reglab/statecodes huggingface dataset:
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 133-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				policy relates to academic freedom and responsibility, appointment, promotion,
				tenure, non-reappointment or dismissal of faculty, and grievance procedures for
				matters pertaining to faculty. The policy sets forth the major elements which
				need to be incorporated by institutional Boards of Governors as they formulate
				institutional policy relating to faculty issues. Each Board of Governors shall
				develop a policy on faculty matters for its institution as set forth in this
				Higher Education Policy Commission statement and shall file its policy with the
				Chancellor.
1.2. Authority. -- W.
				Va. Code §§
									18B-1-6,
				18B-1B-4,
				and
				18B-7-4.
1.3. Filing Date. -- August 20,
				2007.
1.4. Effective Date. --
				September 20, 2007.
1.5.
				Modification of Existing Rule: Title 133-9 Procedural Rule of the West Virginia
				Higher Education Policy Commission
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 133-9-3 - Faculty: Ranks and Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The faculty at any state institution of higher education shall be those
				appointees of the institution's designee. The faculty are those so designated
				by the institution and may include, but are not limited to, such professional
				personnel as librarians, faculty equivalents, academic professionals, and those
				involved in off-campus academic activities.
3.2. Faculty may fall into one of the
				following classifications:
3.2.1. Tenured:
				Those faculty members who have attained tenure status as determined by the
				institution. Normally, tenured appointments are full-time (1.00 FTE or the
				equivalent, as determined by the institution) for the academic year.
3.2.1.1. Under special circumstances, if
				requested by the faculty member and approved, a full-time tenured appointment
				may be converted to a part-time tenured appointment for a specified time
				period, normally not to exceed one calendar year. At the conclusion of the
				approved time period or an approved extension thereof, the faculty member will
				return to a full-time tenured appointment or, if the faculty member chooses not
				to return to a full-time tenured appointment, the faculty member's employment
				will cease. This section does not apply to actions associated with phased
				retirement programs.
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 133-9-5 - Joint Institutional Appointments

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Faculty members may be appointed to
				perform academic duties at two or more public institutions of higher education
				in West Virginia, which duties may include teaching, research, counseling, or
				other services. For administrative purposes, one institution shall be
				designated the faculty member's "home institution," which institution shall be
				responsible for granting promotions, raises in salary, and tenure: Provided,
				however, that when cause therefore shall occur, appropriate counseling,
				disciplinary action, and the like shall be the responsibility of the
				institution where the occurrence arose.
5.2. The conditions and the details of the
				faculty member's joint appointment, including the designation of the "home
				institution," and any other arrangements, shall be specified in the agreement
				between the faculty member and the institutions sharing the faculty member's
				services. A joint appointment will be made only with consent of the faculty
				member.
5.3. Full-time faculty
				members appointed under joint or contractual appointments shall continue to be
				considered full-time employees of the "home institution."
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 133-9-6 - Emeritus Status

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Emeritus
				status is an honorary title that may be awarded to a retiring faculty member or
				administrator for extended meritorious service. Each institution shall
				establish a policy regarding emeritus status and file the policy with the
				Policy Commission. There is no salary or emolument attached to the status other
				than such privileges as the institution may wish to extend.
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 133-9-7 - Promotion in Rank

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Within the
				following framework, each institution shall establish, in cooperation with the
				faculty or duly-elected representatives of the faculty, guidelines and criteria
				for promotion in rank for tenured, tenure-track, clinical-track,
				librarian-track, term, and non-tenure track faculty:
7.1.1. There shall be demonstrated evidence
				that promotion is based upon a wide range of criteria, established by the
				institution in conformance with this document and appropriate to the mission of
				the institution. Examples appropriate to some institutions might be: excellence
				in teaching; publications and research; professional and scholarly activities
				and recognition; accessibility to students; adherence to professional standards
				of conduct; effective service to the institution, college, or department;
				significant service to the community; experience in higher education and at the
				institution; possession of the earned doctorate, special competence, or the
				highest earned degree appropriate to the teaching field; continued professional
				growth; and service to the people of the State of West Virginia. Ultimate
				authority regarding the application of guidelines and criteria relating to
				promotion shall rest with the institution.
7.1.2. There shall be demonstrated evidence
				that, in the process of making evaluations for promotions, there is
				participation of persons from several different groups, such as: peers from
				within and without the particular unit of the institution, supervisory
				administrative personnel such as the department/division chairperson and the
				dean, and students.
7.1.3. There
				shall be no practice of granting promotion routinely or solely because of
				length of service, or of denying promotion capriciously.
7.1.4. The institution shall provide copies
				of its institutional guidelines and criteria for promotion to the Policy
				Commission and shall make available such guidelines and criteria to its
				faculty.
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 133-9-8 - Faculty Resignations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				faculty member desiring to terminate an existing appointment during or at the
				end of the academic year, or to decline re-appointment, shall give notice in
				writing at the earliest opportunity. Professional ethics dictate due
				consideration of the institution's need to have a full complement of faculty
				throughout the academic year.
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 133-9-10 - Tenure-Track Status

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a
				full-time faculty member is appointed on other than a clinical-track,
				librarian-track, term, or non-tenured-track or tenured basis, the appointment
				shall be tenure-track.
10.2. During
				the tenure-track period, the terms and conditions of every reappointment shall
				be stated in writing, with a copy of the agreement furnished the individual
				concerned.
10.3. The maximum period
				of tenure-track status normally shall not exceed seven years. Before completing
				the penultimate year (the "critical year") of a tenure-track appointment, any
				non-tenured faculty member shall be given written notice of tenure, or offered
				a one-year written terminal contract of employment. During the tenure-track
				period, faculty members may be granted tenured appointment before the sixth
				year of service, such appointment to be based upon criteria established by the
				institution and copies provided to the Policy Commission.
10.3.1. Institutions may establish policies
				to accommodate unusual situations, such policies to be approved by the
				Governing Board and reported to the Policy Commission.
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 133-9-11 - Faculty Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				faculty shall receive a yearly written evaluation of performance directly
				related to duties and responsibilities as defined by the institution.
11.2. Evaluation procedures shall be
				developed at the institutional level, and a copy sent to the Policy Commission
				and filed in the Central Office. Such procedures must be multidimensional and
				include criteria such as peer evaluations, student evaluations, and evaluations
				by immediate supervisors.
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 133-9-12 - Dismissal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Causes for
				Dismissal: The dismissal of a faculty member shall be effected only pursuant to
				the procedures provided in these policies and only for one or more of the
				following causes:
12.1.1. Demonstrated
				incompetence or dishonesty in the performance of professional duties, including
				but not limited to academic misconduct;
12.1.2. Conduct which directly and
				substantially impairs the individual's fulfillment of institutional
				responsibilities, including but not limited to verified instances of sexual
				harassment, or of racial, gender-related, or other discriminatory
				practices;
12.1.3. Insubordination
				by refusal to abide by legitimate reasonable directions of
				administrators;
12.1.4. Physical or
				mental disability for which no reasonable accommodation can be made, and which
				makes the faculty member unable, within a reasonable degree of medical
				certainty and by reasonably determined medical opinion, to perform assigned
				duties;
12.1.5. Substantial and
				manifest neglect of duty; and
12.1.6. Failure to return at the end of a
				leave of absence.
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 133-9-13 - Termination Because of Reduction or Discontinuance of an Existing Program

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A tenured or
				tenure-track faculty member's appointment may be terminated because of the
				reduction or discontinuance of an existing program at the institution as a
				result of a review of the program, in accordance with the appropriate rule
				relating to review of academic programs, provided no other program or position
				requiring equivalent competency exists. If, within two years following the
				reduction or discontinuance of a program, a position becomes vacant for which
				the faculty member is qualified, the institution shall make every effort to
				extend first refusal to the faculty member so terminated.
13.1.1. Every effort should be made to
				reassign an individual to instructional or non-instructional duties
				commensurate with the faculty member's training and experience, and offers of
				release time or leaves of absence should be made to enable such persons to
				acquire capabilities in areas in which their services would be required by the
				institution. Faculty development programs and funds should be used to
				facilitate such reassignments.
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 133-9-14 - Termination Due to Financial Exigency

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Termination of Employment Due to
				Financial Exigency: A faculty member's appointment may be terminated because of
				a financial exigency, as defined and determined by the institution's Governing
				Board. Institutional plans for meeting a financial exigency shall be developed
				through a collaborative assessment by representatives of administration and
				faculty, approved by the governing board, and reported to the Policy Commission
				prior to implementation. Institutions should utilize appropriate program change
				policies.
14.2. Notice of
				Termination Due to Financial Exigency: The institution shall initiate
				proceedings by giving the faculty member written notice of termination by
				certified mail, return receipt requested, which notice shall contain:
14.2.1. A delineation of the rationale used
				for the determination of a financial exigency;
14.2.2. A copy of the implementation
				procedures used by the institution related to the financial exigency and a
				delineation of the rationale used for the termination of the faculty member;
				and
14.2.3. A description of the
				appeal process available to the faculty member.
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 133-9-15 - Faculty Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A faculty member wishing to grieve or
				appeal any action of the institution or Governing Board may utilize the
				procedures set out in W. Va. Code §6C-2.
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 133-9-16 - Informal Procedures for Conflict Resolution

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Each institution may provide
				alternative procedures to those set out in West Virginia Code '6C-2 for the
				resolution of conflicts.
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 133-9-17 - Notification of Terms and Conditions of Faculty Appointments

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Institutions
				have a large measure of flexibility in determining the form and style whereby
				faculty are notified each year of the terms of their appointment. When an
				initial appointment is made, however, or when the conditions of the appointment
				change, it is crucial that the faculty member be fully informed of the terms
				and conditions of employment. While a formal contract may not be necessary each
				year, the institution may choose one of several means of notifying faculty
				about their appointments: a personal letter, a formal contract, or a
				combination of a letter with a standard contract attached.
17.1.1. Institutions may offer each year to
				their full-time term faculty contracts of up to three years duration, subject
				to the conditions stated in Sections 3, 4 and 9 of this policy.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-10 - Policy Regarding Program Review and Planning › Section 133-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope --
				This rule provides baccalaureate institutions with guidelines and procedures
				for academic program review.
1.2.
				Authority. -- W. Va. Code §§
									18B-1-6 and
				18B-1B-4.
1.3. Filing Date. -- August 2,
				2022.
1.4. Effective Date. --
				September 2, 2022.
1.5. Amendment
				of Former Rule. -- Amends and replaces Title 133, Series 10, dated October 10,
				2008.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-10 - Policy Regarding Program Review and Planning › Section 133-10-2 - Basis of Program Review Process

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The program
				review process is designed to improve the performance of institutions' academic
				programs by providing a systematic method to evaluate student outcomes,
				productivity, and need. It also allows institutions to demonstrate alignment
				with the general standards of academic programs through descriptive information
				and supporting documentation. The process of program review is complementary to
				accreditation review by the Higher Learning Commission or other United States
				Department of Education-recognized regional or national accrediting agency and
				to the reviews of professional accreditors.
2.2. For the purpose of this document, a
				"program" is defined as curriculum or course of study in a discipline specialty
				that leads to a degree.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-10 - Policy Regarding Program Review and Planning › Section 133-10-4 - Evaluative Components

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Baccalaureate
				institutions shall integrate program review into their strategic planning and
				budgeting processes. This ensures each institution considers within these
				processes the full breadth of academic programs and the resources necessary to
				support them. This more effectively positions each institution to initiate
				changes that enhance quality and effectiveness through an objective and
				evidenced-based approach for making strategic decisions about critical
				resources in support of each institution's mission. In order to accomplish this
				each institution shall perform an evaluation of all academic programs at least
				once every five years and provide a report on the status of these programs to
				the West Virginia Higher Education Policy Commission (Commission) in a format
				determined by the Commission. The evaluation shall consist of, but not be
				limited to, the following priority core components:
4.1.1. External demand;
4.1.2. Quality of outcomes; and
4.1.3. Delivery cost.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-10 - Policy Regarding Program Review and Planning › Section 133-10-5 - Program Review Procedures and Levels of Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The program
				review process provides for a review and evaluation of all programs leading to
				a degree at the institution.
5.2.
				The institutional governing board constitutes a committee or committees to
				review appropriate programs during a given year. Committees shall include a
				diverse range of stakeholder representation. The institution shall draft, in
				accordance with institutional policy, a self-study that uses transparent
				methodology. The institutions shall report this information on a form provided
				by the Commission. The governing board shall report to the Chancellor by May 31
				of the reporting year the results of the five-year program review. The
				Commission through its staff or other appropriate entities, shall review
				annually the program review actions reported by each institution. The
				Commission may modify any institutional action consistent with its authority
				for review of academic programs. The final report shall include at a minimum
				the following:
5.2.1. Identification of
				programs to be developed or expanded due to demand;
5.2.2. Programs that will be improved through
				advancements in efficiency, quality, productivity, and focus;
5.2.3. Programs considered for consolidation
				or discontinuation based on cost of delivery and degree of relevance and
				impact;
5.2.4. Opportunities for
				improvements to organizational structure and function; and
5.2.5. Estimated institutional savings and
				efficiencies created through implementation of recommendations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-10 - Policy Regarding Program Review and Planning › Section 133-10-6 - Program Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Program
				planning is an ongoing process that both informs program review recommendations
				and prioritizes future program action as necessitated by program review
				findings. The purpose of planning is to ensure institutions can evaluate the
				direction of program delivery in a manner that is responsive to the mission,
				goals, and needs of the institution and the State. Program planning also
				provides the opportunity for collaboration among institutions, encourages
				innovation in program design to meet regional and State demand, addresses
				student needs, and minimizes unnecessary program duplication. The program
				planning process consists of the following steps:
6.1.1. Each year, the Commission shall review
				and approve the compilation of institutional program plans, which shall
				compromise the Statewide program plan.
6.1.2. Institutions shall provide to the Vice
				Chancellor for Academic Affairs a rolling three-year program plan, which the
				institutions shall update annually. The program plan shall be on a form
				provided by the Commission and shall include, but not be limited to, the
				following:
6.1.2.a. A listing of new,
				consolidated, and discontinued programs by title;
6.1.2.b. A brief description the
				program(s);
6.1.2.c. Program action
				and anticipated date of action;
6.1.2.d. Credential type;
6.1.2.e. Modality, location, and anticipated
				resources needed;
6.1.2.f.
				Specialized accreditation required;
6.1.2.g. Any agreements to be executed
				between institutions; and
6.1.2.h.
				Any other information requested by the Commission.
6.1.3. Institutional chief academic officers
				shall review, discuss, and coordinate the institutions' final program plans.
				Following this review, any subsequent changes, and approval by the
				institutional governing boards, the institutions shall submit their annual
				program plans to the Commission for review and approval. The Commission shall
				not adopt an institutional program plan that has not been approved by its
				governing board.
6.1.4. The
				Commission shall update the Statewide program inventory as necessary to reflect
				implementation of new programs and the consolidation or discontinuance of
				existing programs once such plans have been approved by the institutional
				governing boards.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule delineates the procedure by which the State's public four-year
				institutions of higher education must seek approval from the West Virginia
				Higher Education Policy Commission (Commission) of new academic programs and
				discontinuance of existing academic programs.
1.2. Authority. -- West Virginia Code
				§§
									18B-1-6 and
				18B-1B-4.
1.3. Filing Date. -- August 2,
				2022.
1.4. Effective Date. --
				September 2, 2022.
1.5. Former
				Rule. -- Amends Title 133, Series 11, dated February 13, 2020.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-2 - Background

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Commission is charged by statute with general authority for academic program
				approval for West Virginia regional public universities. The Commission is
				further required to use institutional missions as a template in assessing the
				appropriateness of new programs and to avoid unnecessary duplication in program
				approvals. To facilitate the discharge of these responsibilities, the
				institutions of higher education shall use the following procedures and format
				in submitting to the Chancellor for consideration by the Commission proposals
				to establish new academic programs and for notifying the Commission of the
				consolidation or discontinuance of existing academic programs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-5 - Notice of Intent to Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Notice of
				Intent to Plan: An institution must provide a notice of intent to plan a new
				baccalaureate or graduate or professional degree program to the Chancellor and
				the Vice Chancellor for Academic Affairs a minimum of 45 days prior to the
				submission of a full program proposal. This is required only for programs that
				are not included on the institutional program plan submitted to the Commission
				as provided in 133 C.S.R. 10,
Policy Regarding Program Review and
				Planning
. Early notice of intent to plan allows assistance to the
				institutions in such fundamental areas as needs analyses, consistency with
				institutional mission, resource requirements, possible duplication of programs,
				available resources that can be leveraged by the institution with Commission
				staff help, and the possible cooperation or merger with other similar programs
				in the State.
5.1.1. The notice of intent to
				plan shall be submitted electronically to the Chancellor and Vice Chancellor
				for Academic Affairs. The email shall be sent from the institutional president
				or provost or contain a letter from either office indicating official approval
				of the notice of intent to plan.
5.1.2. Once received at the Commission
				office, the notice of intent to plan is to be posted electronically for comment
				among the State universities.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-6 - Submission Requirements for New Program Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Once the
				institution has submitted a notice of intent to plan it may develop the program
				proposal, which must be approved by the institutional board of governors before
				submission to the Commission. The institutions shall submit new program
				proposals on a form provided by the Commission.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-7 - Commission Review of New Program Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A copy of the
				new program proposal is to be electronically submitted by the president or
				provost, to the Chancellor and the Vice Chancellor for Academic Affairs with
				documentation of the institutional board of governor's approval.
7.1.1. The Vice Chancellor for Academic
				Affairs will review the proposal confirming the submission's compliance with
				proper format requirements. Any format deficiencies shall be reported to the
				institution within ten working days of the date of submission.
7.1.2. The Commission shall consider all
				relevant factors in the program approval process but shall focus in particular
				on the following policy concerns:
7.1.2.a. New
				programs should not be implemented which change the institutional mission
				unless the institution also receives approval for expanding the institutional
				mission.
7.1.2.b. New programs
				which require significant additional expense investments for implementation
				should not be implemented unless the institution demonstrates that expenses
				shall be addressed by effective reallocation of existing resources or the
				expenses can be legitimately spread out over future years and will be covered
				by anticipated net revenues from new enrollments.
7.1.2.c. A new undergraduate program which is
				significantly similar to an existing program already in the geographic service
				area should not be implemented unless the requesting institution demonstrates a
				compelling need in the service area that is not being met by the existing
				program. Academic programs at the statutorily exempted schools are not to be
				taken into consideration except as it relates to academic programs offered at
				West Virginia University at Beckley and West Virginia University Institute of
				Technology at Beckley.
7.1.2.d. New
				program that constitutes a substantive change and/or change of mission for the
				institution may require consultation with an independent expert in the field
				prior to confirming format and issuing a recommendation to the Chancellor. This
				may extend the time needed for a final decision.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-8 - Termination of a Program

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An institution
				with the approval of its board of governors may discontinue a degree or
				certificate program. In seeking the board of governors' approval the president
				shall provide the reason for the proposed action (e.g. lack of enrollment, high
				cost), the institution's plan for assigning the positions and workload of
				faculty who are involved in the program, the impact on students who are already
				enrolled, and the teach-out plan(s) for those affected students. The request to
				the board of governors shall also describe any plans that may have been made to
				transfer students, library holdings, equipment, etc. to another institution and
				indicate any financial savings that would accrue to the institution as a result
				of the termination. The institution shall also report to the Chancellor any
				termination that is approved by the board of governors.
8.2. Pursuant to Series 10,
Policy
				Regarding Program Review and Planning
, every institution is to perform
				a comprehensive review of all academic programs at least once every five years.
				At the conclusion of the review, which examines external demand, quality of
				outcomes, and delivery cost, the board of governors will report to the
				Chancellor, by May 31, the results. The report shall include recommendations
				and actions to be pursued by the institution regarding underperforming or
				low-performing programs. The Commission, through its staff or other appropriate
				entities, shall receive an annual update from institutions describing the
				progress achieved toward implementation of those recommendations and actions
				for such programs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-11 - Standards and Processes for Approval of New Academic Programs › Section 133-11-10 - Guidelines for Joint Degree Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Institutions
				desiring to offer a joint degree are to contact the Commission's Division of
				Academic Affairs prior to beginning negotiations to offer the degree.
				Negotiations shall commence prior to a joint degree program being placed on the
				institutions' program plans submitted to the Commission. Once negotiations are
				complete, the institutions shall enter into a memorandum of agreement (MOA)
				dealing with the courses to be offered by each institution, facilities to be
				provided by each institution, the administrative structure of the program, the
				financial obligation of each institution, and other details necessary for the
				successful implementation of the joint degree.
10.2. For reporting purposes, the MOA shall
				denote the percentage of credit for program completers each institution shall
				receive in state generated graduation reports. It is presumed institutions will
				split the number of completers in a 50/50 reporting split. However, should
				there be a significant enrollment disparity between the institutions, the
				institutions may agree to other mutually agreeable reporting percentages. Each
				institution shall use enrollment numbers in their own courses as part of their
				headcount reporting.
10.3 Each
				institution must contribute coursework to the degree or certificate program
				with the minimum curricular contribution being 25 percent of the total number
				of credit hours necessary for completion of the degree or certificate.
10.4. The student shall be admitted
				to both institutions. However, the institutions shall identify a "home
				institution" for the student that is responsible for advising, fee and tuition
				collection, course registration, and administrating other processes necessary
				to allow the student to successfully complete the course
				requirements.
10.5. Once the
				cooperating institutions have executed the MOA, they shall submit a joint
				program proposal as outlined in section 6 of this document to the Commission
				for approval.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
				This rule establishes the policy for the strategic planning, financing,
				development, and maintenance of public higher education capital
				assets.
1.2. Authority. -- West
				Virginia Code §
									18B-1-6 and §
									18B-19-17.
1.3. Filing Date.-March 1, 2023.
1.4. Effective Date. - April 1,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on April 1,
				2028.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				purpose of this rule is to provide the West Virginia Higher Education Policy
				Commission (Commission) and the West Virginia Council for Community and
				Technical College Education (Council) authority to establish policies and
				procedures to meet the legislative objective stated in West Virginia Code
				§
									18B-1D-3 for the development of a
				state-level facilities plan and funding mechanism except for the exempt
				institutions that are not subject to this rule. The plan and funding mechanism
				must reduce the obligation of students and parents to bear the cost of higher
				education capital projects and facilities maintenance. The implementation of
				the plan must result in the following outcomes:
2.1.a. Development by the Commission and
				Council of a compact with elected state officials to fund a significant portion
				of higher education capital project needs from dedicated state
				revenues;
2.1.b. Development by the
				Commission and Council of a system to establish priorities for institution
				capital projects in a manner that is consistent with state public policy goals
				for higher education;
2.1.c.
				Implementation of facilities maintenance plans by institutions to ensure that
				maintenance needs are not deferred inappropriately;
2.1.d. Efficient use of existing classroom
				and other space by institutions, while maintaining an appropriate deference to
				the value judgments of the institutional governing boards;
2.1.e. New capital funding is applied
				effectively to projects that have a demonstrated need for new facilities or
				major renovations;
2.1.f. The cost
				of operating and maintaining the facilities and physical plants of institutions
				are appropriate for the size and mission of the institution; and
2.1.g. Capital and facilities maintenance
				planning that gives careful consideration to the recommendations arising from
				the committee established by the Joint Committee on Government and Finance for
				the purpose of making a specific and detailed analysis of higher education
				capital project and facilities maintenance needs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. ADA.
				Americans with Disabilities Act of 1990,
				42 U.S.C. §
										12101,
et seq
.
3.2. Alteration. Projects addressing changing
				use of space.
3.3. Asset
				preservation. Projects that preserve or enhance the integrity of building
				systems or building structure, or campus infrastructure.
3.4. Auxiliary enterprise. An entity that
				exists to furnish goods or services to students, faculty, staff or others;
				charges a fee directly related to, although not necessarily equal to, the cost
				of the goods or services; and is managed as essentially
				self-supporting.
3.5. Auxiliary
				facility. A building or structure that is used for an auxiliary enterprise
				including, but not limited to, residence halls, food services, parking,
				intercollegiate athletics, faculty and staff housing, student unions,
				bookstores and other service centers.
3.6. Auxiliary fees. Funds derived from, but
				not limited to, the following sources:
3.6.a.
				Parking fees received from any source;
3.6.b. Revenues received from athletic
				events, including ticket sales, television revenues and skybox fees;
3.6.c. Bookstore revenues except revenues
				from bookstore commissions from a private entity, which must be set aside for
				non-athletic scholarship funds;
3.6.d. Student union vendor and user
				fees;
3.6.e. Donations or grants
				from any external source;
3.6.f.
				Facility rental fees; and
3.6.g.
				Fees assessed to students to support auxiliary enterprises.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-4 - System Capital Development Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. By December
				31, 2017, the Commission and Council shall, jointly or separately, develop a
				system capital development oversight policy for approval by the Legislative
				Oversight Commission on Education Accountability. This oversight policy must
				include the following constraints:
4.1.a.
				State capital funding will focus on educational and general capital
				improvements, not capital projects.
4.1.b. Renovations of existing buildings will
				generally receive greater consideration for state funding than new
				construction.
4.1.c. Institutions
				will fund maintenance and deferred maintenance needs as the Legislature
				increases funding for new education and general capital improvements and major
				renovations and supplants existing educational and general debt.
4.1.d. The effect of additional debt loads on
				students and the financial health of institutions will be considered.
4.1.e. State capital funding and
				institutional capital fees will be used primarily for maintenance and deferred
				maintenance needs.
4.1.f.
				Institutions will not be rewarded with state capital funding if they neglect to
				address facilities maintenance needs or do not prudently manage their capital
				resources.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-5 - Campus Development Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each governing
				board shall update its current campus development plan and submit the updated
				plan to the Council for approval or the Commission for confirmation. A campus
				development plan shall be developed for a ten-year period and shall align with
				criteria specified in the following sources:
5.1.a. The system capital development
				oversight policy;
5.1.b. The
				institution's approved master plan and compact; and
5.1.c. The current campus development plan
				objectives.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-6 - Capital Appropriation Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commission
				and Council each shall submit a prioritized capital appropriation request
				annually to the state budget office in accordance with state law consisting of
				major capital projects and maintenance projects. The dollar value threshold
				distinguishing major projects from other projects will be set annually by the
				Commission and Council for their respective institutions.
6.2. The Commission, Council, and governing
				boards shall use the following process in reviewing and submitting a list of
				major educational and general capital projects so that a prioritized major
				capital project list, prepared by the Commission in conjunction with the
				Council may be submitted to the state budget office by the applicable deadline:
6.2.a. The governing board's major capital
				project list shall be submitted in accordance with timelines established by the
				Commission and Council and include the following items:
6.2.a.1. Projects identified in the governing
				board's approved campus development plan or plans. A project may not be
				included which is not contained in the approved plan, except when extraordinary
				circumstances otherwise warrant;
6.2.a.2. A current estimate of each project's
				estimated cost accounting for inflation since completion of the campus
				development plan and the estimated cost of operation and maintenance and if an
				existing facility, the estimated cost of repair and renovation, if applicable,
				of the facility. The size and scope of the project may not change unless the
				campus development plan has been updated and confirmed or approved as provided
				in accordance with West Virginia Code
§
18B-19-4 and section
				four of this rule; and
6.2.a.3. Any
				additional information required to be provided by the Commission, Council, or
				state budget office.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-12 - Capital Project Management › Section 133-12-7 - Capital Project Financing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission
				and governing boards, jointly or singly, may issue revenue bonds for capital
				project financing in accordance with West Virginia Code
§
18B-10-8.
7.2. A
				governing board may seek funding for and initiate construction or renovation
				work only for projects contained in a confirmed or approved campus development
				plan.
7.3. A governing board may
				fund capital improvements on a cash basis, through bonding or through another
				financing method that is approved by the Commission or Council.
7.3.a. If the cost of an improvement project
				for an institution subject to oversight by the Council exceeds $1 million, the
				governing board first shall obtain the approval of the Council, as appropriate.
				If the cost of an improvement project for an institution subject to the
				oversight of the Commission and the provisions of this rule exceeds $3 million,
				the governing board shall first obtain the approval of the Commission. In
				determining cost, all dollars associated with the project, whether state or
				private funds, will be calculated. Subject to the provisions of this section,
				the governing board will submit a completed Financial Feasibility Study in the
				format required by the Commission or Council sixty days in advance of the
				deadline for submitting agenda items to the Commission or Council (Appendix
				A).
7.3.b. Each institution will
				establish a Debt Policy to ensure that debt is prudently used to meet the goals
				of institutional strategic and capital plans. The policy will include the
				following components:
7.3.b.1. Debt
				Structure.
7.2.b.2. Debt
				Ratios.
7.2.b.3. Synthetic
				Financial Products.
7.3.c. Prior to approving bonding or any
				alternative financing method, the Commission or Council, as appropriate, shall
				evaluate the following issues:
7.3.c.1. The
				institution's debt capacity and ability to meet the debt service payments for
				the full term of the financing;
7.3.c.2. Compliance with the institution's
				debt policy;
7.3.c.3. The
				institution's capacity to generate revenue sufficient to complete the
				project;
7.3.c.4. The institution's
				ability to fund ongoing operations and maintenance;
7.3.c.5. The impact of the financing
				arrangement on students; and
7.3.c.6. Any other factor considered
				appropriate.