Josh has established a successful education and employment practice, both as general counsel and as a litigation defense attorney. He represents and advises school districts, colleges, and universities in litigation, governance, and employment matters, including discipline, employee policies, the Family Medical Leave Act (FMLA), the Civil Rights Act (Title VII), the Americans with Disabilities Act (ADA), Title IX, Open Meetings and Open Records, contracts, and immunity challenges. Josh also represents a number of employers in both the public and private sectors. Josh has received advanced training in Title IX investigations from ATIXA (Association of Title IX Administrators), and has served as a special investigator of employee misconduct when circumstances require the investigation be handled by an outside party.
- Association of Title IX Administrators, Advanced Title IX Investigations Training (2015)
- Spring Arbor University, Young Leader Award (2012)
PROFESSIONAL & CIVIC ACTIVITIES
- National Association of College and University Attorneys
- Employment Law Alliance
- Higher Education Council of the Employment Law Alliance
- Kentucky School Boards Association, Council of School Board Attorneys
- National School Boards Association, Council of School Attorneys
- Fayette County Bar Association
- Kentucky Bar Association
- GO InterNational, Board of Directors, Board Vice-Chair and Governance Committee Chair
- Don’t Jump the Gun: Navigating Kentucky Law on Regulating Firearms in the Workplace, Kentucky Constructor: A Publication of the Association of General Contractors of Kentucky (2014).
- “What’s Mine is Yours”: Tax Consequences of Employer-Sponsored Leave-Sharing Plans, Inquiry & Analysis: a publication of the National School Boards Association’s Council of School Attorneys (October 2011).
- Common Misunderstandings About Open Records and Open Meetings: Four Truths Every School Administrator Must Know, Kentucky School Leader: a publication of the Kentucky Association of School Administrators (Winter 2008).
- Subduing the Subpoena: Suggestions for a More Manageable Approach, Inquiry & Analysis: a publication of the National School Boards Association’s Council of School Attorneys (December 2007).
- Discrimination and Harassment Prevention Training, Kentucky Association of School Administrators School Human Resources Leadership Program (2018).
- Planes, Trains and Automobiles: Liability Issues Arising from Student Travel, University of Kentucky 2nd Biennial Education Law Conference (2017).
- Basic Principles and Common Misunderstandings about Open Records, University of Kentucky 2nd Biennial Education Law Conference (2017).
- Staying within Ethical Boundaries in Conducting School District Investigations, presentation for the Council of School Board Attorneys (CSBA) Winter Meeting (2016).
- Key Issues in 2016 that Will Keep Administrators at U.S. Colleges and Universities up at Night, presentation for the Higher Education Council of the Employment Law Alliance (January 2016).
- Drug Testing of City Employees, presented at the Kentucky League of Cities Annual Conference (2015).
- Reasonable Accommodation or Regrettable Obligation? Don’t Let Your Good Deed be Punishment, presented at the Kentucky Society for Human Resources (KYSHRM) Annual Conference (2015).
- How to Conduct Effective Investigations, presented at the UK CLE Education Law Conference (2015).
- The NLRB Comes to Campus: An Update on Union Activity at U.S. Institutions of Higher Education, presentation for the Higher Education Council of the Employment Law Alliance. (February 2015).
- Take it from the Top: The First Amendment and Employment Law Matters, presented at the University of Kentucky’s Annual Employment Law Institute (June 5, 2014) (Author and Presenter).
- Stay Out of My Face(Book): A School Attorney’s Guide to Social Networking in the Workplace, presented at the Kentucky Bar Association’s Annual Convention (June 8, 2012) (Author and Presenter).
- Whose Tube is YouTube? Knowing When a School can Discipline Cyber-Bullying and Other Student Internet Misconduct, presented at the Kentucky School Board Association’s Annual Conference (January 31, 2009) (Author and Presenter).
- Common Misunderstandings About Open Records and Open Meetings: Five Truths Every School Administrator Must Know, presented at the Kentucky Association of School Administrators’ Institute (July 17, 2008) (Author and Presenter).
- What Does the Statute Say? (The ABC’s—and U.S.C.’s and C.F.R.’s—of Records Retention), presented as part of Records Retention: To Keep or Not to Keep, National Association of College and University Attorneys’ 2008 Annual Conference (June 24, 2008) (Author only).
- University of Kentucky, J.D. (2001)
- Spring Arbor University, B.A. (1998)
- Summa Cum Laude
- Hendrix v. Northern Kentucky University, U.S. District Ct. Case No. 2:14-cv-79 (WOB-CJS). The United States District Court granted summary judgment in favor of NKU, finding that NKU’s decision not to award Plaintiff a nursing degree did not violate her due process rights.
- Furtula, et al. v. University of Kentucky, et al., 438 S.W.3d 303 (Ky. 2014) (win for University of Kentucky on issues of governmental immunity and whether unilateral personnel policies constituted an enforceable contract).
- Coyle v. University of Kentucky, 2 F.Supp.3d 1014 (E.D.Ky. 2014) (win for University of Kentucky on defense of Eleventh Amendment sovereign immunity versus Copyright Act claim).
- Turner v. City of Paris, 534 Fed.Appx. 299 (6th Cir. 2013) (win for City of Paris, Kentucky, concerning disability discrimination claim brought by former wastewater treatment employee).
- Green v. Sandy, 2011 WL 4688639 (E.D.Ky. 2011) (win for Eastern Kentucky University concerning soccer player’s dismissal from team and related claims of free speech and due process violations).
- Murray v. Eastern Kentucky University, 328 S.W.3d 679 (Ky.App. 2009) (win for university concerning alleged disability discrimination in denial of tenure).
- Sinha v. University of Kentucky, 284 S.W.3d 159 (Ky.App. 2008) (win for university concerning medical resident’s records request and alleged violations of Kentucky’s Open Records Act).
- Hayse v. University of Kentucky, 2008 WL 3163879 (Ky.App. 2008) (win for university concerning alleged wrongful denial of tenure).
- Witt v. Eastern Kentucky University, 205 S.W.3d 263 (Ky.App. 2006) (win for university concerning public employee conflicts of interest).
- Hash v. University of Kentucky, 138 S.W.3d 123 (Ky.App. 2004) (win for university concerning alleged disability discrimination of law student).
- Law Clerk to the Hon. Roger L. Crittenden, Franklin Circuit Court (2001-2002)
- Kentucky Board of Emergency Medical Services, General Counsel (2003-2004)
- Madison County Board of Education, Legal Counsel (2005-2010)
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