Exhibit 
KENT SWE.

UNIVERSITY

Melody Tankersley
interim Senior Vice President and Provost

Date: October 7, 2019

To: Todd Kamenash
Assistant Dean of Student and
Director of Student Conduct

From: Melody Tankersley 144,1;
Interim Senior Vice President for Ac emic Affairs and Provost

RE: Persona Non Grata Status (Professor Jesse Leyva]

On October 4, 2019, i, Melody Tankersley, in my capacity as Interim Senior Vice President for
Academic Affairs and Provost learned that Jesse Leyva, Associate Professor in the School of Music,
contacted one of Kent State University's students during the recent Labor Day weekend through
Instagram and Snapchat. I learned about this incident from Kent McWiliiams, Director of the School
of Music. Because this conduct is a violation ofa previous order by a university official and,
therefore, deemed by University Policy to be detrimental to the university community, I am writing
to request a hearing as soon as possible on persona non grata status for Professor Leyva. The basis
for this request is included below.

Previously on August 8, 2019, pursuant to the faculty Collective Bargaining Agreement, I
immediately suspended Professor Leyva from his faculty duties and responsibilities because the
University's Office of Compliance, Equal Opportunity and Affirmative Action had issued several
findings against Professor Leyva for retaliation against several Kent State University? students
through the use ofsocial media. My letter of suspension to Professor Leyva included the following:

During this suspension you are not expected to be on any of Kent State's
Campuses and you will not be assigned teaching responsibilities. Becauae of
the circumstances leading to this suspension. you should have no intaractiuns
with students in person. by email or through social media during thistime.
You are also not expected to attend School, College and University events at
which students are present. Lastly, I must remind you that retaliation against
any person(s) who files a complaint pursuant to applicable University Policy
is in violation of policy as well as the law and is strictly prohibited. Overt or
covert acts of reprisal, interference, restraint, penalty or intimidation against
any person who exercises his/her rights under University Policy and/or
participates in the investigation of a complaint will be subject to appropriate

and prompt disciplinary action. (emphasis added)

Interim Senior Vice President and Provost

 

PO Kent, Ohio 44242-0001 - 330-672-5613 0 Fax 330-672-2644 - mtankers@kent.edz. 

The contractually mandated disciplinary process has been initiated; however, because ofDr.
Leyva?s recent social media conduct with 3 Kent State University student, I believe the additional
interim step of persona non grata status for Professor Leyva needs to be put in place pending the
outcome of the faculty disciplinary process. To be clear, am still considering disciplinary action up
to and including termination of Dr. Leyva?s employment with Kent State University; however, it is
now apparent that he continues to communicate with Kent State University students in
contravention ofmy direct order ofAugust 8, 2019. This conduct is detrimental to the university
community and will not be tolerated.

The University's Administrative Policy Regarding Persona Non Grata Status for Nonstudent Visitors
(University Policy Register can be imposed when "a nonstudent has exhibited behavior
which has been deemed detrimental to the university community and thus is no longer permitted to
frequent or be present in any or spear?ed university loca tions." This policy further states that
?behavior detrimental to the university includes but is not limited to actions by an individual which
result in offenses against persons or property, disruption of university processes or programs, violation
of a previous order given by a university official, a continuing pattern of violation of university rules
and regulations after actual notice of the rules or falsi?cation or misrepresentation of self or other
information to a university office or o?icial." The standard required for placing an individual on
persona non grata status requires a ?nding by the hearing of?cer based on a preponderance ofthe
evidence the the alleged behavior occurred; and, (ii) that such behavior is detrimental to the
university community.

Professor Leyva?s conduct with a current Kent State University student during Labor Day weekend
is a violation ofa previous order given by a university official and thus meets the de?nition of
behavior detrimental to the university as included in University Policy 5-121 As a result, I am
requesting that you in your capacity as Director ofStudent Conduct initiate the process for a
persona non grata hearing on this matter. At the hearing, I will request that Professor Iesse Leyva
be deemed persona non grata status pending the outcome of the faculty disciplinary proceedings
against him. At the conclusion of those procedures, I will approach your of?ce again concerning the
appropriateness ofany further action needed in this matter.

Attachments:

1. Letter from Interim Provost Melody Tankersley to Professor Jesse Leyva, August 8, 2019.
2. Administrative Policy Regarding Persona Non Grata Status for Nonstudent Visitors
(University Policy Register 5-127]