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Kay v. State of Arizona Board of Regents -Court of Appeals - Division Two: 2CA-CV 00-0036
In a decision issued on July 24, the Arizona Court of Appeals determined that the courts have jurisdiction to consider whether Dr. Marguerite Kay should be reinstated pending further proceedings by the University.
The Court of Appeals did not reinstate Dr. Kay but instead sent the case back to the trial court to consider the reinstatement issue. In an order entered in December of 1999, the lower court had remanded the decision concerning reinstatement to the University. Although the University is considering a further appeal to establish that the University, not the courts, has the initial authority to make personnel decisions, since Dr. Kay has already been placed back on the payroll the Court of Appeals' decision will have little practical effect.
Contact Sharon Kha, associate vice president university communications, (520) 621-9017, with questions.