reglab/housing_qa huggingface dataset:
WV Code § 18B-7-10 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 7. Personnel Generally|§18B-7-10. Compensatory Time Off in Lieu of Overtime; Written Agreement; Other Conditions

(a) Notwithstanding any provision of this code to the contrary, in lieu of overtime compensation, employees of higher education organizations may receive compensatory time off at a rate not less than one and one-half hours for each hour of employment. Employees may receive compensatory time only under the following conditions:(1) The time is awarded pursuant to a written agreement between the employer and the employee arrived at before the work is performed. A written agreement may be modified at the request of the employer or employee, but under no circumstances may changes in the agreement deny an employee compensatory time already acquired;(2) The time is recorded in the employer's record of hours worked; and(3) The employee has not accrued compensatory time in excess of the prescribed limits.(b) An employee may accrue up to four hundred eighty hours of compensatory time if the employee's work is a public safety activity, an emergency response activity or a seasonal activity. An employee engaged in other work may accrue up to two hundred forty hours of compensatory time. An employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as the case may be, shall be paid overtime compensation for additional hours of work. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time the employee received the payment.(c) If employment is terminated, an employee who has accrued compensatory time pursuant to this section, shall be paid for the unused compensatory time at a rate of compensation not less than the higher amount calculated using one of the following formulas:(1) The average regular rate received by the employee during the first three years of the employee's employment; or(2) The final regular rate received by the employee.(d) An employee who has accrued compensatory time as authorized by this section, and who has requested the use of compensatory time, shall be permitted by the employer to use this time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operation of the employing agency. Compensatory time must be used within one year from the time it is accrued.
WV Code § 18B-7-13 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 7. Personnel Generally|§18B-7-13. Probationary Employment Period; Evaluation

Each full-time classified employee hired by an organization shall serve an initial probationary period of six months. At the end of the probationary period, the employee shall receive a written evaluation of his or her performance. The employee's supervisor shall meet with the employee and explain the contents of the evaluation and whether the employee is being offered regular employment.
WV Code § 18B-7-15 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 7. Personnel Generally|§18B-7-15. Merit Increases

Higher education organizations may grant merit increases which are in accordance with this article and articles eight, nine and nine-a of this chapter and with duly promulgated rules of the commission and council.
WV Code § 18B-7-16 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 7. Personnel Generally|§18B-7-16. Study of Employment Practices

(a) The commission and council shall study the following issues relating to employment practices:(1) Developing a fair and rational policy based upon best human resources practices for covering reductions in force, furloughs and other issues relating to seniority, including determining how employees shall be treated whose salaries are derived from funds other than state appropriations;(2) Determining the advantages and disadvantages of maintaining the internal preferences for hiring, promoting and transferring classified employees;(3) Determining the appropriate definition of a "nonclassified" position, recommending a best practice criteria for designating positions as nonclassified and recommending the appropriate number or ratio of nonclassified positions for commission and council organizations.(4) Recommending a rational, uniform policy to determine the status of employees whose positions are funded, in whole or in part, by an external grant or contract from a federal, state or local government or a private entity.(b) The commission and council shall complete the work and report their findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability upon completion, but no later than January 1, 2018.
WV Code § 18B-8-1 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-1. Definitions

As used in this article:(a) "Academic rank", "rank" or "faculty rank" means the position held by a faculty member as determined by the president, consistent with a rule promulgated and adopted by the governing board, and includes the positions of professor, associate professor, assistant professor and instructor. All other ranks are excluded from the provisions of this article.(b) "Salary" means the total nine-month or ten-month salary paid from state funds to a full-time faculty member, or if the employment period is other than nine or ten months, the total salary adjusted to a nine-month base salary;(c) "Full-time faculty" means a faculty member so designated by the president, consistent with the duly promulgated and adopted rule of the appropriate governing board, and those persons with faculty rank who have research or administrative responsibilities.
WV Code § 18B-8-2 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-2. Faculty Salary Rules; Salary Increase Upon Promotion in Rank

(a) Each governing board shall promulgate and adopt a faculty salary rule in accordance with section six, article one of this chapter which furthers the goals of attracting, retaining and rewarding high quality faculty. Faculty salary increases shall be distributed within each organization in accordance with the faculty salary rule.(b) The salary of a full-time faculty member may not be reduced by the provisions of this article.(c) The faculty salary rule shall pursue the following goals:(1) The salary of each full-time faculty member within a discipline group is competitive with those in similar disciplines at peer institutions;(2) Faculty are recognized for outstanding performance;(3) Equity among salaries is maintained; and(4) The faculty at each institution are involved effectively in the administration of the faculty salary rule.(d) Each faculty member shall receive a salary increase of at least ten percent when he or she is promoted in rank.
WV Code § 18B-8-3 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-3. Authority to Grant Sabbatical Leave

A governing board may grant sabbatical leave to a faculty member at the state institution of higher education under its jurisdiction for the purpose of permitting him or her to engage in graduate study, research or other activities calculated to improve teaching ability. A governing board may grant a request for sabbatical leave only in accordance with the uniform rule it has promulgated and adopted. A governing board may not adopt a rule which provides for granting sabbatical leave to a faculty member who has served fewer than six years at the institution where presently employed, nor which provides for leave for more than one half the contract period at full pay or for a full contract period at half pay. A faculty member receiving a sabbatical leave is required to return and serve the institution granting the leave for at least one year or to repay to the institution the compensation received during leave. A faculty member returning from leave shall be reinstated at the academic rank held immediately prior to taking sabbatical leave unless he or she is promoted to a higher rank and is entitled to the salary and any salary increases appropriate to his or her rank and years of experience. The compensation for a faculty member on sabbatical leave is paid by the institution where employed from its regular personal services appropriations.
WV Code § 18B-8-4 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-4. Effect of Leave of Absence on Academic Tenure, Rank, etc.

(a) Notwithstanding any provision of law to the contrary, a tenured professional at a state institution of higher education who is absent from duties at the institution to accept employment in a nonelected governmental capacity is afforded the benefits of academic tenure, rank and position as if he or she had remained continuously in the position retained and held at the institution immediately preceding the absence if the following conditions are met:(1) The absence is approved by the president of the state institution of higher education by which the professional is employed;(2) The leave of absence does not exceed two years; or(3) If the leave of absence extends for more than two years, the president requests approval from the governing board for the absence in writing each year and the board approves each request up to eight full years.(b) An individual who remains in governmental employment with leave granted in accordance with this section forfeits all rights to academic tenure, rank and position formerly held at the employing institution at the end of the eighth year of government employment.
WV Code § 18B-8-5 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-5. Notice to Probationary Faculty Members of Retention or Nonretention; Hearing

(a) For the purposes of this section, "Probationary faculty member" means the definition adopted in a joint rule promulgated by the commission and council. The rights provided to probationary faculty members by this section are in addition to, and not in lieu of, other rights afforded to them by other rules and other provisions of law.(b) The president of each state institution of higher education shall give written notice concerning retention or nonretention for the ensuing academic year to a probationary faculty member not later than March 1.(c) If a probationary faculty member who is not retained so requests, the president or his or her designee shall inform the probationary faculty member by certified mail within ten days of the reasons for nonretention. A probationary faculty member who desires to appeal the decision may proceed to level three of the grievance procedure established in article two, chapter six-c of this code. If the administrative law judge decides that the reasons for nonretention are arbitrary, capricious or without a factual basis, the faculty member shall be retained for the ensuing academic year.
WV Code § 18B-8-6 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-6. Faculty Employment Practices; Campus Administrators Required to Teach or Perform Research

Each governing board, with the advice and assistance of the faculty senate, shall promulgate and adopt a rule in accordance with section six, article one of this chapter addressing the following issues:(a) Defining an appropriate balance between full-time and adjunct faculty members and the appropriate role of adjunct faculty; and(b) Requiring each administrator on each campus who holds faculty rank to teach at least one course during each eighteen-month employment period or to perform on-going research in lieu of teaching.
WV Code § 18B-8-7 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 8. Higher Education Full-Time Faculty Salaries|§18B-8-7. Authority of Governing Boards Relating to Faculty

Consistent with this article, and after consulting with and providing 30 days written notice to the faculty senate, a governing board may adopt a rule relating to the faculty. The provisions of any rule adopted by a governing board preempt any conflicting rule adopted by the commission or the council.
WV Code § 18B-9A-1 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 9A. Classification and Compensation System|§18B-9A-1. Legislative Intent and Purpose

(a) The intent of the Legislature in enacting this article is to establish the classification and compensation system for certain employees of higher education organizations and apply recognized best human resources practices in order to use available resources in the most effective and efficient manner for the benefit of the citizens of West Virginia.(b) In furtherance of the principles described in subsection (a) of this section, the chief purposes of the classified classification and compensation system are to accomplish the following objectives:(1) Develop and implement a classification and compensation system that is fair, transparent, understandable, simple to administer, self-regulating and adaptable to meet future goals and priorities;(2) Compensate employees within an organization fairly in relation to one another;(3) Compensate employees across organizations who are performing similar work at similar wage rates;(4) Compensate employees at levels that are competitive with appropriate external markets and are fiscally responsible; and(5) Improve the process for evaluating jobs, including, but not limited to, mandating training and development in best human resources practices and directing that key terms, job titles and evaluation forms are consistent across organizations.(c) It is further the intent of the Legislature to ensure that regular compensation analyses are performed to determine how organization compensation for all classes of employees compares to compensation in relevant external markets.
WV Code § 18B-9A-5a (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 9A. Classification and Compensation System|§18B-9A-5a. Restriction on Duties of Job Classification Committee and Compensation Planning and Review Committee

The commission and council may not delegate any of the following duties to the Compensation Planning and Review Committee or the Job Classification Committee:(1) Approval of a classification and compensation rule;(2) Approval of the job evaluation plan; and(3) Approval of the annual classified salary schedule.
WV Code § 18B-9A-6 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 9A. Classification and Compensation System|§18B-9A-6. Salary Structure and Salary Schedules

(a) The commission and council shall develop and maintain a classified salary schedule and ensure that all organizations under their respective jurisdictions adhere to state and federal laws and duly promulgated and adopted organization rules.(b) The classified salary schedule serves as the basis for the following activities:(1) Evaluating compensation of classified employees in relation to appropriate external markets; and(2) Developing the minimum salary per pay grade to be adopted by the commission and council.(c) The classified salary schedule shall meet the following criteria:(1) Sets forth the number of pay grades to be included in the structure;(2) Includes a midpoint value for each pay grade which represents the average market rate of pay for jobs in that pay grade. The commission and council may choose a midpoint value that is not based exclusively on market salary data; and(3) Includes minimum and maximum pay range values based on an established range spread.(d) The commission and council jointly shall use workforce compensation data provided by Workforce West Virginia and other compensation data as is readily available from national recognized sources, including compensation data of CUPA-HR, to establish the appropriate external market conditions of classified positions. The commission and council, in consultation with the Compensation Planning and Review Committee, may take any combination of the following actions:(1) Adjust the number of pay grades and the point values necessary to validate the result of the classification system and the job worth hierarchy with the market;(2) Adjust the midpoint differentials between pay grades better to reflect market conditions; or(3) Adjust the range spread for any pay grade.(e) The commission and council jointly may perform an annual review of market salary data to determine how salaries have changed in the external market. Based on data collected, the commission and council jointly, in consultation with the Compensation Planning and Review Committee, shall adjust the classified salary schedule if changes are supported by the data.(f) Annually, the commission and council may approve a minimum salary amount that sets forth a compensation level for each pay grade below which no organization employee may be paid, subject to available funds.(1) The minimum salary amount for each pay grade on the classified salary schedule is determined by applying a percentage determined after analysis of the market and existing compensation levels to the annual market salary data. The commission and council may take into consideration other factors they consider appropriate.(2) The salary of an employee working fewer than thirty-seven and one-half hours per week shall be prorated.(g) The organization rule promulgated pursuant to subsection (c), section seven of this article may provide for differential pay for certain employees who work different shifts, weekends or holidays.
WV Code § 18B-10-1a (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 10. Fees and Other Money Collected at State Institutions of Higher Education|§18B-10-1a. Resident Tuition Rates for Members of the National Guard, Reserves, and Armed Forces

(a) The term "resident" or "residency", or any other term or expression used to designate a West Virginia resident student, when used to determine the rate of tuition to be charged students attending state institutions of higher education, shall be construed to include the following:(1) Members of the National Guard or reserves who are not residents of West Virginia but who are active members of a National Guard or reserve unit in West Virginia; and(2) Current members of the United States armed forces who reside in West Virginia.(b) A person who qualifies as a resident, as that term is defined in subsection (a) of this section, on the first day of the semester or term of the college or institution, shall be charged resident tuition rates.(c) The provisions of this section apply at the beginning of the semester or term immediately following the effective date of this section.
WV Code § 18B-10-1b (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 10. Fees and Other Money Collected at State Institutions of Higher Education|§18B-10-1b. Special Equity Fee; Purpose; Exemptions

In addition to the other fees provided in this article, each governing board has the authority to impose, collect and expend the proceeds of a special equity fee under the following conditions:(a) The fee shall be used solely for the purpose of complying with the athletic provisions of 20 U.S.C. 1681, et seq., known as Title IX of the Education Amendment of 1972;(b) The fee is exempt from limitations on fee increases set forth in this article for three years from the effective date of this section;(c) The fee may not be used by an institution to advance its classification of participation in its athletics governing body; and(d) The fee may not be imposed upon part-time students or students enrolled in an administratively linked community and technical college.
WV Code § 18B-10-1c (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 10. Fees and Other Money Collected at State Institutions of Higher Education|§18B-10-1c. Definitions

For the purposes of this article, the following words have the meanings specified unless the context clearly indicates a different meaning:(a) “Auxiliary capital fees” means charges levied on students to support debt service, capital projects and campus maintenance and renewal for the auxiliary facilities of the institutions;(b) “Auxiliary fees” means charges levied on all students to support auxiliary enterprises or optional charges levied only on students using the auxiliary service. Auxiliary fees include sales and service revenue from entities that exist predominately to furnish goods or services to students, faculty or staff such as residence halls, faculty and staff housing, food services, intercollegiate athletics, student unions, bookstores, parking and other service centers;(c) “Full-time graduate student” means a graduate student who is enrolled for nine or more credit hours in a regular term;(d) “Full-time undergraduate student” means an undergraduate student who is enrolled for twelve or more credit hours in a regular term;(e) “Required educational and general capital fees” means:(1) Charges levied on all students to support debt service of systemwide bond issues; and(2) Charges levied on all students to support debt service, capital projects and campus maintenance and renewal for an institution’s educational and general educational facilities; and(f) “Tuition and required educational and general fees” means:(1) Charges levied on all students of that class or category to support educational and general program services; and(2) Optional charges levied for education and general services collected only from students using the service or from students for whom the services are made available.
WV Code § 18B-10-2 (2021)
2021 West Virginia Code|Chapter 18B. Higher Education|Article 10. Fees and Other Money Collected at State Institutions of Higher Education|§18B-10-2. Higher Education Resource Assessment

(a) Pursuant to the authority granted by section four, article one-b of this chapter, and section six, article two-b of this chapter, the commission and council jointly shall establish a higher education resource assessment per student for each state institution of higher education under their respective jurisdictions. Community and technical colleges shall transfer all funds collected pursuant to this section to the council. All other institutions shall transfer all funds collected pursuant to this section to the commission. Any reference in this code to higher education resource fee means this higher education resource assessment.(b) The commission and council jointly shall fix the assessment for the various institutions and classes of students and may periodically change these assessments. The amount of the assessment for each institution shall be prorated for part-time students.(c) Each institution shall maintain a level of support for libraries and library supplies, including books, periodicals, subscriptions and audiovisual materials, instructional equipment and materials; and for the improvement in quality and scope of student services comparable to that level supported by the higher education resource fee previously authorized by this section.(d) The assessment shall be expended or allocated by the commission or council to meet its general operating expenses or to fund statewide programs. To the maximum extent practicable, the commission and council shall offset the impact, if any, on financially needy students of any potential assessment increase under this section by allocating an appropriate amount of the revenue to the state scholarship program to be expended in accordance with the provisions of article five, chapter eighteen-c of this code.