-standing and much-honored tenured university faculty
member, by asserting falsely and wrongly that he had exploited his faculty
position to reap undue monies from students in classes he taught by using one of
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his books as required class materials. The audit report which was done by Reed
remained secreted for many months after it was initially generated and its
existence was wholly unknown to Ryan.
2. Reed’s audit report was initially disclosed to Ryan on or after April 30,
2018, when he was presented with it by Interim Director Farrell of the journalism
school and then Dean Dan O’Hair of the university’s College of Communication
and Information. At a subsequent meeting, O’Hair demanded that Ryan resign
his tenured faculty position. When Ryan questioned the basis for this demand,
O’Hair cited Reed’s audit report and stated he was “only a messenger” regarding
the demand for Ryan’s resignation.
3. Ryan refused to resign his position and relinquish his constitutionally-
protected property right in continued employment in that capacity; instead, he
asserted his due process rights that attach thereto.
4. Upon Ryan’s assertion of his due process rights, Blackwell inaugurated
administrative proceedings to terminate Ryan’s tenured employment as a faculty
member, apparently the first time in 50 years or so that the university had
undertaken such an action. In further retaliation for Ryan’s assertion of his
constitutional rights, Blackwell defamed Ryan by stating falsely to third parties in
a press release issued by the University of Kentucky to at least the Lexington
Herald-Leader that Ryan “stole from students. And he used university resources
to do it.”
5. Ryan’s assertion of his due process rights regarding his continued
employment as a tenured faculty member were vindicated: a university
2
committee concluded in August 2018 that there was no basis for the termination
proceedings and recommended that they be dropped.
6. Ryan at a public forum challenged Blackwell and university president
Eli Capilouto as to why they attempted to fire him with no grounds to do so and
defamed in this process. This speech addressed matters of public concern and
was protected by the First Amendment.
7. In retaliation for Ryan’s assertion and exercise of his constitutional
rights, Lane and Farrell have retaliated against him by fabricating false and
defamatory claims and removing his teaching responsibilities and discharging
him constructively as a faculty member.
8. Ryan’s claims arise under the common law of Kentucky and 42 U.S.C. §
1983. He seeks recovery of compensatory and punitive damages, costs, litigation
expenses and attorney’s fees.
II
Jurisdiction & Venue
9. This Court has jurisdiction over Ryan’s claims pursuant to 42 U.S.C. §
1983 pursuant to 28 U.S.C. § 1331. The Court has jurisdiction over Ryan’s state
law claims pursuant to 28 U.S.C. § 1367(a), as they are so related to the federal
law claims as to form part of the same case or controversy. Venue is proper in this
Court under 28 U.S.C. § 1391(b)(2), because the events giving rise to this action
occurred in Fayette County, Kentucky.
III
Parties
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10. Ryan is a resident of the Commonwealth of Kentucky and resides in
Fayette County, Kentucky.
11. Blackwell, Reed, Lane and Farrell are also residents of the
Commonwealth of Kentucky.
IV
Facts Giving Rise to the Lawsuit
12. Ryan has been employed at the University of Kentucky as a faculty
member in its School of Journalism & Media since 1994, when he was appointed
as journalism school director, having been recruited from Northwestern
University’s prestigious Medill School of Journalism.
13. At various times during his employment at UK, Ryan served as the first
permanent director of the merged School of Journalism and Telecommunications
(1994-2002), and the first executive director of the University’s First Amendment
Center based at the journalism school (2002-2004). From 1994 to 2002,
according to the endowment agreement, the journalism director also served as
the First Amendment Center director.
14. Ryan has received and been awarded numerous honors and teaching
awards during his employment at UK including being honored seven times in the
last eight years as "A Teacher Who Made a Difference" by UK's College of
Education (2018, 2017, 2016, 2015, 2014, 2013 and 2011); being nominated for
the College of Communication and Information 2018-2019 Faculty Teaching
Excellence Award; receiving the ODK Outstanding Leadership & Student
Enhancement Award presented by University of Kentucky President Eli
Capilouto at the 2nd Annual Leadership Awards ceremony of the Nu Circle
4
Chapter of Omicron Delta Kappa, the National Leadership Honor Society, 2015;
receiving the Provost’s Award for Outstanding Teaching for Tenured Faculty at
the University of Kentucky, 2003, after previously being honored by Sigma Kappa
as a “Great Educator” at UK, 1996-97; being named one of Top 50 Journalism
Professors for 2012 by JournalismDegree.org; being honored as National
Runner-up for the 2011 Inspire Integrity Award from the National Society of
Collegiate Scholars, based in Washington, D.C.; and receiving the Faculty Partner
Award, University of Kentucky’s Division of Student Affairs, 2012. He received a
national Telly Award in 2002 for public affairs programming for his KET
documentary, “Citizen Kentucky: Democracy and the Media.”
15. Ryan is and has been since 1994 tenured as an associate professor at
UK.
16. The journalism classes that Ryan has taught at UK have regularly
included, in the last few years, JOU 101, Introduction to Journalism; JOU 303,
News Editing; and JOU 497, The Joy of Writing. For many years he taught his
“Citizen Kentucky: Journalism and Democracy” course in the Freshman
Discovery Seminar series and later in the Honors Program.
17. Ryan developed and regularly used in his classes a book, Writing
Baby, Editing Dog and You: A Friendly Place to Begin Improving Your Writing
(Writing Baby).
18. Ryan’s use of Writing Baby as a teaching aid was approved, in
accordance with university policy, and was listed on the syllabus for his classes.
Those syllabi were reviewed by Ryan’s administrative superiors at the university.
5
Many faculty members at UK similarly use materials and books they have
authored or co-authored in the classes that they teach.
19. At a date presently unknown to Ryan, Reed was directed by the
university’s General Counsel’s office to investigate and prepare an audit report
regarding Ryan’s use of Writing Baby.
20. Reed prepared an audit report that included misrepresentations and
false statements, two of the most material being that (1) Ryan had profited “more
than $6K” from use of the Writing Baby book in his classes; and, (2) the audit
complied with the International Standards for the Professional Practice of
Internal Auditing issued by the Institute of Internal Auditors.
21. Reed’s report completely omitted any consideration of the costs
incurred in producing the books and falsely asserted that Ryan’s profits from the
sale of book were equal to the gross sales dollars.
22. Reed’s report was not consistent with the International Standards for
the Professional Practice of Internal Auditing issued by the Institute of Internal
Auditors.
23. Reed’s equating of gross sales dollars to equal profits is not consistent
with internal auditing standards or common sense.
24. Upon information and belief, Reed calculated both the profits and
asserted that the report complied with the aforementioned internal auditing
standards to increase and aggravate the false and negative light in which the
report portrayed Ryan.
25. In a memo dated April 30, 2018, Ryan was summoned to meet with
Dean Dan O’Hair of the College of Communication and Information and Interim
6
Director Mike Farrell of the School of Journalism and Media to discuss Reed’s
audit report, which was dated November 6, 2018.
26. Ryan saw Reed’s audit report for the first time as an appendix to the
April 30, 2018, memo.
27. Ryan responded to O’Hair and Farrell with a five-page letter outlining
the audit’s faults, including the false and defamatory statements therein and
asking that the audit be voided.
28. In a subsequent meeting Ryan attended to discuss the aduit and his
five-page letter, Dean O’Hair did neither, only demanded Ryan’s resignation
based on the audit, which did not recommend that Ryan resign. Ryan refused to
resign as demanded by O’Hair.
29. Ryan has a property interest and right in his continued employment as
a tenured faculty member that is protected by the due process clause of the U.S.
Constitution’s Fourteenth Amendment.
30. Rather than submit to the demands for his resignation and the
surrender of his constitutionally-protected property interest and right in his
tenured faculty position, Ryan refused to resign, a refusal that constituted an
assertion of his due process rights under the Fourteenth Amendment.
31. As a result of Ryan’s refusal to resign his employment as a tenured
faculty member and his assertion of his due process rights and in retaliation for
both, Blackwell, on behalf of the University of Kentucky, inaugurated proceedings
to abrogate Ryan’s tenure and terminate his employment.
32. The action to terminate Ryan’s employment was reported in the
Lexington Herald-Leader in a story published May 17, 2018, “UK Moves to Fire
7
Professor, Says Book Sales ‘Stole from Students.’ He Vows to Fight.” A copy of
this article is tendered as Ex. 1 to this complaint.
33. Blackwell stated to the Herald-Leader “that Ryan ‘stole from students.
And he used university resources to do it.”
34. Blackwell’s statement that Ryan “stole from students” is false, untrue
and constitutes defamation per se.
35. Blackwell made the false and defamatory statement that Ryan “stole
from students” and “used university resources to do it” in retaliation for Ryan’s
refusal to resign his tenured faculty position and for Ryan’s assertion of his due
process rights attaching to that property interest and right.
36. Ryan’s refusal to resign and assertion of his due process rights resulted
in the termination effort by the university being referred to its Senate Advisory
Committee on Privilege and Tenure (SACPT).
37. After conducting an investigation and taking other appropriate actions,
the SACPT issued a report dated August 6, 2018. A true copy of that report is
tendered as Ex. 2 to this complaint.
38. The SACPT members recommended unanimously that university
president Eli Capilouto end the effort to terminate Ryan’s employment and
tenure, because of a lack of basis or foundation for the action. See Ex. 2.
39. Neither Blackwell nor Capilouto nor anyone else on behalf of the
university has notified or informed Ryan that the efforts to terminate his tenure
and employment has been or will be ended.
40. To the contrary and rather than bringing to a halt the process to
terminate Ryan’s tenure, Capilouto has acknowledged at least impliedly the
8
absence of any basis for Reed’s audit report conclusions and Blackwell’s
defamatory statement by requesting from Ryan the information and/or
documentation set forth in a memorandum dated November 2, 2018, from
Capilouto to Ryan and tendered herewith as Ex. 3 to this complaint.
41. Blackwell has neither retracted nor apologized for his false and
defamatory statements that Ryan “stole from students” and “used university
resources to do it”.
42. The proceedings to terminate Ryan’s tenure and employment as a
tenured faculty member became a widely-discussed issue and a matter of public
concern.
43. The efforts of faculty members at the University of Kentucky to
communicate with its Board of Trustees regarding the effort to terminate Ryan’s
tenure and employment were obstructed by the University’s General Counsel
reported the Kentucky Kernel, “’The most explosive internal issue’ in years. UK
faculty feel unrepresented in firing of tenured professor.” (June 1, 2018, true
copy tendered as Ex. 4 to this complaint).
44. Ryan challenged and protested to Blackwell and Capilouto at public
fora the initiation of the proceedings to terminate his tenure and employment.
45. Ryan’s statements at public fora regarding the proceedings to
terminate his tenure and employment constitute matters of public concern, as
they regard directly one of the most explosive internal issues at the University of
Kentucky in years.
46. As a result and in retaliation for Ryan’s assertion of his due process
rights and speech on matters of public concern and to further aggravate and
9
exacerbate the injuries done Ryan by Blackwell’s and Reed’s false and defamatory
statements, Lane and Farrell have acted to constructively discharge Ryan as a
tenured faculty member and removed his teaching opportunities, while asserting
false and pretextual bases for doing so.
47. Blackwell, at all times pertinent hereto, has been employed as the
Provost for the University of Kentucky. His actions at issue herein have been
taken under color of law within the meaning of 42 U.S.C. § 1983. He is sued in his
individual capacity.
48. Reed, at all times pertinent hereto, has been employed as an auditor
for the University of Kentucky. His actions at issue herein have been taken under
color of law within the meaning of 42 U.S.C. § 1983. He is sued in his individual
capacity.
49. Lane, at all times pertinent hereto, has been employed as the Interim
Dean of the College of Communications and Information at the University of
Kentucky. His actions at issue herein have been taken under color of law within
the meaning of 42 U.S.C. § 1983. He is sued in his individual capacity.
50. Farrell, at all times pertinent hereto, has been employed as the Interim
Director of the School of Journalism and Media at the University of Kentucky.
His actions at issue herein have been taken under color of law within the meaning
of 42 U.S.C. § 1983. He is sued in his individual capacity.
51. As a direct and proximate result of defendants' wrongful actions and
their violations of Ryan’s rights including his constitutional rights, Ryan has
suffered public embarrassment and humiliation, emotional distress and mental
anguish including staggering damage to his personal and professional
10
reputations.
52. Defendants, at all times pertinent to this action, acted in reckless and
gross indifference to Ryan’s rights including his constitutional rights.
Causes of Action
Count 1 – Retaliation for Ryan’s Assertion of His Due Process Rights
53. Ryan incorporates herein paragraphs 1 through 52 hereof.
54. Ryan as a tenured faculty member at the University of Kentucky has a
constitutionally-protected property right and interest in his continued
employment in that capacity.
55. Ryan has due process rights that attach to and protect his
constitutionally-protected property right and interest in his continued
employment as a tenured faculty member.
56. When Ryan refused to resign and relinquish his constitutionally-
protected property right and interest, his refusal constituted an assertion of his
due process rights regarding that same property right and interest.
57. Blackwell’s statements that Ryan “stole from students” and “used
university resources to do it” are false and untrue.
58. Blackwell’s statement that Ryan is a thief – that he “stole from
students” -- is defamation per se under Kentucky law.
59. Blackwell made the false and defamatory statement that Ryan is a thief
– that he “stole from students” – in retaliation for Ryan’s assertion of his due
process rights that attach to his constitutionally-protected property right and
11
interest in his continued employment as a tenured faculty member at the
University of Kentucky.
60. As a direct and proximate result of the retaliation by Blackwell’s false
and defamatory statements, Ryan has suffered public embarrassment and
humiliation, emotional distress and mental anguish including staggering damage
to his personal and professional reputations.
61. Blackwell in stating publicly and falsely to the Lexington Herald-
Leader that Ryan had “stole from students” acted with gross negligence and/or
reckless and gross indifference to Ryan’s rights.
Count 2 – Defamation by Blackwell’s Statement
63. Blackwell’s statement that Ryan “stole from students” is non-
privileged, was made to a third-party and is false and defamatory.
64. Blackwell’s false statement that Ryan is a thief is defamation per se
under Kentucky law.
65. As a direct and proximate result of by Blackwell’s false and defamatory
statements, Ryan has suffered public embarrassment and humiliation, emotional
distress and mental anguish including staggering damage to his personal and
professional reputations.
66. Blackwell in stating publicly and falsely that Ryan had “stole from
students” acted with gross negligence and/or reckless and gross indifference to
Ryan’s rights.
Count 3 - Defamation and False Light by Reed’s Report
12
68. Reed’s report defames Ryan and/or wrongly casts him in a false light
by falsely reporting that he reaped more than 6,000 dollars in royalties or profits
by improperly using and causing the sale of the Writing Baby book.
69. It was foreseeable to Reed that his audit report would be used to harm
and injure Ryan and that the false and incorrect information therein would
wrongfully promote these actions.
70. As a direct and proximate result of Reed’s wrongful acts and actions,
Ryan has suffered public embarrassment and humiliation, emotional distress and
mental anguish including staggering damage to his personal and professional
reputations.
71. Reed has acted with gross negligence and/or reckless and gross
indifference to Ryan’s rights.
Count 4 – Retaliation for Assertion of Constitutional Rights
73. Ryan, as a tenured faculty member, has a clearly-established property
right and interest in his continued employment in that capacity.
74. Ryan has a clearly-established due process right that he asserted in
response to the demands for his resignation.
75. Ryan has a clearly-established right to free speech secured him by the
First Amendment to speak on matters of public concern.
76. The actions by Blackwell and Reed, on behalf of the university, to
terminate Ryan’s employment as a tenured faculty member were matters of
public concern.
77. Ryan’s protests, objections and speech on the unfounded and false
13
grounds relied upon for the attempt to terminate his employment as a tenured
faculty member was speech on matters of public concern.
78. In retaliation for Ryan’s assertion of his constitutional rights,
defendants have continued their efforts to coerce Ryan to resign his employment
as a tenured faculty member: Blackwell has never retracted his false statement
that Ryan “stole from students,” Reed has harassed Ryan by continuing his audit
investigation and Lane and Farrell have stripped Ryan of his teaching
responsibilities and substituted therefor duties of a type and nature as to
constitute an adverse employment action and/or constructive discharge from his
employment as a tenured faculty member.
79. As a direct and proximate result of defendants’ wrongful acts and
actions, Ryan has suffered public embarrassment and humiliation, emotional
distress and mental anguish including staggering damage to his personal and
professional reputations.
80. Defendants’ actions have been undertaken with reckless and gross
indifference to Ryan’s constitutional rights.
VI
Demand For Relief
WHEREFORE, plaintiff Buck Ryan demands judgment herein as follows:
(1) That a judgment be entered awarding him compensatory damages in
such amount as found fair and reasonable by a jury at trial;
(2) That a judgment be entered awarding him punitive damages against
defendants to punish them for his gross and reckless indifference to Ryan’s rights
including his constitutional rights and to deter repetition of similar misconduct;
14
(3) That a judgment be entered awarding Ryan his monetary damages
sustained as a result of the wrongful actions herein by defendants;
(4) That a judgment be entered awarding Ryan his attorney’s fees, costs,
and litigation expenses pursuant to 42 U.S.C § 1988 and Fed. R. Civ. Pro. 54;
and,
(5) That Ryan be granted such other further relief as he is entitled.
DEMAND FOR A JURY TRIAL
Pursuant to Fed. R. Civ. Pro. 38, Ryan demands trial by jury of all issues
herein so triable.
Respectfully submitted,
/s/ Robert L. Abell

Robert L. Abell
120 North Upper Street
Lexington, KY 40507
859.254-7076
859.281.6541 fax
Robert@RobertAbellLaw.com
COUNSEL FOR PLAINTIFF
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Ex. 1
# $22%%%& &982%292" 92 4004'(01(&# 8 )23
Case: 5:19-cv-00188-DCR Doc #: 1-2 Filed: 04/29/19 Page: 1 of 4 - Page ID#: 22
· ~ Universityof Gatton College of

Business and Economics
ff Kentucky. Department of Economics
August 6, 2018
Dr. Eli Capilouto

President, University of Kentucky and
President, University Senate
101 Main Building
RE: Termination proceedings against Professor Leland "Buck" Ryan
Dear President Capilouto,
We are writing to you with our recommendation regarding the termination proceedings against
Professor Leland "Buck" Ryan initiated by Provost Blackwell on May 15, 2018.
As described in the University's Governing Regulation X.B.1.f.(2), Provost Blackwell provided us with
detailed charges against Professor Ryan. Our committee fi rst met on May 21 with Professor Ryan in
attendance; he made a short statement before the committee entered closed session. We have
conducted an informal investigation, attempted to find a resolution, and are now making our
recommendation regarding termination proceedings to you.
As part of our investigation, we have reviewed documents provided by Provost Blackwell and Professor
Ryan, and requested additional information from several sources. In addition, Jenny Minier (SACPT
Chair) spoke at length by phone with Professor _
Beth Barnes, the Director of the School of Journalism
from 2003-15, on May 28, 2018.
We provide more detail about our recommendation on the following pages. In short, we do not think
that the charges support the revocation of tenure. We find no support for charges II. - VI. (with the
caveat mentioned in the following), and do not find that charges I. or VII. merit the revocation of tenure.
The Committee is unanimous in this recommendation.
We are aware that on July 20, 2018, Professor Ryan submitted an open records request to the University
to better prepare his response to the charges, and that the University declined to fully comply with his
request. The University made clear that, to the extent possible, they would provide additional
documents to our committee if requested. When we began our investigation in May, we made clear to
the Administration that we would welcome any additional information they wanted to provide to us.
Having reviewed Professor Ryan's document request, we do not believe that the information requested
would affect our conclusion, with one exception. With respect to document requests numbered 5 and 6,
regarding the implementation and documentation of School, Department, and College policies regarding
see blue-.
Ex. 2
the assigning of self-authored or self-published materials, our impression - as facu lty members across a
range of units - is that these policies are ra rely formally implemented, and approvals have not been
form ally reco rd ed. If we are incorrect in that assumption and the University can show that faculty
members assigning their own textbooks have documented that approval each semester, the
Administration's case against Professor Ryan is strengthened significantly. We have not requested these
documents ourselves, as we believe that the revocation of tenure should be initiated only in the most
clear-cut of cases, and it is imperative that the Administration make their strongest case with the initial
charges. We do not think that it is appropriate for a committee of faculty members, such as the Senate
Advisory Committee on Privilege and Tenure, to attempt to find additional support for the revocation of
tenure beyond that given in the Administration's charges.
Our response to each charge follows.
Count I: Theft of University Property
We do not conclude that this was an intentional misuse of the procard; rather, it seems to be a lack of
communication between Professor Ryan and the Director of the School of Journalism. While misuse of a
university procard is indeed serious, a more standard (and appropriate) remedy for a first-time offense,
particularly given the relatively small amount involved (less than $1,000), would be to request
repayment (which we understand has been made), and possibly to restrict the faculty member's use of
the procard in the future. Any decisions about such restrictions are best made at the College level.
Count II: Attempt to Obtain Falsified University Document
We do not find any support for this charge. After Professor Ryan repaid the printing cost, he requested a
receipt to show his costs for reporting an expense (not a charitable donation) on his taxes.
Count Ill: Using University Affiliation to Receive Lower Printing Costs
We do not find any support for this charge. Neither the Provost's charges nor the Internal Audit cite the
source of this prohibition. Given this ambiguity, and the fact that the University offers an Employee
Discount Program (which expressly allows employees to use their university affiliation for personal use),
we cannot justify punishment on these grounds.
Count IV: Misuse of University Position
We do not find any support for this charge. The supporting points (17-19) establish only that Professor
Ryan assigned his textbook as required material for the courses he taught. This is clearly allowed.
While points 17-19 do not address this, we would like to draw your att ention to the fact that Beth
Barnes, Director of the School of Journalism throughout much of this period, was (1) aware that
Ex. 2
Professor Ryan was using his textbook; (2) aware that he was charging students for it; (3) had forwarded
him the 2009 ethics guidelines on textbook use (not the 2011 Provost policy); and (4) considered th at
Professor Ryan had her tacit approva l to use this textbook during the time she was the School's Director.
We would also like to draw your attention to the fact that the Internal Audit committee did not attempt
to speak to Professor Barnes. .
Count V: Violation of University Textbook Policy
We do not find any support for revocatio n of tenure on these grounds. Contrary to points 22-23,
Professor Ryan asserts that he has made charitable donations to other organizations, which is clearly
allowed in the textbook policy. As for part 24, Director Barnes was aware of, and considers Professor
Ryan to have had her approval for, the use of his textbook in his courses.
In addition, the Provost's policy is dated 2011, and the ethical opinion (dated.2009) recommends that its
guidelines be followed by a "self-reported honor system."
We are concerned that such an unclear policy, which is unfamiliar to most University facu lty, would be
used to undertake the revocation of tenure. Given the vagueness of the policy, it may be appropriate to
revisit it. In add it ion, we have several suggestions of very simple strategies to increase awareness of and
compliance with the policy, including:
• Include a link to the policy in the email sent by the Provost every semester about deadlines for
submitting textbook information to the bookstore;
• Require the bookstore to ask whether a textbook is self-authored and, if so, whether
appropriate approval has been obtained.
Count VI: Violation of University Business Procedures
Again, we find no support for this charge. Professor Ryan did go through the bookstore to sell the
material to students. Our interpretation of the relevant section of the Business Procedures Manual is
that faculty are not allowed to directly sell course materials to students without formal approval, which
Professor Ryan did not do.
Count VII: Misrepresentation and Dishonesty
Our view is that Professor Ryan engaged in sloppy accounting and not updating his syllabus. While
standard accounting procedures would likely not recognize his actions as "paying off a $10,000
donation," our view is that Professor Ryan felt that his total donat ions (past and current, including to his
. church, children's schools, and other organizations) exceeded his revenues from the textb ook sales. We
also note that neither the Provost policy nor the ethical guidelines require that students be made aware
of the nature of the donations.
While it is clearly not required by the current policies, it may be appropriate for the Administration to
request from Professor Ryan a complete accounting of printing costs incurred, revenues from the sale of
Ex. 2
the textbook, and charitable donations over the period (note that no policy requires that the donations
be made to UK; other charitable donations are allowed). If Professor Ryan's charitable donations do not
exceed after-cost revenues, he should make up the difference w ith a donation to a charitable donation
of his choice. While we feel that a donation to UK would be most appropriate, that is clearly beyond the
scope of the current guidelines.
To summa rize, our recommendation is that you drop the termination proceedings against Professor
Ryan. We also recommend that you and/or Provost Blackwell clearly communicate the textbook pol icy
to the University community.
The committee would be glad to discuss this further with you if you would like.
Sincerely,
Jenny Minier
Chair, Senate Advisory Committee on Privilege and Tenure
Senate Advisory Committee on Privilege and Tenure members conside'ring t his case: Jim mi Hatton-
Kolpek, Faith Harders, Benjamin Karp, Robert Marshall, Lisa Ruble, David Silverstein, Gregory Smith
cc: Professor Leland Ryan
Ex. 2
Ex. 3
4/20/2019 'The most explosive internal issue’
Case: 5:19-cv-00188-DCR Docin years. UK faculty
#: 1-4 feel unrepresented
Filed: 04/29/19 inPage:
firing of tenured
1 of 3professor
- Page | News
ID#:| kykernel.com
27
http://www.kykernel.com/news/the-most-explosive-internal-issue-in-years-uk-faculty-feel/article_c0165b1a-65dc-
11e8-b92c-c38c243d36aa.html
'The most explosive internal issue’ in years. UK faculty feel

unrepresented in firing of tenured professor
Jacob Eads Jun 1, 2018
UK Professor Buck Ryan

Adam Pennavaria
Last week, concerned faculty members issued a letter to the entirety of UK’s faculty—over 3,200
individuals—in an effort to display information they say shows evidence that their access to the
elected Faculty Trustees is being restricted.
In the letter, UK faculty fear access to their elected university officials are being limited in regards
to the termination of a tenured professor. UK has argued back that it would be “inappropriate” for
administrative and faculty members involved in the firing process to hear the faculty’s opinion as
it may cause improper bias.
Ex. 4
www.kykernel.com/news/the-most-explosive-internal-issue-in-years-uk-faculty-feel/article_c0165b1a-65dc-11e8-b92c-c38c243d36aa.html 1/3
firing of tenured
2 of 3professor
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This comes after university of cials initiated termination proceedings against Buck Ryan, a
tenured journalism professor, following an internal audit that said he unrightfully profited from
the sales of his self-authored textbook that was required for some of his courses.
The letter in question shows Professor Michael Kennedy’s unsuccessful attempt to give his
opinion about the potential termination of tenured Journalism professor Buck Ryan to President
Eli Capilouto and the Board of Trustees. Kennedy gave the Kernel many of his correspondences
pertaining to the matter.
Kennedy’s initial correspondence to the administration, in which he requests that his opinion be
shared with Capilouto and calls the Provost David Blackwell’s recommendation to terminate
Ryan “almost-unprecedented”, was met by opposition by UK General Legal Counsel William
Thro.
Thro authored an email back to Kennedy that said because the University Senate Advisory
Committee on Privilege and Tenure would be advising President Capilouto, he would not be
reviewing or responding to Kennedy’s email.
Thro added that because there is a possibility that the Board of Trustees may eventually be asked
to rule on the case, it would be “inappropriate” for the Faculty Trustees, who are the elected
faculty representatives on the Board of Trustees, to review or respond to Kennedy’s email.
Kennedy is claiming that Thro’s comments that his communications are inappropriate is “like
saying it is inappropriate for citizens in a democracy to communicate with elected officials.”
Davy Jones, Ernie Yanarella and John Wilson, concerned faculty who issued a blanket email to
campus opposing Thro’s opinion, are all former Faculty Trustees who served on the Board of
Trustees.
In their widespread email, they state that in their combined experiences “former UK General
Counsels never described to Faculty Trustees that it was inappropriate for Faculty Trustees to read
communications from our faculty constituents on any of these matters, or any University matter.”
The matter of Professor Ryan’s termination is one that Kennedy calls, “probably the most
explosive internal issue to come before this university in many years.”
Kennedy is also a former Faculty Trustee.

Ex. 4
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The university is backing Thro’s comments that allowing the administrative officials to review
Kennedy’s opinionated comments would be inappropriate.
“The Board of Trustees may be asked to make a decision in Professor Ryan's situation. Just as it is
inappropriate for a judge to discuss the details of a case when there is a possibility that the judge
may eventually have to decide the case, it is inappropriate for any member of the Board of
Trustees to discuss details of Professor Ryan's situation,” UK spokesperson Jay Blanton said. “To
engage in such discussions could create a perception of bias or an inability to provide due
process.”
Kennedy said that in his more than 50-year-long history at UK in various positions, the
communication between faculty and administration has been relatively docile, but this issue
threatens that reputation.
“The university has generally had leaders that listened to the faculty…the coexistence has been
peaceful for the most part,” said Kennedy.
The issue of tenure is one that has garnered a lot of attention recently as the Kentucky state
legislature’s latest biennial budget leaves room for universities across the state to relieve tenured
faculty in certain cases related to monetary restraints.
Kennedy, who is currently a tenured professor in the Geography department, is also among
professors who required their self-authored textbooks to be required material in their courses.
Kennedy said he wrote checks to students who bought his books to offset the royalties he would
receive.
“I was able to assign my students to make those purchases with a completely clear conscience,”
said Kennedy.
Ex. 4

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Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 1 of 15 - Page ID#: 1

UNITED STATES DISTRICT COURT

Blackwell (Blackwell), in his individual capacity; Joseph Reed (Reed), in his

Farrell (Farrell), in his individual capacity states as follows:

Nature of the Action & Background

1. The most immediate and precipitating genesis of this case is an audit

report instigated by the University of Kentucky’s General Counsel’s office that

defamed Ryan, a long-standing and much-honored tenured university faculty

existence was wholly unknown to Ryan.

and Information. At a subsequent meeting, O’Hair demanded that Ryan resign

the demand for Ryan’s resignation.

3. Ryan refused to resign his position and relinquish his constitutionally-

protected property right in continued employment in that capacity; instead, he

asserted his due process rights that attach thereto.

4. Upon Ryan’s assertion of his due process rights, Blackwell inaugurated

administrative proceedings to terminate Ryan’s tenured employment as a faculty

undertaken such an action. In further retaliation for Ryan’s assertion of his

constitutional rights, Blackwell defamed Ryan by stating falsely to third parties in

a press release issued by the University of Kentucky to at least the Lexington

5. Ryan’s assertion of his due process rights regarding his continued

employment as a tenured faculty member were vindicated: a university

proceedings and recommended that they be dropped.

6. Ryan at a public forum challenged Blackwell and university president

was protected by the First Amendment.

7. In retaliation for Ryan’s assertion and exercise of his constitutional

defamatory claims and removing his teaching responsibilities and discharging

him constructively as a faculty member.

1983. He seeks recovery of compensatory and punitive damages, costs, litigation

expenses and attorney’s fees.

Jurisdiction & Venue

9. This Court has jurisdiction over Ryan’s claims pursuant to 42 U.S.C. §

occurred in Fayette County, Kentucky.

10. Ryan is a resident of the Commonwealth of Kentucky and resides in

Fayette County, Kentucky.

Facts Giving Rise to the Lawsuit

12. Ryan has been employed at the University of Kentucky as a faculty

as journalism school director, having been recruited from Northwestern

University’s prestigious Medill School of Journalism.

permanent director of the merged School of Journalism and Telecommunications

Center based at the journalism school (2002-2004). From 1994 to 2002,

according to the endowment agreement, the journalism director also served as

the First Amendment Center director.

the College of Communication and Information 2018-2019 Faculty Teaching

Excellence Award; receiving the ODK Outstanding Leadership & Student

Enhancement Award presented by University of Kentucky President Eli

Capilouto at the 2nd Annual Leadership Awards ceremony of the Nu Circle

as a “Great Educator” at UK, 1996-97; being named one of Top 50 Journalism

Professors for 2012 by JournalismDegree.org; being honored as National

Award, University of Kentucky’s Division of Student Affairs, 2012. He received a

documentary, “Citizen Kentucky: Democracy and the Media.”

“Citizen Kentucky: Journalism and Democracy” course in the Freshman

Discovery Seminar series and later in the Honors Program.

18. Ryan’s use of Writing Baby as a teaching aid was approved, in

Those syllabi were reviewed by Ryan’s administrative superiors at the university.

authored or co-authored in the classes that they teach.

19. At a date presently unknown to Ryan, Reed was directed by the

university’s General Counsel’s office to investigate and prepare an audit report

regarding Ryan’s use of Writing Baby.

20. Reed prepared an audit report that included misrepresentations and

complied with the International Standards for the Professional Practice of

Internal Auditing issued by the Institute of Internal Auditors.

21. Reed’s report completely omitted any consideration of the costs

sale of book were equal to the gross sales dollars.