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UK KENTUCKY February 17, 2016 Bernard Pafunda, Esq, Pafunda Law Office 175 East Main Street, Suite 600 Lexington, Kentucky 40507-1314 Via Electronic Mail with Hard Copy to Follow via US. Mail, RE: Dr. Kearney Dear Ma. Pafunda: I write concerning Dr, Kearneys salary Because the University Health Care Committee, acting on the unanimous recommendation of the University’s Medical Staff Executive Committee, a Hearing Panel consisting of three of Ds. Kearney’s peers, and the Appellate Review Panel consisting of three members of the Board of Trustees, revoked Dr. Kearney’s elinieal privileges, Dr. Kearny no longer generates clinical income for the University ‘Therefore, itis in appropriate to pay him at the same level as those tenured faculty. members who do generate clinical income. Instead, Dr. Kearney’s salary should reflect his expected contuibutions as a M.D. who holds an appointment as a regular title series tenured full professor in a basic science department of the College of Medicine ‘The Dean has recommended Dr. Kearney receive a salary of $183,713.00 per year, which is the average of the individuals with a M.D. degree who hold ‘appointments as regular title series tenused full professors in the basie science Uopartments of the College of Medicine. ‘The Provost has accepted this recommendation, and the University will seduce Dr. Kearney’s salary to this level boginning Mareh 1, 2016, seeblue. Bernard Pafunda, Esq. February 17, 2016 Page 2 As I explained in my previous letters of November 15, 2018 and December 23, 2015, the University expects Dr. Kearney to submit to the Dean a detailed plan for making future contributions to the University in general and for becoming a productive researcher in particular. Originally, the University asked Dr. Kearney to complete this relatively easy task by December 1, 2015, but later extended that deadline to January 18,2016. Dr. Kearney has yet to submit a plan that meets the Dean's expectations of detail and clarity. ‘The University regards this as an act of insubordination and a reglect of duty. Should Dr. Kearney be unwilling or unable to develop a significant researeh agenda with appropriate external funding, the University will farther adjust his salary to reflect his eoatributions. If Dr. Kearney's fature performance does not match the average of those individuals with M.D. degrees who hold appointments fg regular title series tenured fall professors in the basic departments, it is inappropriate to pay him at the came level Ifyou have any questions, please contact me. Sincerely, General Counsel WErMis ce: Provost Tracy Dean DeBeer

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