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WV Code § 18B-19-16 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 19. Capital Projects and Facilities Needs|§18B-19-16. Condemnation Generally

(a) The commission, council and governing boards each may acquire land or buildings by condemnation for the use and benefit of any state institution under its jurisdiction. A condemnation proceeding conducted pursuant to this section is governed by chapter fifty-four of this code.(b) The commission, council and governing boards each may condemn any interest, right or privilege, land or improvement, which in its opinion is necessary, in the manner provided by law for the acquisition by this state of property for public purposes. The state is under no obligation to accept and pay for any property condemned and may pay for the property only from the funds provided for that purpose.(c) In any proceeding to condemn, the order shall be made by the court having jurisdiction of the suit, action or proceedings. A bond or other security may be required by the court securing the property owner against any loss or damage to be sustained by reason of the state's failure to accept and pay for the property. The bond or security may not impose liability or debt on or of the state as contemplated by the Constitution of the State in relation to state debt.
WV Code § 18B-19-17 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 19. Capital Projects and Facilities Needs|§18B-19-17. Legislative Rule

The commission and council jointly shall propose a rule or rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code, to implement this article.
WV Code § 18B-19-18 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 19. Capital Projects and Facilities Needs|§18B-19-18. Reporting

(a) By July 1, 2013, and annually thereafter, the commission and council shall provide a general status report to the Legislative Oversight Commission on Education Accountability on the progress being made in implementing the state-wide capital development plan and on the progress of the governing boards in implementing the objectives of institutions' campus development plans.(b) The process required by the commission and council for reporting by the governing boards shall be included in the rules required by section seventeen of this article.
WV Code § 18B-19-19 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 19. Capital Projects and Facilities Needs|§18B-19-19. Applicability to Certain Institutions

The governing boards of the exempted schools each may, without obtaining approval of the commission, take any action described or set forth in this article that otherwise would require the approval or confirmation of the commission. The respective governing board shall provide notice of the action to the commission. If the commission requests additional information relevant to the action from the respective governing board, the governing board shall provide information regarding the action to the commission.
WV Code § 18B-20-1 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-1. Definitions

As used in this article: (1) "Campus community" includes students, administrators, faculty, and staff at the institution of higher education, and their invited guests.(2) "Harassment" means an expression that is unwelcome, so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the state institution of higher education or sexual harassment as defined by federal law and federal regulations applicable to state institutions of higher education.(3) "Materially and substantially disrupts" means an occurrence where a person or group significantly hinders another persons or groups expressive activity, prevents the communication of the message, prevents the transaction of the business of a lawful meeting, gathering, or procession, or interferes with or prevents the operations and functions of a state institution of higher education by:(A) Engaging in fighting, violent, or other unlawful behavior; (B) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity; (C) Using sound to drown out or muffle expressive activity; or(D) Violating a state institution of higher educations reasonable time, place, and manner restrictions.(E) Conduct that "materially and substantially disrupts" shall not include conduct that is protected under the First Amendment to the United States Constitution or West Virginia Constitution. The protected conduct includes, but is not limited to, lawful protests in the outdoor areas of campus generally accessible to the members of the public (except during times when those areas have been reserved in advance for other events), or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.(4) "Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways, or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community.(5) "State institution of higher education" means any university, college, or community and technical college under the jurisdiction of a governing board as defined in 18B-1-2 of this code.(6) "Student" means any person who is enrolled on a full-time or part-time basis in a state institution of higher education. (7) "Student organization" means an officially recognized group at a state institution of higher education, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
WV Code § 18B-20-2 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-2. Protected Expressive Activities

Expressive activities protected under the provisions of 18-1-1 et seq. of this code include, but are not limited to, any lawful verbal and nonverbal speech. This may include lawful and protected forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
WV Code § 18B-20-3 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-3. Public Forums; Establishment of Free Speech Zones Prohibited

The outdoor areas of campuses of state institutions of higher education shall be considered public forums for the campus community, and state institutions of higher education shall not limit free speech by creating "free speech zones" or other designated areas of campus outside of which expressive activities are prohibited. Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
WV Code § 18B-20-4 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-4. Time, Place, and Manner Restrictions

(a) Any person who wishes to engage in protected and lawful expressive activity on campus shall be permitted to do so freely, as long as the persons conduct is not unlawful, and does not materially and substantially disrupt the functioning of the state institution of higher education. (b) To enable the state institutions of higher education to function in a safe and secure manner and to advance their missions and objectives, the state institutions of higher education may enact reasonable time, place, and manner restrictions which are content neutral and narrowly tailored to serve a significant state institution of higher education or other governmental interest. A state institution of higher education may deny, cancel, or postpone a reservation, or immediately terminate any ongoing activity that represents a violation of its time, place, and manner restrictions. A state institution of higher education shall endeavor to allow members of the campus community to spontaneously and contemporaneously engage in protected expressive activities.(c) Nothing in this article shall be interpreted as preventing state institutions of higher education from prohibiting, limiting, or restricting expression not protected by the First Amendment to the Constitution of the United States such as true threats, expression designed to provoke imminent lawless actions and likely to produce it or prohibiting harassment as defined in 18B-20-2 of this code, or sexual harassment as prohibited by federal law and defined by federal regulations applicable to state institutions of higher education. (d) Nothing in this article shall be construed to authorize a person or group to intentionally, materially, and substantially disrupt another person or groups expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
WV Code § 18B-20-5 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-5. Freedom of Association and Nondiscrimination Against Students and Student Organizations

A state institution of higher education may not deny a religious, political, or ideological student organization which is open to all students any benefit or privilege made available to any other student organization by the state institution of higher education, or otherwise discriminate against an organization, based on the expression of the organization.
WV Code § 18B-20-6 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-6. Development of Policies and Procedures

State institutions of higher education shall develop materials to educate the campus community on the institutions free speech policies.
WV Code § 18B-20-7 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-7. Accountability to the Public

(a) Each state institution of higher education shall publicly post on its website any policies it has enacted regarding protected expressive activity under the First Amendment to the United States Constitution.(b) Each campus shall report to the Higher Education Policy Commission or the Council for Community and Technical College Education, as applicable, a description of any barriers to, or incidents of disruption of, free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their speech. The description shall include the nature of each barrier or incident, as well as what disciplinary action, if any, was taken against members of the campus community determined to be responsible for those specific barriers or incidents involving students and shall be reported without revealing those students personally identifiable information. Annually, by August 1, the commission and council shall report to the Legislative Oversight Commission on Education Accountability any barriers or incidents reported to them pursuant to this subsection.
WV Code § 18B-20-8 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-8. Remedies

Any person or student organization aggrieved by a violation of this article may bring an action against the state institution of higher education and its employees acting in their official capacities, alleged to be responsible for the alleged violation. The aggrieved person or student organization may seek injunctive relief and actual damages, as well as reasonable attorneys fees, and court costs if the person or student organization substantially prevails.
WV Code § 18B-20-9 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 20. Free Expression on Campus|§18B-20-9. Statute of Limitations

Any action brought pursuant to this article shall be commenced not later than one year after the day the cause of action accrues.
WV Code § 18C-1-2 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 1. Financial Assistance Generally|§18C-1-2. Definitions

Definitions for terms used in this chapter have the meanings ascribed to them in section two, article one, chapter eighteen-b of this code unless the context clearly indicates a different meaning:(a) "Board" or "governing board" in the singular or plural means the vice chancellor for administration employed pursuant to section two, article four, chapter eighteen-b of this code when a power or duty assigned to a governing board is delegated by it to the senior administrator. In other instances as used in this chapter, "board" or "governing board" in the singular or plural means the Higher Education Policy Commission or the Council for Community and Technical College Education, as appropriate.(b) "Senior administrator" means the vice chancellor for administration employed pursuant to section two, article four, chapter eighteen-b of this code.
WV Code § 18C-1-4 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 1. Financial Assistance Generally|§18C-1-4. Eligibility of Commuting Students and Children of Military Personnel for State Funded Student Financial Aid, Grants and Scholarships

(a) Notwithstanding any other provision of this code or rule to the contrary, a student who attended a public or private high school outside the state is eligible for state funded student financial aid, grants and scholarships if:(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and(2) The student resided in West Virginia while attending high school in another state, and:(A) The student resided with his or her parent or legal guardian who:(i) Was a resident of this state; and(ii) Had been a resident of this state for at least two years immediately preceding the student's attendance at the school;(B) The student commuted during the school term on a daily basis from this state to the school;(C) The student is a dependent of the parent or legal guardian upon which eligibility is based;(D) The student has not established domicile outside the state; and(E) At the discretion of the state Superintendent of Schools, as defined in section one, article one, chapter eighteen of this code:(i) The school is fully accredited in that state to the degree acceptable to the state Superintendent of Schools; and(ii) The school's curriculum requirements for graduation are equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the state Superintendent of Schools; or(3) The student resided and attended high school in another state or a United States territory, United States possession or foreign country and:(A) The student resided with his or her parent or legal guardian; and(B) The student's parent or legal guardian:(i) Served in the United States Armed Forces while the student attended high school in such state, territory, possession or country;(ii) Was stationed for military purposes in such state, territory, possession or country; and(iii) Maintained legal residence in West Virginia while stationed in such state, territory, possession or country.(b) This section does not alter, amend or extend any application deadlines or other requirements established by law or policy.
WV Code § 18C-2-1 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-1. Purpose of Provisions of Article Relating to Guaranteed Student Loan Program; Loan Program to Be Administered by Senior Administrator of Governing Boards

The Legislature enacts the provisions of this article which relate to the establishment of the guaranteed student loan program to continue and encourage education of citizens of this state who are in need of financial assistance, such assistance and education being for the welfare of this state, and the Legislature hereby declares such to be a public purpose.The guaranteed student loan program established and authorized by this article shall be administered by the senior administrator of the board of trustees and board of directors acting under their direction.
WV Code § 18C-2-2 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-2. "Act," "undertaking" and "obligations" Defined

As used in this article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:(a) The words "act" or "undertaking" shall mean the official act of the governing boards, or senior administrator acting under the direction of the boards, in connection with the acquisition or disposition of all or any part of obligations or interest therein which the governing boards are authorized to buy or sell hereunder.(b) The word "obligations" shall mean those evidences of debt which the governing boards may buy, sell, endorse, or guarantee under the provisions of this article.
WV Code § 18C-2-3 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-3. Authority to Buy and Sell Certain Student Obligations; Undertakings Not to Constitute State Debt; Undertakings Limited to Available Funds

In order to facilitate the education of residents in this state and promote the industrial and economic development of the state, the governing boards are hereby authorized and empowered to buy and sell obligations of students who are residents of West Virginia, and who have been residents of this state for at least one year and are students or have been accepted as students at state supported or private institutions of higher education, or vocational schools accredited by a nationally recognized accrediting agency or by a state agency designated by the Governor and representing loans made to such students who have met the requirement of financial need as determined by the governing boards, such loans having been made for the purpose of an education.No act or undertaking of the governing boards shall be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, and shall be payable solely from the funds of the governing boards specifically appropriated for the guaranteed student loan program. All such acts and undertakings shall contain on the face thereof a statement to the effect that neither the state nor the governing boards shall be obligated to pay the same or the interest thereon except from revenues of the governing boards and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such acts and undertakings.All expenses incurred in carrying out the provisions of this article dealing with the guaranteed student loan program shall be payable solely from funds provided for the purpose and no liability or obligation shall be incurred by the governing boards hereunder beyond the extent to which money shall have been provided under the applicable provisions of this article for the guaranteed student loan program.
WV Code § 18C-2-4 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-4. Powers and Duties of Senior Administrator Regarding Loan Program

The senior administrator acting under direction of the governing boards is hereby authorized and empowered:(1) To fix and revise from time to time and charge and collect fees for its acts and undertakings;(2) To establish rules concerning the acts and undertakings;(3) To acquire, hold and dispose of personal property in the exercise of its powers and the performance of its duties;(4) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article;(5) To employ in its discretion such employees as it may deem necessary to carry out its powers and duties as enumerated in this article;(6) To receive and accept from any federal or private agency, corporation, association or person, grants to be expended in accomplishing the objectives of this article and to receive and accept from the state, from any municipality, county or other political subdivision thereof and from any other source, aid or contributions of either money, property, or other things of value to be held, used and applied only for the purposes for which such grants and contributions may be made;(7) To sue and be sued as provided by law;(8) To do all other acts and things necessary or convenient to carry out the powers expressly granted by the provisions of this article which relate to the guaranteed student loan program. Nothing in this article shall be construed to empower the governing boards to engage in the business of banking or insurance.
WV Code § 18C-2-5 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-5. Title to Property

Title to any property acquired by the governing boards under the provisions of this article which relate to the guaranteed student loan program shall be taken and held in the name of the governing boards.
WV Code § 18C-2-6 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-6. Acquisition of Contingent Interests in Obligations From Lending Institutions; Collection of Delinquent Obligations

With funds available to the governing boards for purposes other than the payment of compensation to personnel and the lease or rental of offices or equipment, the governing boards may acquire from any bank or other lending institution of this state a contingent interest in student obligations. The total contingent interest of the governing boards on all such obligations shall not exceed at any one time a sum of twelve and one-half times the total funds which the governing boards can employ to acquire such contingent interests. When a governing board acquires any such contingent interest, it may require the payment to it of a portion of the interest payable upon any such obligation. In each such acquisition, the governing board shall provide that at such time as the obligation becomes delinquent, the bank or other lending institution shall notify the governing board forthwith and shall transfer forthwith to the governing board, by assignment or otherwise, an interest in such obligation equal to the contingent interest of the governing board therein. The bank or other lending institution and the governing board shall forthwith take such steps as may be necessary to recover the balance due upon any such obligation, and such recovery shall be apportioned between the governing board and the bank or other lending institution as their respective interests may appear.
WV Code § 18C-2-7 (2021)
2021 West Virginia Code|Chapter 18C. Student Loans; Scholarships and State Aid|Article 2. Guaranteed Student Loan Program|§18C-2-7. Terms of Acquisitions

Each governing board shall prescribe the terms, conditions and limitations upon which it will acquire a contingent or direct interest in any obligation and such terms, conditions and limitations shall include, but without limiting the generality thereof, the terms for payment of principal and interest, applicable life or other insurance which may be required in connection with any such obligation and who shall pay the premiums thereon, the safekeeping of assets pledged to secure any such undertaking, and any and all matters in connection with the foregoing as will protect the assets of the governing board.