West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-09 - Academic Freedom, Professional Responsibility, Promotion And Tenure › Section 133-9-4 - Faculty: Types and Conditions of Appointment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Full-time appointments to the faculty of
				an institution, other than those designated as clinical-track, librarian-track,
				term, or Non-tenure-track, shall be either tenured or tenure-track.
4.2. All clinical-track, librarian-track,
				term, and other Non-tenure-track appointments, as defined in Section 3 of this
				policy shall be neither tenured or tenure-track, but shall be appointments only
				for the periods and for the purposes specified, with no other interest or right
				obtained by the person appointed by virtue of such appointment.
4.3. The appointment of a person to a
				full-time position at any institution is made subject to the following
				conditions:
4.3.1. The appointee shall render
				full-time service to the institution to which appointed. Outside activities,
				except the practice of medicine or dentistry which are restricted below in
				subsection 4.3.2, shall not be restricted unless such activities or employment
				interfere with the adequate performance of institutional duties. The
				institution expects its faculty to give full professional effort to assignments
				of teaching, research and service. It is, therefore, considered inappropriate
				to engage in gainful employment outside the institution that is incompatible
				with the faculty member's contractual commitment to the institution. Moreover,
				it is considered inappropriate to transact personal business from one's
				institutional office when it interferes with institutional duties and
				responsibilities. The institution shall establish a program of periodic review
				of outside services of appointees to guide faculty members.
4.3.2. Full-time faculty appointments
				assigned to respective dental or medical schools will render dental and medical
				patient services only at facilities affiliated with their assigned institution,
				or at such other locations or facilities as may be authorized in their annual
				notice of appointment, or as otherwise approved in writing by the institution.
4.3.2.1. Fees for professional patient
				related services rendered by full-time medical and dental faculty appointees
				shall be billed, collected and expended in accordance with the bylaws of the
				faculty practice plan for their respective institution, or through such other
				billing and collection mechanism as may be provided for in the faculty member's
				annual notice of appointment, or as otherwise approved in writing by the
				institution.
4.3.2.2. Fees for
				professional services not directly related to patient services including, but
				not limited to, royalties, honoraria, legal actions where no patient services
				have been rendered, or other such similar sources as may be approved in writing
				by the institution are permitted as individual income to the individual faculty
				member.
4.3.3. If
				outside employment or service interferes with the performance of the regular
				institutional duties and responsibilities of the appointee, the institution has
				a right to (a) require the appointee to cease such outside employment or
				service which interferes with institutional duties and responsibilities of the
				appointee, (b) make such adjustments in the compensation paid to such appointee
				as are warranted by the appointee's services lost to the institution and by the
				appointee's use of institutional equipment and materials, or (c) dismiss for
				cause as set out in Section 12 below.
4.3.4. Institutions may permit and encourage
				a reasonable amount of personal professional activity, such as consulting, by a
				faculty member outside the faculty member's duties and responsibilities of
				employment by and for the institution, provided such activity:
(1) further develops the faculty member
				professionally and
(2) does not
				interfere with duties and responsibilities to the institution.