Title 133 W. Va. C.S.R.

Higher Education Policy Commission Higher Education Policy Commission

Series 02 Performance-Based Funding Formula

W. Va. Code R. § 133-02 Performance-Based Funding Formula

TITLE 133

LEGISLATIVE RULE

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 2

PERFORMANCE-BASED FUNDING FORMULA

General.

Scope. – This rule governs development, implementation, and administration of the performance-based funding formula for West Virginia public four-year colleges and universities.

Authority. – W. Va. § 18B-1B-4(a)(2).

Filing Date. – March 1, 2023.

Effective Date. – April 1, 2023.

Sunset Provision. – This rule shall terminate and have no further force or effect on April 1, 2028.

Repeal and Replace. – This legislative rule repeals and replaces Title 133CSR2 filed June 7, 2001 and effective July 1, 2001.

Purpose.

The purpose of this rule is to define the parameters governing the establishment and administration of a performance-based funding formula (funding formula or formula) to be used in the development of annual base budget requests, beginning with the 2024 fiscal year budget cycle, for Bluefield State University, Concord University, Fairmont State University, Glenville State University, Marshall University, Potomac State College of West Virginia University, Shepherd University, West Liberty University, West Virginia State University, West Virginia University, and West Virginia University Institute of Technology.

Definitions.

“Academically Underprepared Student” means a West Virginia resident student, pursuing an associate or bachelor’s degree, who has at least one of the following risk factors:

Cumulative high school grade point average below 2.50; or Admitted to the institution based on standardized test scores (ACT, SAT, or ACCUPLACER) that would qualify the student for developmental or remedial placement in mathematics or English based on placement criteria established by 133 C.S.R. 21, Freshman Assessment and Placement Standards.

“Adults or Adult Students” means West Virginia Resident students with an approximate age of 25 and older, calculated by subtracting the individual’s year of birth from the submission year for those data used in the calculation of model outcomes.

“Awards per 100 Full-Time Equivalent (FTE) Students” means the combined total number of unique students earning at least one associate or bachelor’s degree within an academic year for every 100 full-time equivalent (FTE) undergraduate degree-seeking students.

“Base Appropriation” means the amount of funding that an institution receives through a state appropriation for its operations and for which there are no significant restrictions on expenditure, and excluding funds appropriated specifically to support the schools of medicine, and related health sciences functions, at Marshall University and West Virginia University.

“Chancellor” means the Chancellor for Higher Education, as that term is defined by W. Va. Code § 18B-1B-5, or his or her designee.

“Classification of Instructional Programs (CIP) Code” means a numerical identifier assigned by the National Center for Education Statistics to an academic discipline to support tracking and reporting data at the field-of-study level.

“Commission” means the West Virginia Higher Education Policy Commission as established by W. Va. Code § 18B-1B-1, et seq.

“Degrees Awarded” means the combined total number of students earning associate degrees, bachelor’s degrees, master’s degrees, post-master’s certificates, doctoral degrees or law degrees during an academic year. Students earning multiple degrees within an academic year shall be counted as a single outcome for model calculations. In such cases, the outcome score will be calculated based on the degree that yields the institution the highest possible total score with all premium multipliers applied.

“Focus Population” means West Virginia resident students identified as academically underprepared, adults, and/or low-income based on the criteria defined by this Rule.

“Full-Time Equivalent (FTE) Student” is an enrollment metric calculated by dividing the total number of credit hours generated by an undergraduate degree-seeking student in credit-bearing classes during the summer, fall, and spring semesters of an academic year by 30.

“Higher Education Price Index (HEPI)” is an inflation index designed specifically to track the main cost drivers in higher education and to measure the change in the price of the goods and services purchased by colleges and universities as measured by the Commonfund Institute.

“Hold-Harmless Provision” means a safeguard in the funding formula designed to provide stability and predictability in the formula by preventing an institution’s outcomes-based funding allotment from decreasing by more than five percent (5%) from one academic year to the next.

“Low-Income Student” means a West Virginia resident student who, based on current and historical records, is identified as having received financial assistance through the Federal Pell Grant program for at least one semester at any State institution of higher education.

“On-Time Completion” refers to a graduate who completed a bachelor's degree within four academic years, based on the year and semester in which they were reported as a first-time freshman and the year and semester in which they were reported as completing a bachelor's degree. The bachelor's degree must be completed at the same institution at which the student was first identified as a first-time freshman.

“Premium” is a mathematical weighting factor applied to certain formula calculations for West Virginia resident students identified as belonging to one or more focus populations, to associate or bachelor’s degrees awarded in fields identified as State Priority Fields, and/or to bachelor’s degrees completed within four years, as defined in Section 3.14 of this rule.

“Progression Outcomes” means the number of full-time and part-time associate or bachelor’s degree-seeking students whose cumulative credits earned at the institution at the beginning of a semester are less than the established credit hour threshold benchmarks of 30, 60, or 90 student credit hours and whose cumulative credit hours earned at the end of the semester are equal to or greater than the credit hour threshold benchmarks during the academic year. Credits transferred in from other institutions are not included in the calculations.

“Research and Development Metrics” means the amount of funding expended on research and development activities as reported on the institution’s audited financial statement under the Operating Expenses category within both the natural and functional classifications.

“Residual Funds” means funding that is not obligated through formula calculations as a result of a decline from one year to the next in the total number of outcomes across all institutions.

“Scaling Factor” is a mathematically derived value used in formula calculations for the purpose of adjusting outcome values across different metrics to values of comparable magnitude.

“State Priority Programs” means associate degree or bachelor’s degree programs identified by the West Virginia Department of Commerce as being aligned with occupations in high or critical demand statewide.

“West Virginia Resident” or “Resident” means an individual enrolled at a public college or university with an in-state tuition and fee status as defined by 133 C.S.R. 25, Residency Classification for Admission and Fee Purposes.

Formula Development, Implementation, and Administration.

The Chancellor shall develop, in consultation with the Funding Formula Advisory Committee, as defined in section 4.3 of this Rule, a funding formula for public four-year institutions that will serve as a broad framework for efforts to improve student outcomes and institutional efficiency. The Commission shall use the funding formula to determine the annual base budget request for each institution, beginning with the fiscal year 2024 budgeting cycle. The formula shall, at a minimum:

Apply to thirty percent (30%) of each institution’s base appropriation, referred to herein as the Outcomes-Based Funding Pool;

Set aside seventy percent (70%) of each institution’s base appropriation, referred to herein as the Base Operating Budget, which shall be exempt from outcomes-based funding calculations;

Hold institutions accountable for increasing the educational attainment levels of West Virginia citizens by addressing the State’s economic development and workforce needs and promoting increased degree production, with a particular emphasis on degrees awarded in academic programs aligned with State Priority Fields;

Acknowledge the unique mission of each institution;

Be based on a set of objective performance metrics that reflect and support the State’s higher education goals and priorities;

Incorporate safeguards to ensure stability of the funding formula, including, but not limited to:

A Hold Harmless Provision; and To the extent possible, employment of a three-year rolling average for all data metrics; and Apply an annual inflation adjustment, calculated utilizing the Higher Education Price Index, to each institution’s Base Operating Budget, Outcomes-Based Funding Pool, and the system-wide rate per weighted outcome.

Nothing in this rule shall be interpreted as prohibiting an institution from submitting requests for special appropriations to support capital projects or other projects or initiatives.

Funding Formula Advisory Committee The Chancellor shall appoint a Funding Formula Advisory Committee (Advisory Committee) whose membership shall be comprised of the president of each institution or a president’s designee and additional members with relevant expertise as deemed appropriate and necessary by the Chancellor.

The Chancellor or his or her designee shall serve as the chair of the Advisory Committee.

The Advisory Committee shall meet at least annually at a time and place determined by the Chancellor.

The Advisory Committee shall review the funding formula components and identify needed revisions, additions, or deletions to the formula.

The Chancellor shall not be bound by the advice of the Advisory Committee.

Amendments or Revisions to the Funding Formula. – The Chancellor, in consultation with the Advisory Committee and upon approval by the Commission, may revise the metrics comprising the funding formula outlined in Subsection 4.5 below as necessary based on changes in State priorities.

Funding Formula Elements.

Funding Formula calculations shall, at a minimum, be based on the following data metrics:

Progression Outcomes.

Completion Outcomes.

Associate degree completers;

Bachelor’s degree completers;

Master’s degree and post-master’s certificate completers;

Doctoral and/or law degree completers;

Workforce Outcomes Graduates earning wages in West Virginia; and Graduates enrolled in continued postsecondary education.

Institutional investments in research and development, as defined by this Rule.

Efficiency Outcomes, based on the number of students earning associate and/or bachelor’s degrees per 100 full-time equivalent (FTE) undergraduate students.

Other metrics as defined by the Chancellor, in consultation with the Commission and the Advisory Committee.

Mission Weighting The Funding Formula shall incorporate mathematical factors to provide for differential weighting of data metrics based on institutional mission.

Mission weights shall be established in consultation with institutional leadership, within parameters established by the Chancellor, and must be approved by each institution’s board of governors. The boards of governors shall notify the Chancellor of such institutional mission weights by letter from the board’s chair or the chair’s designee.

Should a board of governors fail to adopt institutional mission weights and submit notification of the same to the Chancellor prior to the established deadline, the Chancellor shall determine that institution’s mission weights on the board’s behalf.

Mission weights shall be finalized at the beginning of each five-year funding cycle and may not be amended or adjusted prior to the end of the cycle; Provided, that the Chancellor may grant exceptions for good cause shown.

Data Collection Requirements Each institution is responsible for the timely submission to the Commission of all data necessary for the administration of the funding formula.

On or before July 1 of each year, the Commission shall publish and distribute a calendar specifying due dates for the submission of data elements required for the administration of the funding formula.

Should an institution fail to submit all necessary data prior to the deadline prescribed by the Commission, the institution’s budget request shall be based on the recommended funding level from the most recent fiscal year in which all data were provided, with the Outcomes Based Funding Pool amount reduced by five percent (5%) and no adjustment for inflation applied.

Each institutional board of governors shall adopt a policy pursuant to W. Va. Code § 18B-1-6 establishing procedures and internal controls that ensure the integrity and validity of data submitted in support of the funding formula. The boards shall submit their initial policies to the Commission no later than June 30, 2023 and any subsequent amendments thereto in accordance with statutory rulemaking procedures.

The Commission may conduct periodic audits of institutional data submissions, institutional processes and procedures governing the collection and submission of data, any source data upon which submitted data files are based, and any other funding formula related data determined necessary by the Chancellor. The cost of such audits shall be borne by the Commission.

State Priority Degree Fields The funding formula shall incentivize associate and bachelor’s degree production in certain fields identified by the West Virginia Department of Commerce as State Priority Programs.

As the State’s workforce needs are everchanging, the Department of Commerce may recommend designating a new State Priority Program at any point in the funding cycle.

Once identified as a State Priority Program, a program shall maintain the Priority designation for a period of at least five full academic years.

State Priority Programs shall be identified by the Classification of Instructional Programs (CIP) Code associated with the program of study in the Commission’s official inventory of degree programs.

An institution may request to change the CIP Code of an existing program to a code on the State Priority Programs list but must provide sufficient documentation demonstrating that the coursework and content delivered through an approved program of study align with the proposed new CIP discipline.

For any new academic program assigned a CIP Code on the State Priority Programs list, the Chancellor may require an institution to submit documentation demonstrating that the coursework and content delivered through an approved program of study align with the proposed new CIP discipline.

The Chancellor may disqualify any new or existing academic program from being identified as a State Priority Program if it is determined that the coursework and content delivered through an approved program of study do not align sufficiently with the proposed new CIP discipline.

An institution may appeal any decision by the Chancellor to disqualify a State Priority Program. Such appeal shall be made in writing to the Commission for consideration at the Commission’s next regular meeting; Provided that such appeal is submitted no less than thirty (30) days prior to the scheduled meeting date. Changes to the State Priority Program inventory resulting from an appeal shall have no retroactive effect on model calculations.

Formula Calculations The funding formula shall operate on a five-year cycle, beginning with fiscal year 2024 budgeting cycle.

Benchmarking In the first year of each funding cycle, abbreviated herein as year zero (y0), the Commission shall establish baseline values for each metric based on an average of the three most recent full academic years of available data. The baseline data shall provide a basis of comparison upon which institutional performance shall be gauged in subsequent years of the funding cycle (years one through four).

In each year following y0, each institution’s recommended funding level shall be calculated based on the increase or decrease of the institution’s total outcomes score as compared to the y0 benchmark value.

Funding Formula Calculations At the beginning of each annual budget cycle, the following values shall be calculated and used in the determination of each institution’s recommended base appropriation request:

The number of outcomes achieved within each data metric, with weighting factors applied where appropriate for:

Students representing Focus Populations;

Associate and bachelor’s degrees awarded in State Priority Programs; and On-time bachelor’s degree completion;

The Total Outcomes Score based on an average of the three most current years of data for each of the metrics established in Section 4.5 of this rule;

The net increase or decrease in outcomes score between the current year and the benchmarking year (y0);

The inflation-adjusted rate per outcome;

The Base Operating Budget, adjusted for inflation; and The prior year’s Outcomes Based Funding level, adjusted for inflation.

Each institution’s base appropriation request shall be determined by the following calculations:

The net increase or decrease in outcomes score is multiplied by the system-level rate per outcome to determine the net change in Outcomes Based Funding. This value is added to the inflation-adjusted Outcomes Based Funding level from the prior year.

The prior year’s Base Operating Budget is adjusted for inflation and added to the Outcomes Based Funding pool, calculated in paragraph 5.3.2.a of this rule.

Any annual reduction to an institution’s Outcomes Based Funding pool shall not exceed five percent (5%).

133CSR2

133CSR2

Series 03 Higher Education Accountability System

W. Va. Code R. § 133-3-1 General

1.1. Scope. -- This rule sets forth an accountability system for West Virginia public higher education institutions under the jurisdiction of the West Virginia Higher Education Policy Commission (Commission).

1.2. Authority. -- W. Va. Code §§ 18B-1B-4(a)(36), 18B-1D, and 18B-1D-8.

1.3. Filing Date. – April 30, 2025.

1.4. Effective Date.—May 30, 2025.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 133-3-2 Purpose

2.1. The rule sets forth an accountability system for the Commission and the State’s public four-year institutions.

2.2. The rule defines requirements for a public reporting system that facilitates the dissemination of higher education accountability data through internet-based data tools and published reports. At a minimum, the public reporting system shall:

2.2.1. Provide thorough and consistent data and other relevant information to be used in assessing progress of the Commission and the State’s public four-year institutions toward the goals and objectives as stated in W. Va. Code §18B-1-1a;

2.2.2. Provide a basis for comparing institutional and system performance with regional and national norms toward accomplishing the goals and objectives as stated in W. Va. Code §18B-1-1a;

2.2.3. Provide information to assist the Commission in assessing institutional and system progress toward statewide and institutional higher education goals;

2.2.4. Provide additional information to assist the Commission in assessing institutional and system progress relative to historical, regional, and national trends; and

2.2.5. Serve students, parents, faculty, staff, policymakers, and the public as a neutral and credible source of information about the overall quality and performance of public higher education in West Virginia.

W. Va. Code R. § 133-3-3 Definitions

3.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code § 18B-1-2 apply to this rule in addition to the definitions set forth below.

3.2. “Accountability System.” All research, reports, documents, data and any other materials, the collection, analysis, and dissemination of which are necessary to accomplish the purpose of this rule. The system includes goals, objectives and priorities, public policy agendas, implementation plans, institutional mission statements and master plans, the Statewide Annual Report, and the Statewide data reporting system.

3.3. “Goal.” A long-term public purpose that is a desired and expected result for which public higher education is established.

3.4. “Key Performance Indicator.” A quantifiable measure used to evaluate the success of an organization in meeting objectives for performance.

3.5. “Objective.” End to be accomplished or attained within a specified period of time for the purpose of meeting established goals.

3.6. “Priority.” The order in which objectives are to be addressed for the purpose of achieving State goals.

3.7. “State Compact.” A formal written agreement between the Commission and at least one other external entity to achieve State goals and objectives where significant collaboration and commitment of resources between the partners to the agreement is required in order to achieve the desired results.

3.8. “Statewide Annual Report.” A report or series of reports that outlines significant trends, identifies major areas of concern, and assesses the progress of Commission and the State’s public four-year institutions toward achieving State, system, or institution goals or objectives.

3.9. “Statewide Data Reporting System.” A collection of information management tools that provide public access to data on the performance of the Commission and institutions under its jurisdiction.

3.10. “Chancellor.” The Chancellor for higher education as defined in W. Va. Code § 18B-1-2 or his or her designee.

3.11. “Commission.” The Higher Education Policy Commission established by W. Va. Code § 18B-1B-1.

W. Va. Code R. § 133-3-4 General Guidelines for Data Collection and Reporting

4.1. The following will guide the further development of the existing higher education database and the collection of data which will comprise the Statewide Data Reporting System and the Statewide Annual Report:

4.1.1. All data reported by institutions shall be based on uniform and consistent definitions as established by the Commission.

4.1.2. The Commission shall minimize, to the extent allowed by statute, institutional requirement for additional record keeping and reporting.

4.1.3. The Commission shall establish data element collection procedures and report timelines.

4.2. The Commission shall maintain for a reasonable time, as determined by best practices, all detailed background data used in compiling the Statewide Annual Report.

W. Va. Code R. § 133-3-5 Key Performance Indicators and Goal Setting

5.1. The Commission shall adopt a set of key performance indicators to measure institutional and system progress toward achieving State, system, and institutional objectives. These indicators will focus on institution- and system-level performance in the areas of finance, admissions, enrollment, academics, student outcomes, and other areas as deemed appropriate by the Commission.

5.2. In cooperation with the State’s public four-year institutions, the Commission shall set State, system, and institutional goals for each of the adopted key performance indicators.

5.3. The Commission shall develop and update at least annually a public internet- based data tool that will display system and institutional progress toward meeting established goals.

5.4. The Chancellor shall present an annual report to the Commission about progress made toward meeting established goals.

W. Va. Code R. § 133-3-6 Statewide Annual Report and Statewide Data Reporting System

6.1. Purpose.

6.1.1. A primary purpose of the Statewide data reporting system and Statewide Annual Report is to make information available to students, parents, faculty, staff, State policymakers, and the public on the quality and performance of public higher education.

6.1.2. A primary purpose of the Statewide Annual Report is to provide a mechanism to evaluate the annual progress of the Commission and the State’s public four-year institutions in achieving State and system goals and objectives.

6.2. Contents.

6.2.1. The Statewide Annual Report shall provide information on the performance of the State’s public four-year institutions, including health sciences education, in relation to the State and system goals, objectives, and priorities.

6.2.2. When possible, the Statewide Annual Report shall be based upon information for the current academic year or for the most recent academic year for which information is available, in which case the year shall be clearly noted.

6.2.3. When possible, the Statewide Data Reporting System shall break down data by institution, including West Virginia University Potomac State College and West Virginia University Institute of Technology.

6.2.4. When possible, the Statewide Annual Report shall provide regional and/or national comparison data.

6.2.5. When possible, the information contained in the Statewide Annual Report and the Statewide Data Reporting System shall allow for easy comparison with higher education-related data collected and disseminated by the Southern Regional Education Board, the United States Department of Education, and other education data-gathering and data-disseminating organizations.

6.2.6. The information contained in the Statewide Annual Report and the Statewide Data Reporting System shall be consistent and comparable between and among higher education institutions.

6.2.7. To the extent practicable, the Statewide Annual Report shall be analysis-driven, rather than solely data-driven, and present information in a format that will help inform education policymaking.

6.3. Implementation.

6.3.1. The Chancellor shall provide technical assistance to each institution and governing board in data collection and reporting.

6.3.2. The president or chief executive officer of each higher education institution shall prepare and submit all requested data to the Commission at the times established by the Commission.

6.3.3. The Commission shall maintain the Statewide Data Reporting System and develop the Statewide Annual Report using data and information submitted by each institution.

6.3.4. The Commission shall complete the Statewide Annual Report no later than January 1 annually with printed copies provided to the public and the Legislative Oversight Commission on Education Accountability. The Commission shall also publish the report in electronic format on its official website.

6.3.5. The president or chief executive officer of each higher education institution shall prepare and submit all requested data to the Commission at the times established by the Commission.

W. Va. Code R. § 133-3-7 Health Sciences and Rural Health Data Collection and Reporting

7.1. In addition to the information required by Section 4 of this rule, each health sciences school is responsible for ensuring that all requested information is submitted to the Chancellor.

7.2. The Chancellor shall make available to the public through the Statewide Data Reporting System or through the annual Health Sciences and Rural Health Report information specific to each of the State’s health sciences schools, including:

7.2.1. Historical trend information for medical students, tuition and fees, specialization of graduates, passage rates on licensing examinations, and in-state retention of graduates.

7.2.2. The number and dollar value of loans made through the medical student loan program as well as default rates for the most recent year.

7.2.3. The number and dollar value of aid awarded through the Health Sciences Service Program for the most recent year.

W. Va. Code R. § 133-3-8 Collaborative Agreements

8.1. The Commission may identify important State and system goals, objectives, and priorities that it and the State’s public four-year institutions acting alone would be unable to accomplish. In such cases, the Commission may authorize the Chancellor to enter into collaborative agreements, or contracts, with external entities.

8.2. In determining whether a collaborative agreement may be appropriate, the Chancellor shall consider:

8.2.1. Whether significant collaboration with an external entity or entities is necessary or advantageous to increase the likelihood of accomplishing a goal, objective, or priority;

8.2.2. Whether an external entity or entities would need to make a significant commitment of resources to accomplish a goal, objective, or priority; and

8.2.3. Whether an external entity is or entities are receptive to entering into a collaborative agreement.

8.3. At a minimum, a collaborative agreement shall:

8.3.1. Identify the parties to the collaborative agreement;

8.3.2. Identify the term of the collaborative agreement;

8.3.3. Set forth measurable outcomes the parties seek to achieve by entering into the collaborative agreement;

8.3.4. Identify what each party will contribute in terms of resources as part of the collaborative agreement;

8.3.5. Set forth a system for evaluating the success or failure of the collaborative agreement to achieve the outcomes sought; and

8.3.6. Provide that the failure of one party to the collaborative agreement to perform excuses the Commission or any of the State’s four-year institutions from performance thereunder.

8.4. The Commission shall approve a proposed collaborative agreement before it becomes operative and binding on the Commission or the State’s public four-year institutions.

Series 04 Rules and Administrative Procedures

W. Va. Code R. § 133-4-1 General

1.1. Scope. Rule establishing process for adoption, amendment, or repeal of rules and posting and publication of rules and administrative procedures by state institutions of higher education under the jurisdiction of the West Virginia Higher Education Policy Commission (Commission).

1.2. Authority. West Virginia Code §18B-1-6(c)(3).

1.3. Filing Date. August 28, 2018.

1.4. Effective Date. September 28, 2018.

1.5. Repeals and replaces previous Series 4 dated April 19, 2013.

W. Va. Code R. § 133-4-2 Definitions

2.1. Rule. Any regulation, guideline, directive, standard, statement of policy or interpretation of general application which has institution-wide effect or affects the rights, privileges or interests of employees, students or citizens. The following are not rules:

2.1.a. Regulations, guidelines or policies established for individual units, divisions, departments or schools of the institution that deal solely with the internal management or responsibilities of a single unit, division, department or school; or

2.1.b. Academic curricular policies that do not constitute a mission change for the institution.

2.2. Administrative Procedure. Any regulation, guideline, directive, standard or statement of policy or interpretation of future effect that does not qualify as a “rule.”

W. Va. Code R. § 133-4-3 Application

3.1. This rule shall apply to the adoption, amendment, or repeal of any rule by a governing board of any public higher education institution under the Commission’s jurisdiction, as well as to the posting and publication of rules and administrative procedures.

3.2. A governing board may not delegate responsibility for approving a rule to the President.

3.3. The Chancellor shall periodically advise institutions of topics that should be dealt with only through the rule-making process. If the governing board or President of an institution is unsure whether the rulemaking process must be used, the governing board or President shall seek guidance from the Chancellor or his/her designee.

3.4. Each institution’s governing board shall adopt a rule that outlines the rulemaking process at that institution pursuant to this rule and West Virginia Code.

3.5. No rule shall be adopted, amended, or repealed by a governing board without the appropriate provisions in this rule and its own rule on rules being met.

W. Va. Code R. § 133-4-4 Rulemaking Process

4.1. Consultation. Institution officers are encouraged to consult with interested groups before presenting a proposed rule to the governing board for consideration.

4.2. Approval of Proposed Notice and Rulemaking. If a governing board determines that a rule concerning a subject matter under the governing board’s jurisdiction should be adopted, amended, or repealed, the governing board shall approve a notice of proposed rulemaking. A notice of proposed rulemaking shall include:

4.2.a. A brief description of the subject matter of the rule, an explanation of how comments will be received, the deadline for receiving comments, and contact information for the person who has been designated to receive comments; and

4.2.b. A copy of the proposed rule if adoption or amendment is proposed or a copy of the current rule if repeal is proposed.

4.3. Notice of Proposed Rulemaking. Notices of proposed rulemaking shall be provided directly to the Chancellor, those persons representing students, faculty, and staff at the institution, and other interested parties. In addition, notices of proposed rulemaking shall be posted prominently at a location or locations accessible to the public and identified in the institution’s rule on rules, as well as posted on the institution’s website, and copies be made available at no cost to any requester.

4.4. Comment Period. Except for emergency rules, a notice of proposed rulemaking must provide for a public comment period of at least thirty (30) days during which written comments will be received before final adoption of the rule. A President or governing board may also provide for a public hearing.

4.5. Approval of Final Rule.

4.5.a. If a governing board originally approved a notice of rulemaking at a previous meeting and no comments are received during the comment period, a proposed rule need not be re-approved by the governing board if the board provides so at the time it approves the proposed rule.

4.5.b. If written comments are received or a hearing held during the comment period, the governing board shall summarize the comments received and/or made and make a determination concerning each issue raised. The governing board may amend a proposed rule as a result of the comments or evidence received. All written comments and evidence received and determinations made by the governing board shall be made available in the manner set out in Section 4.3 of this rule at least ten (10) days prior to the meeting in which the governing board gives final approval to the rule and be carefully preserved by the institution and open for public inspection and copying for a period of at least five (5) years from the date of final board action.

4.5.c. The institution shall furnish the Chancellor or his/her designee with a copy of the final proposed rule fifteen (15) days prior to the governing board’s formal adoption of the final rule.

4.5.d. Except as set forth in Section 4.5.f of this rule, any rule adopted by a governing board shall not be effective until reviewed and commented on by the Chancellor or his/her designee. The Chancellor or his/her designee shall notify the governing board of any specific or general objections to the rule within fifteen (15) days of receiving the proposed rule and allow the governing board to address the objections.

4.5.e. In situations where the governing boards have been given authority that inherently requires the governing board to promulgate and adopt a rule, that authority is void until the governing board adopts a rule in a manner consistent with this rule and West Virginia Code.

4.5.f. Any rule adopted by the governing boards of the exempted schools under West Virginia Code §18B-1-2 shall not be subject to Section 4.5.d. of this rule. However, the exempted schools shall submit their proposed rule to the Chancellor and the Chancellor shall submit any comments or suggestions to the governing board within fifteen (15) days. Any comments or suggestions made by the Chancellor regarding a proposed rule by any governing boards of non-exempted schools may not become effective or implemented until the governing board places the comments or suggestions on its agenda and considers them at a meeting of the governing board.

W. Va. Code R. § 133-4-5 Posting and Publication of Approved Rules

5.1. Approved rules shall be posted prominently at a location or locations identified in the institution’s rule on rules, as well as on the institution’s website, and copies shall be made available at no cost to any requester.

5.2. Approved rules shall be enumerated in a manner that makes them easily identifiable.

5.3. No later than October 1 of each year, each institutional governing board shall file with the Commission a list of all institutional rules that were in effect on the first day of July of that year, as well as a list of institutional rules repealed during the preceding year.

5.3.a. For each rule listed, the governing board shall identify the most recent date on which each rule was adopted, amended or repealed.

5.3.b. The list shall include a statement by the chair of the governing board certifying that the governing board complied with the provisions of West Virginia Code §18B-1-6 and this rule when each rule was adopted.

W. Va. Code R. § 133-4-6 Emergency Rules

6.1. In the case of an emergency, a governing board of a non-exempted school may adopt, amend, or repeal a rule without first following the procedure set out in this rule. An exempted school’s governing board shall include any such authority in its own rule on rules.

6.2. For the purpose of this section, an emergency exists when the adoption, amendment, or repeal of a rule is necessary for the immediate preservation of the public peace, health, safety or welfare, or is necessary to comply with a time limitation established by state or federal law or regulation or a directive or rule of the Commission, or to prevent substantial harm to the public interest, or to deal with financial exigency. The facts constituting an emergency shall be communicated in writing in advance to the Chancellor, who shall disapprove the action of the governing board if the Chancellor, or his/her designee, disagrees that an emergency existed.

6.3. Any emergency rule shall remain in effect no longer than three (3) months and shall expire unless a final rule has been approved under the normal process set out in this rule.

W. Va. Code R. § 133-4-7 Administrative Procedures

7.1. This rule contains no restrictions on the adoption, amendment or repeal of administrative procedures. A governing board, however, is free to impose restrictions on this process.

7.2. The institution shall post administrative procedures prominently at places where those subject to the administrative procedures are likely to see them.

W. Va. Code R. § 133-4-8 Enforceability

8.1. Any institution rule that fits within the definition contained in Section 2.1 of this rule, but which has not previously been adopted by a formal vote of the governing board, must be adopted, amended or repealed by the governing board on or before July 1, 2006, or it shall be void and may not be enforced.

8.2. Any institution rule adopted, amended or repealed after the effective date of this rule in a manner inconsistent with the provisions of this rule shall be void and may not be enforced.

8.3. Any institution rule or policy statement not posted in a manner consistent with the provisions of this rule may not be enforced.

133CSR4

Series 05 Guidelines for Governing Boards in Employing and Evaluating Presidents

W. Va. Code R. § 133-5-1 General

1.1. Scope. -- This rule applies to the search for, hiring, employment, and evaluation of presidents by governing boards of the public four-year institutions of higher education that are not administratively exempt pursuant to W. Va. Code § 18B-1-1f or statutorily exempt pursuant to W. Va. Code § 18B-1B-4(a)(15).

1.2. Authority. -- W. Va. Code §18B-1B-6(d).

1.3. Filing Date. -- February 29, 2024.

1.4. Effective Date. -- March 29, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 133-5-2 State Universities

2.1. The selection of campus presidents is one of the most important duties of institutional governing boards. The procedures outlined in this rule are intended to assist the governing boards of the State’s public institutions of higher education in fulfilling this duty. Considering the great diversity in size, scope, and mission of the State’s universities, the specific search process at an individual university will be tailored by that university to meet its specific institutional needs; Provided, That the university’s search process must conform with the authorizing statute and this rule.

2.2. Upon the occurrence of a vacancy in the position of president at one of the State’s universities that is not administratively or statutorily exempt herefrom, the governing board of the institution shall undertake a search for a new president. The governing board is responsible for the search, both procedurally and financially. The governing board shall adopt a procedure, consistent with this rule, governing the search. The search procedure adopted by the governing board shall be submitted to the Chancellor for review and comment prior to being implemented. The procedure shall include, but not be limited to, the following:

2.2.1. A mechanism to receive input from faculty, staff, and student representatives, as well as alumni representatives and community leaders as to the characteristics and qualities they seek in the president.

2.2.2. If the governing board appoints a search committee other than itself, the appointed search committee shall include representation of faculty, students, staff, and other constituencies of the institution. The number and constituency of the membership of the appointed search committee is at the discretion of the governing board.

2.2.3. The governing board shall prepare or cause to be prepared a position announcement detailing the characteristics and qualities sought in a new president and post it on the institution’s primary website, distribute it to newspapers and other media sources, heads of higher education associations and organizations, and other appropriate individuals, groups, or organizations for the purpose of advertising the position.

2.2.4. The governing board shall determine the finalists from the candidate pool and conduct on-campus visits with them at which students, classified employees, non-classified employees, faculty, campus administrators, community leaders, alumni, and other individuals shall be invited to meet with the candidates. The constituent groups shall submit their comments to the governing board, and the governing board shall consider those comments in its evaluation of the finalists.

2.2.5. The governing board may conduct background checks on each candidate prior to the candidate’s interview with the search committee or governing board. The governing board should conduct background checks on finalists prior to any campus visit made at the invitation of the search committee or governing board and shall conduct background checks prior to any final selection by the search committee or the governing board. The governing board or appointed search committee may conduct on-site visits to the candidates’ current and past places of employment. The governing board shall use standard industry practices in conducting background checks and, at a minimum, shall include confirmation of degrees and past employment and criminal and credit checks.

2.3. Candidates may be considered through their own application or by nomination.

2.4. Confidentiality.

2.4.1. Members of the governing board or its appointed search committee may not provide information about the names or backgrounds of any candidates without their consent to anyone who is not a member of the governing board, its appointed search committee, or authorized agents or staff of the governing board or its appointed search committee. At the first meeting of the governing board sitting as a search committee or its appointed search committee, the committee shall discuss the importance of confidentiality. All members of the committee shall agree to preserve the confidentiality of the search and the names of all candidates. The chair of the board of governors may dismiss any search committee member if there is evidence that a member of the search committee has breached the committee’s confidentiality. The decision of whether or not to dismiss a search committee member, as well as whether or not to replace the dismissed member, shall be at the sole discretion of the chair of the governing board; Provided, That if the search committee member proposed for dismissal is a representative of the faculty, staff, or students of the institution, the chair shall replace the member after consultation with the chair or other appropriate representative of the constituent group as to how the individual will be replaced.

2.4.2. When candidates are invited to a preliminary interview with the search committee, the chair of the search committee shall notify them of the conditions under which the candidates may waive confidentiality as to background checks and that, in the event that they are invited for a campus interview, the search committee shall release, or cause to be released, to the public their names and backgrounds at the time they accept an invitation for a formal campus visit.

2.5. At the request of an institution, the Commission may provide the governing board with staff assistance to manage the search process, or the governing board may enter into a contract with a consultant or executive search firm to identify potential candidates in addition to those who have applied or been nominated or to assist in the search.

2.6. The Chancellor or his or her designee shall serve as an ex officio, non-voting member on all search committees or bodies serving in that capacity during the search process. The Commission reserves the right to conduct independent interviews of one or more finalists and provide its opinion of the interviewees to the search committee for consideration. Prior to exercising that option, it shall give sufficient notice to the governing board so that any interviews will occur sufficiently close to the final decision of the governing board.

2.7. Terms of compensation and contracts discussed with or offered to candidates shall be consistent with the sections of this rule regarding presidential compensation and contracts.

W. Va. Code R. § 133-5-3 Presidential Contracts

3.1. The Commission shall approve the total compensation package from all sources for a president or an interim president when the president or the interim president is initially hired and whenever the governing board proposes any subsequent changes in the president’s or the interim president’s total compensation package.

3.2. A president is a will and pleasure employee of the governing board. The terms of presidential contracts shall be based on the fiscal year (i.e., June 30 to July 31); those contracts exceeding a term of one fiscal year shall conform to the following:

3.2.1. An initial term of employment as president may not exceed two years, so that the contract expires on June 30 of the next following fiscal year. After the initial contract, the governing board may offer contracts of up to five years. A president assigned to an alternative position during a guaranteed term of employment shall perform substantive duties on behalf of the institution in order to collect his or her salary.

3.2.2. All contracts with a term greater than one fiscal year shall be conditioned upon availability of funding.

3.2.3. A governing board may agree to reasonable notice of the president’s intent not to renew a contract. For purposes of this section, “reasonable notice” is a period of time that does not exceed one year but may be increased up to two years after five years of service by the president.

3.2.4. Provisions in contracts existing on the effective date of this rule that are inconsistent with this rule may remain in effect at the discretion of the governing board unless the provisions are in violation of the statute.

W. Va. Code R. § 133-5-4 Compensation

4.1. The Commission shall approve the total compensation of a president, from all sources, before the compensation becomes effective. Forms of compensation which require prior approval include: annual salary derived from whatever funding source, deferred compensation, and housing or vehicle allowances. The governing board may require approval of other compensation such as non-State funded discretionary funds, compensation from other employment or for service on a corporate board of directors, and payment of dues or assessments for membership in non-professional related clubs or associations. The governing board shall report to the Chancellor any such compensation received by the president. If the governing board and the president are seeking approval of deferred compensation, the institution shall submit an actuarial report to the Commission detailing the present cash value of the deferred compensation and conditions for eligibility or receipt of the deferred compensation.

4.2. The governing board shall base the president’s total salary from all funding sources on a comparison of the presidential salaries at comparably sized State institutions of higher education with similar missions, or other national data sources which may be utilized by the governing board, as appropriate, to establish salary ranges.

4.3. If the governing board and the president are seeking Commission approval of a presidential salary increase in a percentage in excess of the average percentage salary increase for all personnel at that institution within the last calendar year the governing board shall submit to the Commission its detailed rationale justifying the increase. If the percentage increase is exactly in the ratio of compensation increases allocated to all institutional employees, the governing board shall notify the Commission of the increase, but the Commission is not required to approve or confirm it.

4.4. If an institution provides a president a housing allowance instead of housing, the housing allowance may not be considered part of the president’s base salary for the purposes of Section 4.2 above.

4.5. Annually, the Chancellor shall make available to the governing boards and Commission the most recent College and University Professional Association for Human Resources (CUPA-HR) or other comparable salary data applicable to their institutions.

W. Va. Code R. § 133-5-5 Presidential Evaluation

5.1. Each governing board shall conduct a formal and structured written performance evaluation of the institution’s president every third year of the president’s employment. The governing board shall evaluate the president’s performance in relation to the duties and responsibilities assigned to the president by the governing board, the success of the institution in meeting each requirement of its institutional compact, and any other criteria previously established by the governing board.

5.2. The governing board shall appoint a committee of its own members, a visiting team, or any combination thereof, and utilize institutional personnel including faculty, staff, and students, as well as persons who are knowledgeable of higher education matters to assist in its evaluation of the president.

5.3. The governing board committee, visiting team, or other body chosen by the governing board shall visit the campus to receive the views of the president, governing board members, administrators, faculty, classified employees, non-classified employees, students, alumni, and community leaders. The governing board or its designee shall arrange a schedule of interviews, meetings, and open forums that will assure a careful assessment of leadership and condition of the campus.

5.4. The governing board shall use the report of its committee, visiting team, or other body chosen by the governing board to assist in its own written evaluation of the president. The governing board’s evaluation shall be reported to the president of the institution, the Chancellor, and the Chair of the Commission.

5.5. The Chancellor shall provide the governing boards, upon request, with evaluative tools, guidelines, and procedures recommended for the assessment and evaluation of college and university presidents and provide any assistance requested by a governing board in performing the evaluations set out in this rule.

5.6. The governing board shall conduct a written evaluation at the end of the initial contract period. In addition to the formal and structured evaluation every three years and at the end of the initial contract period, the governing board shall conduct a written yearly evaluation of the president in a manner and form decided by the governing board.

5.7. The Commission shall not approve any request for an increase in compensation of a president prior to receiving an evaluation of that president for the year immediately preceding the requested increase.

Series 06 Higher Education Adult Part-Time Student (HEAPS) Grant Program

W. Va. Code R. § 133-6-1 General

1.1. Scope. -- This rule establishes guidelines and procedures which will direct the operation of the Higher Education Adult Part-time Student Grant Program, hereinafter referred to as HEAPS.

1.2. Authority. -- W. Va. Code §18C-5-7(e).

1.3. Filing Date. -- February 29, 2024.

1.4. Effective Date. -- March 29, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force of effect on August 1, 2029.

W. Va. Code R. § 133-6-2 Definitions

2.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-1-2 and 18C-5-7 apply to this rule in addition to the definitions set forth below:

2.2. “Free Application for Federal Student Aid” or “FAFSA” means the form provided by the U.S. Department of Education and completed by current and prospective college students to determine their eligibility for student financial aid.

2.3. “HEAPS Part-Time program” means the grant awarded to students who demonstrate financial need and who desire to continue their education at the postsecondary level on a part-time basis.

2.4. “HEAPS Workforce program” means the grant awarded to:

2.4.1. Students who demonstrate financial need and who are enrolled in short-term training programs of 12 months or less in a postsecondary certificate, industry-recognized credential, or other skill development programs in a demand occupation in the State; and

2.4.2. Community and technical colleges for noncredit and customized training programs.

2.5. “Part-time,” for the HEAPS Part-time Grant, means enrollment for not fewer than three nor more than 11 semester or term hours or the equivalent as determined by the Vice Chancellor. For the HEAPS Workforce Grant, “part-time” means enrollment on such basis as is established for the program in which the student is enrolled.

2.6. “Student Aid Index” (formerly known as Expected Family Contribution) means the number calculated by the U.S. Department of Education for Title IV federal student aid that helps determine how much financial aid a student could receive for the upcoming academic year.

2.7. “Title IV” means Title IV of the federal Higher Education Act of 1965, which covers the administration of the federal student financial aid programs.

2.8. “Vice Chancellor for Administration” or “Vice Chancellor” means the person whose duties and authorities related to the administration of financial aid programs is established by W. Va. Code § 18B-4-2 or his or her designee.

W. Va. Code R. § 133-6-3 Funding

3.1. For the HEAPS Part-time Grant, up to 65 percent of each year’s appropriation shall be allocated to eligible institutions as defined in W. Va. Code § 18C-5-7(b)(4) based on prior year part-time enrollment at said institutions. The Vice Chancellor shall distribute the pro-rated share of funds directly to the individual institution.

3.1.1. The Vice Chancellor for Administration may redistribute to eligible institutions uncommitted funds within an award year.

3.1.2. Any funds not expended by the institution at the end of each fiscal year shall be returned to the Vice Chancellor for Administration for distribution in subsequent years.

3.2. For the HEAPS Workforce Grant, the Vice Chancellor shall reserve not less than twenty-five percent of each year’s appropriation for distribution to students enrolled in postsecondary certificate, industry-recognized credential, and other skill development programs of study.

3.2.1. Eligible institutions offering eligible programs or courses that would like to participate in the HEAPS Workforce Grant must apply to the Vice Chancellor for Administration.

3.2.2. If the Vice Chancellor determines that it is not feasible to award twenty-five percent of the appropriation to the HEAPS Workforce Grant, then he or she may allocate less than twenty-five percent of funds to the HEAPS Workforce Grants after giving written notice to the Legislative Oversight Commission on Education Accountability.

3.3. The Vice Chancellor shall reserve ten percent of each year’s appropriation distribution to State community and technical colleges for the delivery of non-credit and customized training programs to assist in meeting training and skills upgrade needs of employers and further the economic development goals of the State.

3.3.1. Eligible programs for funding reimbursement are those that provide non-credit skill upgrade programs that complement West Virginia Development Office or West Virginia Department of Commerce initiatives for targeted industries or targeted employers, promote job creation or retention, or assist in developing skills for new economy jobs or high performance workplaces. The West Virginia Council for Community and Technical College Education, with input from the West Virginia Development Office or West Virginia Department of Commerce, will annually set programmatic funding priorities. Funding will flow to community and technical colleges for the delivery of programs based on a methodology approved by the West Virginia Council for Community and Technical College Education and will not be utilized for those activities for which funds are available from other sources.

3.4. Up to four percent of the amount appropriated each year may be used by the Higher Education Policy Commission for administration expenses and HEAPS information dissemination.

W. Va. Code R. § 133-6-4 Administration

4.1. Each participating institution shall determine whether a HEAPS Part-time Grant applicant meets the eligibility criteria set forth in this rule and distribute grant funds to students in accordance herewith.

4.2. The Vice Chancellor for Administration shall determine an appropriate process for distribution of funds allocated under Section 3.2. of this rule for the HEAPS Workforce Grant. This may include allocations to educational entities or awards to students.

W. Va. Code R. § 133-6-5 Eligibility Criteria

5.1. To assist an eligible institution in determining whether an applicant meets the eligibility criteria established in W. Va. Code § 18C-5-7(c), applicants must submit a completed FAFSA to the institution. Provided, That persons applying for HEAPS Workforce Grant funds to enroll in a postsecondary certificate, industry recognized credential, or other skill development program in a demand occupation may be required to submit an application form in addition to the FAFSA as approved by the Vice Chancellor for Administration.

5.2. Determination of financial need:

5.2.1. Financial need is defined as cost of education as determined by the institution less Student Aid Index (SAI).

5.2.2. Institutional financial aid officers may determine, using professional judgment under Title IV, whether the applicant has any personal hardship that should be taken into consideration in determining the applicant’s eligibility.

5.3. Determination of satisfactory progress:

5.3.1. “Satisfactory progress” for a first time award means being accepted for enrollment by the institution the applicant plans to attend.

5.3.2. For the HEAPS Part-time Grant, “satisfactory progress” for a student already enrolled in an institution means a recipient must maintain a cumulative grade point average of at least 2.0 on a 4.0 scale or its equivalent for the courses taken after a receipt of the Grant and meet the academic progress requirements of the institution he or she is attending.

5.3.3. For the HEAPS Workforce Grant, “satisfactory progress” means continuous advancement toward completion of the program on the normal schedule established for that program.

5.4. Renewal:

5.4.1. For the HEAPS Part-time Grant, the institution may renew the grant until the student completes the program of study, but may not exceed an additional nine years beyond the first year of the award.

5.4.2. For the HEAPS Workforce Grant, the institution may renew the grant up to four years so long as the renewed grant is for the student to complete a different program than the program for which the grant was originally awarded.

W. Va. Code R. § 133-6-6 Additional Programs and Courses

6.1. In addition to the eligible programs and courses described in W. Va. Code § 18C-5-7, the Council for Community and Technical College Education may approve additional courses or programs for grant funding based on industry need.

6.2. For the HEAPS Workforce Grant, the Council shall identify “demand occupations”, as that term is defined in W. Va. Code § 18C-5-7, and prepare and update annually a list of occupations it determines meet the requirements of this definition.

6.3. The Council shall also approve “skill development programs,” as defined in W. Va. Code § 18C-5-7.

W. Va. Code R. § 133-6-7 Amount of Grant

7.1. The HEAPS Part-time Grant award for a student enrolled in an approved institution of higher education as defined in W. Va. Code § 18C-5-2 shall be based upon the actual cost of tuition and fees.

7.2. For students enrolled in any other eligible institution, program, or course, the HEAPS Part-time award shall be no greater than the average amount charged for comparable training at institutions designated in Section 7.1.

7.3. The maximum amount of the HEAPS Workforce Grant shall be set by the Higher Education Policy Commission and based upon available funding and the workforce demands of the State.

7.4. For the HEAPS Part-time Grant, total aid may not exceed the recipient’s total cost of education as defined by the institution being attended.

7.5. For the HEAPS Workforce Grant, total aid may not exceed the direct cost of the student’s academic program.

W. Va. Code R. § 133-6-8 Agreement to Participate and Reports

8.1. In order for an institution to participate in the HEAPS Grant Programs, the president or the president’s designee and the financial aid officer of the institution shall sign an agreement to participate. This agreement will outline duties of the institutions, including, but not limited to:

8.1.1. Developing policies and procedures for the operation of the HEAPS Grant Programs, covering at a minimum:

8.1.1.a. Methods to determine if students meet the eligibility criteria for a HEAPS award;

8.1.1.b. Guidelines for distribution of grant funds when such funds are insufficient to make distributions to all eligible applicants;

8.1.1.c. Delivering awards to eligible students;

8.1.1.d. Reporting the number of students who participated in the HEAPS-Part-time program and who participated in the HEAPS Workforce program (for determining fund distribution for the coming year). The institutions shall report this information on a form and within a deadline prescribed by the Vice Chancellor for Administration;

8.1.1.e. Reporting annually the number of HEAPS Part-time and HEAPS Workforce awards made, the total amount of dollars awarded, and such other information as is requested by the Vice Chancellor for Administration. The institutions shall report this information on a form and within a deadline prescribed by the Vice Chancellor for Administration.

8.2. The Vice Chancellor for Administration shall prepare an annual report on the status of the HEAPS Grant Program and present it to the Legislative Oversight Commission on Education Accountability no later than December 1 of each year.

W. Va. Code R. § 133-6-9 Audits; Grant Withdrawal and Penalty; Unexpended Funds

9.1. Participating institutions are subject to such audits and program reviews as may be required by the Vice Chancellor for Administration.

9.2. The Vice Chancellor reserves the right to withdraw a grant from an institution or deny future grant applications upon determination of the institution’s unsatisfactory compliance with either this rule or the specifications of the grant application.

9.3. An institution shall reimburse to the Vice Chancellor the total sum of a grant not properly used or accounted for pursuant to this rule.

9.4. An institution shall return any unexpended funds remaining at the end of the academic year to the Vice Chancellor.

Series 07 West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program

W. Va. Code R. § 133-7-1 General

1.1. Scope. -- This rule establishes guidelines and procedures for achieving and maintaining eligibility for the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence Scholarship Program, hereinafter referred to as PROMISE.

1.2. Authority. -- West Virginia Code §18B-1-6 and §18C-7-6.

1.3. Filing Date. – February 29, 2024.

1.4. Effective Date. – March 29, 2024.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 133-7-2 Eligibility of High School Graduates for Initial Award

2.1. To be eligible for an initial PROMISE Scholarship, a high school applicant shall be eligible for the award both at the time of application and at the time of receipt of the award by meeting all criteria outlined in this rule at the time of application and award; and

2.1.1. Shall complete graduation requirements at a West Virginia high school, as defined in Section 16 below, unless he or she qualified as a military dependent under Section 5 of this rule or has commuted to an out-of-state high school pursuant to Section 6 of this rule; and

2.1.2. Shall complete at least one-half of the credits required for graduation through attendance at a high school in this State, unless he or she qualified as a military dependent under Section 5 of this rule or has commuted to an out-of-state school pursuant to Section 6 of this rule; and

2.1.3. Shall apply for the scholarship within two years of graduation from high school or within two years of obtaining a GED or equivalent unless the applicant entered the United States Armed Services pursuant to Section 4 of this rule; and

2.1.4. Shall have attained a cumulative grade point average of at least 3.0 on a 4.0 scale, based on high school grading policies, in both core courses and overall coursework required for graduation by the State Board or the appropriate person at the applicant’s high school, while enrolled in a high school; and

2.1.5. Shall meet standardized test score criteria on an ACT or SAT national test as established by the Commission; and

2.1.6. The applicant and his or her parent or legal guardian shall have resided in West Virginia continuously for a minimum of 12 consecutive months immediately preceding the final date of application for a PROMISE Scholarship, unless the applicant or the applicant’s parent or legal guardian was, at all relevant times, a member of the United States Armed Services pursuant to Section 4 of this rule or a military dependent pursuant to Section 5 of this rule, and be a United States citizen, a U.S. permanent resident, or an eligible non-citizen who meets the residency requirements for Federal Student Aid; and

2.1.7. Shall submit both the Free Application for Federal Student Aid and any application form required by the Commission by the deadline established by the Commission; Provided, That any student who misses the deadline for application may apply by a later date established by the Commission for a spring semester award. This option is contingent upon the availability of funding for late awards.

2.2. The applicant’s high school shall determine the grade point average required by Subsection 2.4.1. of this rule at the end of the applicant’s sixth high school semester. However, the high school may determine the final calculation of the grade point average and eligibility for the award as late as after the eighth semester.

2.3. The applicant’s high school may use weighted grades in the computation of an applicant’s core and overall grade point average based on the high school’s grading policies.

2.4. An applicant who was deemed eligible for a PROMISE award shall enroll for the first regularly scheduled enrollment period after being selected unless granted a leave of absence pursuant to Section 9.6. and 9.7. below.

2.5. An applicant who was deemed eligible for a PROMISE award but elects not to enroll at an eligible institution may regain eligibility if he or she discontinues enrollment at the ineligible institution no later than one academic year after high school graduation and re-enrolls at an eligible institution. The re-enrolling student shall meet the eligibility standards for a PROMISE award renewal set out in Section 9 of this rule.

2.6. Only full-time, first-year students are eligible to receive initial awards. Students already enrolled at a higher education institution are not eligible to apply for a PROMISE award except as provided in Subsection 2.1.7. above.

W. Va. Code R. § 133-7-3 Eligibility for Graduates of Alternative Educational Programs

3.1. Upon approval of the Vice Chancellor, an applicant who successfully completed an alternative educational program, such as the Mountaineer Challenge Academy, is eligible for a PROMISE award if he or she has passed a State Board approved high school equivalency examination with a minimum score determined by the Commission.

3.2. An applicant from an alternative education program shall apply for a PROMISE award within two years of passing a State Board approved high school equivalency examination or the date the applicant’s home high school class graduated, whichever is earlier, and meet all other criteria established by the Commission at the time of application, including required scores on national standardized tests.

3.3. The parents or legal guardian and the applicant shall meet the residency requirements set out in Section 2 of this rule.

3.4. A student passing a State Board approved high school equivalency examination under other exceptional circumstances may appeal for scholarship consideration under the provisions of Section 13 of this rule.

W. Va. Code R. § 133-7-4 Eligibility of Veterans of Armed Services

4.1. A person who entered full-time, active duty with the United States Armed Services within two years of graduating from high school or obtaining a GED or equivalent and is discharged with a status other than dishonorable is eligible to apply for and receive a PROMISE award within seven years of the time he or she initially entered military service. However, this eligibility ends one year after discharge from military service.

4.2. The applicant shall, at the time of the application, meet all other criteria established by the Commission for eligible high school graduates, including high school grade point average and required scores on national standardized tests.

4.3. The applicant shall meet the residency requirements set out in Section 2 of this rule, or have entered military service from this State, and not have established domicile in another state at any time during that military service.

4.4. A student attending a United States military academy is eligible for a PROMISE award if he or she leaves the military academy and meets the requirements of Section 2 of this rule.

W. Va. Code R. § 133-7-5 Eligibility of Military Dependents

5.1. The Commission shall waive the credit hour and residency requirements established in Section 2 of this rule if:

5.1.1. The applicant both resided in a state other than West Virginia and attended high school in another state or in a United States territory, United States possession, or foreign country; and

5.1.2. Resided with his or her parent or legal guardian; and

5.1.3. The applicant’s parent or legal guardian served in the United States Armed Forces while the student attended high school in another state, a United States territory or possession or a foreign country; and

5.1.4. The parent or legal guardian was stationed for military purposes in another state, a United States territory or possession, or a foreign country; and

5.1.5. The parent or legal guardian maintained legal residence in West Virginia while stationed in another state, a United States territory or possession or a foreign country.

W. Va. Code R. § 133-7-6 Eligibility of Commuting Resident Students Attending High School Out-of-State

6.1. The Commission shall waive the credit hour requirements in Section 2 of this rule if:

6.1.1. The applicant resided with his or her parent or legal guardian full time in West Virginia while attending high school in another state; and

6.1.2. The parent or legal guardian and the applicant meet the residency requirements set out in Section 2 of this rule; and

6.1.3. The applicant commuted from and returned to West Virginia on a daily basis while attending the out-of-state high school; Provided, That overnight school activities or social activities or visitation with a noncustodial parent in another state may not vitiate an applicant’s residency status: Provided, however, That in order to meet the residency requirements of this rule, an applicant and his or her parent or legal guardian must reside, both physically and legally, in West Virginia; and

6.1.4. The applicant was a dependent of the parent or legal guardian with whom he or she resided in West Virginia; and

6.1.5. The applicant has not established domicile in another state; and

6.1.6. The high school’s curriculum requirements for graduation are equivalent, or sufficiently similar to, those required for high school graduation in this State.

W. Va. Code R. § 133-7-7 [Reserved]

W. Va. Code R. § 133-7-8 Awards

8.1. Recipients of a PROMISE Scholarship shall receive an award equal to the lesser of the actual amount of tuition and mandatory fees for resident students at the home institution or an amount determined by the Commission based on the availability of adequate funding; Provided, That in no event shall the amount of the award be greater than the actual cost of tuition and mandatory fees charged by the home institution.

8.2. The Commission may award PROMISE for summer school. To be eligible for a summer award, an applicant shall be academically eligible for PROMISE continuation at the end of the spring semester preceding the summer term for which the applicant is applying. Any summer award under this section is dependent upon the availability of funds as determined by the Commission.

8.2.1. Priority for summer awards shall be based on class rank, with the highest priority given to recipients closest to graduation.

8.2.2. Recipients, other than those graduating at the end of the summer term of enrollment, shall be enrolled for at least 12 credit hours unless the Commission grants a waiver of the full-time.

8.2.3. A summer award counts as a semester of utilization toward the maximum number of available semesters.

W. Va. Code R. § 133-7-9 Eligibility for Renewal of Awards

9.1. For a recipient to retain or renew the PROMISE award each year, the recipient shall:

9.1.1. Be continuously enrolled as a full-time undergraduate student; Provided, That during the last academic year of scholarship eligibility or if the institution does not offer enough degree pursuant courses during a term to allow the recipient to be considered full-time, the recipient may be enrolled less than full-time and remain eligible for renewal; and

9.1.2. Maintain at least a 2.75 grade point average on a 4.0 scale by the end of each academic year; and

9.1.3. Complete and earn a minimum of 30 credit hours in each academic year for a recipient who receives a two-semester award in an academic year. For a single-semester award, the recipient shall complete and earn a minimum of 15 credit hours in the academic year.

9.1.3.a. Upon approval of the home institution, the recipient may use College-Level Examination Program (CLEP) credits to meet the minimum credit hours requirement.

9.1.3.b. For calculating renewal, the academic year begins with the fall semester and ends with the summer semester.

9.1.4. If the recipient’s home institution does not offer enough degree pursuant courses during the academic year to allow the recipient to meet the credit hour requirement of this subsection, the recipient remains eligible for renewal of the PROMISE award if he or she successfully completes all available degree pursuant courses during the home institution’s regular terms in the academic year, excluding the summer term, and meets all other renewal requirements set forth in this rule.

9.2. A recipient seeking an associate’s degree is eligible to receive a PROMISE award for no more than a total of four semesters of a two-year degree program. Recipients who received a PROMISE award to obtain an associate’s degree shall meet the renewal requirements of this section in order to receive a PROMISE award to pursue a bachelor’s degree.

9.3. A recipient seeking a baccalaureate degree is eligible to receive a PROMISE award for no more than eight semesters of a four-year degree program.

9.4. A recipient enrolled in a summer term to attain the minimum credit hours required by Subsection 9.1.3. or achieve the grade point average required by Subsection 9.1.2. may not receive a PROMISE award for that summer term. The recipient shall successfully complete the summer term before commencement of the home institution’s regular semester. Upon approval of the recipient’s home institution, the recipient may obtain summer term credits from an out-of-state institution.

9.4.1. In determining PROMISE Scholarship eligibility, eligible institutions shall count all college credit hours and corresponding grades regardless of whether or not the institution accepts these credits. In determining eligibility for PROMISE renewal, eligible institutions may not count toward the credit hour requirement any college credit hours the recipient earned prior to the first semester of fall or spring enrollment.

9.5. PROMISE recipients shall maintain continuous enrollment in addition to the other renewal requirements set forth in this section. However, a home institution may waive this requirement for a recipient’s medical or family bereavement absence consistent with the home institution’s program policies. The home institution may also grant a leave of absence for students entering or being called to military active duty or enrolling in a study abroad program, internship, or co-op program.

9.6. Recipients shall submit other requests for leaves of absence in writing to the Vice Chancellor. “Other leave of absence requests” include, but are not limited to, issues directly related to the recipient’s educational program, study abroad, extreme financial hardships of the recipient or the recipient’s immediate family, service or volunteerism, or other extraordinary circumstances beyond the recipient’s control when continued attendance would result in substantial hardship for the recipient.

9.7. A recipient granted a leave of absence pursuant to Section 9.5. or 9.6. above and who resumes his or her education at an eligible institution, assuming he or she meets all other eligibility requirements at the time the leave of absence was granted, shall retain PROMISE eligibility until any of the following occurs:

9.7.1. The recipient received four semesters of PROMISE while enrolled in an associate degree program or graduated from the associate degree program; or

9.7.2. The recipient received eight semesters of PROMISE while enrolled in an associate or baccalaureate program or graduated from the baccalaureate degree program; or

9.7.3. The sum of the number of academic years from the date of the recipient’s selection as a PROMISE Scholarship recipient equals six years, except for the military service provisions of Section 4.

W. Va. Code R. § 133-7-10 Duty of PROMISE Recipient Graduates

10.1. By accepting a PROMISE award, the recipient agrees to provide any information the Commission may request regarding the recipient’s address after graduation, employment after graduation, whether and where the recipient is enrolled in post-graduate programs, and other relevant information as the Commission may deem necessary to assess the effectiveness of the PROMISE Scholarship Program.

W. Va. Code R. § 133-7-11 Community Service for Applicants

11.1. Applicants for and recipients of PROMISE awards are strongly urged to perform at least 20 hours of unpaid community service while in high school and college. The community service may include, but is not limited to, participation with non-profit, governmental, institutional, or community-based organizations designed to improve the quality of life for community residents, meet the needs of community residents, or foster civic responsibility.

W. Va. Code R. § 133-7-12 Coordination with Other Financial Aid

12.1. Eligible institutions and recipients shall coordinate PROMISE Scholarship awards with other financial aid and grant programs in the following manner:

12.1.1. Eligible institutions and recipients shall use PROMISE awards in a manner that maximizes federal scholarship and grant funding (e.g. Pell Grant). Eligible institutions may not administer their PROMISE programs in a manner that would result in the loss of federal grant or scholarship funds to a recipient or to the State of West Virginia.

12.1.2. Eligible institutions and recipients shall use PROMISE Scholarship awards only for tuition and fees.

12.2. Eligible institutions shall allow maximum flexibility in the use of institution-based financial aid awards so that they can be used in conjunction with the PROMISE award. The amount of a PROMISE award in combination with student financial aid from all other sources may not exceed the cost of attendance at the recipient’s home institution. This restriction does not apply to members of the West Virginia National Guard.

12.3. For recipients eligible for federal grant assistance, such as the Federal Pell Grant, the federal assistance shall be considered the first source of all scholarship or grant funding to the extent permissible under federal law. For recipients awarded both a PROMISE Scholarship and a need-based grant through the West Virginia Higher Education Grant Program, the PROMISE Scholarship awards shall be considered the first source for these two programs. Eligible institutions and recipients may combine West Virginia Higher Education Grants with PROMISE awards as provided for in this rule and the West Virginia Higher Education Grant Program rule, 133 C.S.R. 42.

12.4. Should the PROMISE Scholarship award plus the amount of other financial awards exceed the cost of attendance, the home institution’s financial aid administrator, in consultation with the recipient, shall determine what aid is to be reduced. This adjustment shall be to the best advantage of the recipient.

12.5. If a PROMISE recipient terminates enrollment for any reason during the academic year, the home institution shall return the unused portion of the scholarship to the Commission in accordance with the Commission’s policy for issuing student financial aid refunds. If the recipient also received federal financial aid, the home institution shall abide by the refund policy associated with Title IV funds. The home institution is responsible for returning the unused portion of the scholarship even if the recipient does not request a refund from the home institution.

W. Va. Code R. § 133-7-13 Appeals

13.1. An applicant may appeal in writing to the Vice Chancellor the denial of an application for an initial or renewal award of a PROMISE Scholarship within 15 days of receiving notification of the decision. The Vice Chancellor shall issue a written decision upholding or reversing the initial decision within 15 days of receipt of the appeal. The Vice Chancellor’s decision is final.

13.2. The Vice Chancellor shall refer to the home institution any appeal of a decision concerning satisfactory academic progress that relates to grade earned or credit hour completion for resolution consistent with the home institution’s procedures established for that purpose.

W. Va. Code R. § 133-7-14 Reports

14.1. The Commission shall report findings about recipients of the scholarships each year to the Legislative Oversight Commission on Education Accountability. Such report shall include the following:

14.1.1. Information on the recipients’ demographics including race, income, and other variables gathered by the Commission;

14.1.2. Information on recipients who graduate from college in West Virginia and continue to live in West Virginia after graduation, obtain employment in West Virginia after graduation, and enroll in post-graduate education programs; and

14.1.3. Any other information deemed necessary by the Commission to assess the effectiveness of the PROMISE Scholarship Program.

W. Va. Code R. § 133-7-15 Accounting, Reporting, and Auditing Requirements

15.1. Before the end of each fiscal year, each institution’s financial aid office shall reconcile its PROMISE Scholarship records with:

15.1.1. The Commission’s records of PROMISE Scholarship awards and disbursements; and

15.1.2. The institution’s business office records of PROMISE Scholarship disbursements.

15.2. All participating institutions are subject to financial aid audits.

W. Va. Code R. § 133-7-16 Definitions

16.1. Unless the context in which used clearly requires a different meaning, the definitions contained in §§ 18B-1-2 and 18C-7-3 apply to this rule in addition to the definitions set forth below.

16.2. “Applicant” means a student who has applied for an initial award or renewal reward of a PROMISE Scholarship, but has not yet been awarded the scholarship.

16.3. “Commission” means the West Virginia Higher Education Policy Commission as defined in W. Va. Code § 18B-1-2.

16.4. “Degree pursuant courses” means those classes prescribed by the course program of study that are required to earn a degree in the recipient’s chosen field.

16.5. “Dependent student” means a student who is required to provide parental information on the Free Application for Federal Student Aid because the student does not meet the criteria established by the U.S. Department of Education to be classified as an independent student.

16.6. “High school” includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

16.7. “Home institution” means the eligible institution, as defined in W. Va. Code § 18C-7-3, attended by the recipient of a PROMISE Scholarship.

16.8. “Recipient” means a person who has been awarded a PROMISE Scholarship in accordance with W. Va. Code § 18C-7-1, et seq. and this rule.

16.9. “State Board” means the State Board of Education created by W. Va. Const. Art. XII, § 2 and defined in W. Va. Code § 18-1-1.

16.10. “Title IV” means the section of the federal Higher Education Act of 1965, as amended, that pertains to federal student financial aid programs.

16.11. “Vice Chancellor” means the Vice Chancellor for Administration, who is statutorily charged with administrating the State’s student financial aid programs, or his or her designee.

Series 09 Academic Freedom, Professional Responsibility, Promotion And Tenure

W. Va. Code R. § 133-9-1 General

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

W. Va. Code R. § 133-9-2 Academic Freedom and Professional Responsibility

2.1. Academic freedom at public institutions of higher education in West Virginia under the jurisdiction of the Higher Education Policy Commission is necessary to enable the institutions to perform their societal obligation as established by the Legislature. The Commission recognizes that the vigilant protection of constitutional freedoms is nowhere more vital than in the institutions under its jurisdiction. Faculty members and students must always remain free to inquire, study, and evaluate.

2.2. Through the exercise of academic freedom, members of the academic community freely study, discuss, investigate, teach, conduct research, and publish, depending upon their particular role at the institution. To all of those members of the academic community who enjoy academic freedom, there are, commensurate with such freedom, certain responsibilities. All faculty members shall be entitled to full freedom in research and in the publication of the results of such research, subject to the adequate performance of their other academic duties, which may include designated instruction, research, extension service, and other professional duties. Activity for pecuniary return that interferes with one's obligations to the institution should be based upon an understanding, reached before the work is performed, with the authorities of the institution. Further, each faculty member is entitled to freedom in the classroom in discussing the subject taught. In addition, when faculty members speak or write as citizens outside the institution, they shall be free from institutional censorship or discipline.

2.3. The concept of academic freedom is accompanied by an equally important concept of academic responsibility. The faculty member at a public institution of higher education in West Virginia is a citizen, a member of a learned profession, and a representative of an educational institution. As such, a faculty member, together with all other members of the academic community, has the responsibility for protecting, defending, and promoting individual academic freedom for all members of the community. The faculty member has the responsibility of contributing to institutional and departmental missions in teaching, research, and service as defined by the institution. The faculty member is responsible also as a teacher for striving to speak with accuracy and with respect for the similar rights and responsibilities of others. In speaking only as an individual or for a limited group, the faculty member should not imply or claim to be a spokesperson for the institution in which he or she holds an appointment.

2.4. In addition to meeting the primary responsibilities of addressing institutional missions in teaching, research, and service as defined by the institution, all faculty have an obligation to foster the quality, viability, and necessity of their programs. The financial stability of a program and recruitment of an adequate number of students depend in part on the faculty. The common goal of quality must be nurtured and responsibility for it shared by all. Integrity, objectivity, and service to the purposes and missions of the institution are expected.

2.5. Faculty interests and skills change, disciplines evolve, and new professions or fields of study emerge. All faculty members are responsible for remaining current in their disciplines. All are encouraged to explore opportunities for further developing a versatile range of knowledge and skills that are important to the institution. Through individual initiative and faculty development programs, faculty members are encouraged to grow in competency in their own disciplines and strengthen their interests in related fields.

2.6. As members of an academic community, faculty members also are expected to participate in decisions concerning programs and in program-review processes.

W. Va. Code R. § 133-9-3 Faculty: Ranks and Definitions

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.

3.2.2. Tenure-Track: Those faculty members who have been appointed on a full-time (1.00 FTE or the equivalent, as determined by the institution) basis and have been designated as being in a tenure-track position.

3.2.2.1. Under special circumstances, if requested by the faculty member and approved, a full-time tenure-track appointment may be converted to a part-time tenure-track appointment for a specified time period, normally not to exceed one calendar year. At the conclusion of the approved time period or extension thereof, the faculty member will return to a full-time tenure-track appointment or, if the faculty member chooses not to return to a full-time tenure-track appointment, the faculty member's employment will cease. Time spent in a part-time tenure-track appointment will not normally apply to the calculation of the years of service for the purposes of tenure nor will it result in any de facto award of tenure.

3.2.3. Clinical-Track: Those faculty members who have been appointed and have been designated as being in a clinical-track position. Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time.

3.2.4. Librarian-Track: Those faculty members who have been appointed and have been designated as being in a librarian-track position. Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time.

3.2.5. Term: Those faculty members at universities and other four-year institutions and who have been appointed as instructional faculty for a specified term as defined by the institution. The appointment shall be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time. While a full-time term faculty member is eligible to receive reappointment to additional terms, no single term may exceed three years. No number of term appointments shall create any presumption of a right to appointment as tenure-track or tenured faculty. Such full-time appointments will not exceed ten percent of the total number of full-time faculty at the institution.

3.2.6. Non-tenure-Track: Those faculty members who have not been appointed in a tenure-track, clinical-track, librarian-track, term, or tenured status. Their appointment may be full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time. Non-tenure-track faculty may also include faculty equivalents or academic professionals, whose primary duties are non-instructional, but who may hold a secondary appointment that is instructional in character. No number of Non-tenure-track appointments shall create any presumption of a right to appointment as tenure-track or tenured faculty.

3.3. Faculty appointed to tenured, tenure-track, or term positions at any institution shall be appointed in one of the following ranks:

3.3.1. Professor;

3.3.2. Associate Professor;

3.3.3. Assistant Professor; or

3.3.4. Instructor

3.4. Faculty appointed to clinical-track positions at any institution may be appointed to one of the following ranks:

3.4.1. Professor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN);

3.4.2. Associate Professor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN);

3.4.3. Assistant Professor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN); or

3.4.4. Instructor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN)

3.5. Faculty appointed to librarian-track positions at any institution may be appointed to one of the following ranks:

3.5.1. Librarian or Professor/Librarian;

3.5.2. Associate Librarian or Associate Professor/Librarian;

3.5.3. Assistant Librarian or Assistant Professor/Librarian; or

3.5.4. Staff Librarian or Instructor/Librarian

3.6. Clinical-track, librarian-track, and term faculty hold appointments that are not subject to consideration for tenure, regardless of the number, nature, or time accumulated in such appointments. Clinical-track, librarian-track, and term faculty appointments are 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.

3.7. Additional ranks are permitted at West Virginia University and West Virginia State College through the use of the title prefix designation "extension;" such additional ranks are excluded from and in addition to those ranks covered by the provisions of the West Virginia Code.

3.8. Other appropriate titles which more accurately indicate the nature of the position may be used.

3.9. Persons assigned full-time or part-time to administrative or staff duties at any institution may be appointed to, or may retain, one of the foregoing faculty ranks in addition to any administrative or staff title, following consultation with appropriate academic units. Such persons will be informed in writing at the time of the appointment whether the faculty rank is as a tenured, tenure-track, clinical-track, librarian-track, term, or non-tenure-track member of the faculty. Administrative or staff personnel who are not appointed to a faculty position are not faculty and therefore are not entitled to the protections provided by this policy.

3.10. Clinical-track, librarian-track, term, and Non-tenure-track faculty at all institutions hold non-tenurable appointments which may be part-time or full-time and are not subject to consideration for tenure, regardless of the number, nature, or time accumulated in such appointments. These appointments are for a specified period of time as set forth in the notice of appointment. Since the faculty member thus appointed is not on the tenure track, the notice provisions set out in Section 10.5 below do not apply.

3.11. Non-tenure-track appointments shall have one of the following titles:

3.11.1. Any of the faculty ranks, but designated visiting, research, clinical, extension, or adjunct, as applicable to describe the connection or function;

3.11.2. Lecturer or senior lecturer;

3.11.3. Assistant, designated as graduate, research, clinical, or adjunct, as applicable to describe the connection or function.

3.12. Non-tenure-track full-time (1.00 FTE or the equivalent, as determined by the institution) faculty appointments may be used only if one or more of the following conditions prevail:

3.12.1. The position is funded by a grant, contract, or other source that is not a part of the regular and on-going source of operational funding.

3.12.2. The appointment is for the temporary replacement of an individual on sabbatical or other leave of absence. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed three years.

3.12.3. The appointment is for the purpose of filling an essential teaching post immediately, pending a permanent appointment through a regular search and screening process. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed three years.

3.12.4. The position is temporary to meet transient instructional needs, to maintain sufficient instructional flexibility in order to respond to changing demand for courses taught, or to meet other institutional needs. The appointee is to be so notified at the time of the appointment. Such appointments are outside tenure-track status, are subject to annual renewal, and normally may not exceed six years.

3.12.5. The appointee is granted a primary appointment as an administrator or to perform other non-instructional duties, with a secondary appointment that is instructional in character. Any faculty rank or teaching would be considered temporary, renewable on an annual basis. The appointee must be notified in writing of the status of any faculty rank.

3.12.6. Appointment or reappointment to a Non-tenure-track full-time faculty position shall create no right or expectation of continued appointment beyond the one-year period of appointment or reappointment.

3.13. The institution shall make all tenured, tenure-track, clinical-track, librarian-track, term, and Non-tenure-track appointments after consultation with appropriate faculty and other collegiate units.

3.14. Every faculty contract at any institution shall be for one fiscal year, or part thereof, in accordance with and in compliance with the annual budget of the institution, or supplementary actions thereto, as provided by law.

3.15. Every such contract shall be in writing, and a copy of the document shall be furnished to the person appointed. Such document shall contain the terms and conditions of the appointment, as delineated in Section 17 of this policy.

W. Va. Code R. § 133-9-4 Faculty: Types and Conditions of Appointment

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.

4.4. If the status of a faculty member changes from Non-tenure-track, clinical-track, librarian-track, or term to tenure-track, the time spent at the institution may, at the discretion of the institution, be counted as part of the tenure-track period.

W. Va. Code R. § 133-9-5 Joint Institutional Appointments

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."

W. Va. Code R. § 133-9-6 Emeritus Status

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.

W. Va. Code R. § 133-9-7 Promotion in Rank

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.

7.2. Promotion shall not be granted automatically, but shall result from action by the institution, following consultation with the appropriate academic units.

W. Va. Code R. § 133-9-8 Faculty Resignations

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.

W. Va. Code R. § 133-9-9 Tenure

9.1. Tenure is designed to ensure academic freedom and to provide professional stability for the experienced faculty member. It is a means of protection against the capricious dismissal of an individual who has served faithfully and well in the academic community. Continuous self-evaluation, as well as regular evaluation by peer and administrative personnel, is essential to the viability of the tenure system. Tenure should never be permitted to mask irresponsibility, mediocrity, or deliberate refusal to meet academic requirements or professional duties and responsibilities. Tenure applies to those faculty members who qualify for it and is a means of making the profession attractive to persons of ability. There shall be demonstrated evidence that tenure is based upon a wide range of criteria such as: excellence in teaching; publications and research; professional and scholarly activity and recognition; accessibility to students; adherence to professional standards of conduct; effective service to the institution, college and 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 tenure shall rest with the institution.

9.2. In making tenure decisions, careful consideration shall be given to the tenure profile of the institution, projected enrollment patterns, staffing needs of the institution, current and projected mission of each department/division, specific academic competence of the faculty member, and preservation of opportunities for infusion of new talent. The institution shall be mindful of the dangers of losing internal flexibility and institutional accountability to the citizens of the State as the result of an overly tenured faculty.

9.3. For community and technical colleges, in order to be fully responsive to the changing needs of their students and clients, the goal in the appointment of faculty is to limit the number of tenured and tenure-track faculty to no more than twenty percent of full-time faculty employed by the respective community and technical college.

9.3.1. At community and technical colleges, full-time term faculty are eligible for reappointment, although no number of appointments shall create any presumption of the right to appointment as tenure-track or tenured faculty. A single appointment shall not exceed three years.

9.3.2. The employment standing of tenured and tenure-track faculty holding appointment at each of the community and technical colleges at the time of the implementation of this policy shall not be affected.

9.4. Tenure shall not be granted automatically, or solely because of length of service, but shall result from action by the institution, following consultation with appropriate academic units.

9.5. Tenure may be granted at the time of the appointment by the institution, following consultation with appropriate academic units.

9.6. Tenure may be attained only by faculty who hold the rank of Assistant Professor or above.

9.7. A faculty member who has been granted tenure shall receive yearly renewals of appointment unless dismissed or terminated for reasons set out in Sections 12, 13, or 14 below.

W. Va. Code R. § 133-9-10 Tenure-Track Status

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.

10.4. During the tenure-track period, contracts shall be issued on a year-to-year basis, and appointments may be terminated at the end of the contract year. During said tenure-track period, notices of non-reappointment may be issued for any reason that is not arbitrary, capricious, or without factual basis. Any documented information relating to the decision for non-retention or dismissal shall be provided promptly to the faculty member upon request.

10.5. For those appointed on or before March 8, 2003 after the decision regarding retention or non-retention for the ensuing year has been made by the institution’s president or designee, the tenure-track faculty member shall be notified in writing of the decision:

10.5.1. By letter post-marked and mailed no later than December 15 of the second academic year of service; and

10.5.2. By letter post-marked and mailed at least one year before the expiration of an appointment after two or more years of service in the institution.

10.6. For those appointed after March 8, 2003, after the decision regarding retention or non-retention for the ensuing year has been made by the institution’s president or designee, the tenure-track faculty member shall be notified in writing of the decision by letter post-marked and mailed no later than March 1.

10.7. Notice of non-retention shall be mailed “Certified Mail-Return Receipt Requested.

10.8. Failure to provide timely notice of non-retention to tenure-track faculty would lead to the offer of renewal of appointment for an additional year, but would not prejudge further continuation after that additional year.

10.9. Faculty appointed at times other than the beginning of the academic year may choose to have those periods of appointment equal to or greater than half an academic year considered as a full year for tenure purposes only. Tenure-track appointments for less than half an academic year may not be considered time in probationary status.

10.10. Following receipt of the notice of non-retention, the faculty member may appeal such non-retention decision by requesting a statement of reasons and then filing a grievance as provided in Section 15 of this policy. The request for a statement of reasons shall be in writing and mailed to the president or designee within ten working days of receipt of the notice of non-retention.

W. Va. Code R. § 133-9-11 Faculty Evaluation

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.

W. Va. Code R. § 133-9-12 Dismissal

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.

12.2. Notice of Dismissal for Cause: The institution shall initiate proceedings by giving the faculty member a written dismissal notice by certified mail, return receipt requested, which dismissal notice shall contain:

12.2.1. Full and complete statements of the charge or charges relied upon; and

12.2.2. A description of the appeal process available to the faculty member.

12.3. Prior to giving the faculty member a written dismissal notice, the institution shall notify the faculty member of the intent to give the written dismissal notice, the reasons for the dismissal, and the effective date of the dismissal. The faculty member shall have an opportunity to meet with the institutional designee prior to the effective date to refute the charges.

12.4. Faculty who refuse to sign or execute an offered annual contract or notice of appointment or reappointment by the date indicated by the institution for its execution, or who fail to undertake the duties under such document at a reasonable time, shall be deemed to have abandoned their employment with the institution and any rights to tenure or future appointment. Faculty objecting to terms of such document do not waive their objections to such terms by signing or executing the document.

W. Va. Code R. § 133-9-13 Termination Because of Reduction or Discontinuance of an Existing Program

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.

13.2. Institutional policy for accommodating major reduction in, or discontinuance of, an existing program 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.

13.3. Notice of Non-retention Because of Program Reduction or Discontinuance: The institution shall initiate proceedings by giving a faculty member written notice of such non-retention by certified mail, return receipt requested.

13.4. The dates of formal notification for tenured and tenure-track faculty shall be those specified in Section 10 of this policy.

W. Va. Code R. § 133-9-14 Termination Due to Financial Exigency

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.

14.3. To the extent financially feasible, the dates of formal notification for tenured and tenure-track faculty shall be those specified in Section 10 of this policy.

W. Va. Code R. § 133-9-15 Faculty Grievance Procedure

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.

W. Va. Code R. § 133-9-16 Informal Procedures for Conflict Resolution

16.1. Each institution may provide alternative procedures to those set out in West Virginia Code '6C-2 for the resolution of conflicts.

W. Va. Code R. § 133-9-17 Notification of Terms and Conditions of Faculty Appointments

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.

17.2. The letter of appointment or contract should state the following:

17.2.1. That the appointment (to the specified position) is offered in accordance with the provisions of institutional policy, and (if applicable) of the institution's faculty handbook or other publication.

17.2.2. That the appointment is tenured, tenure-track, clinical-track, librarian-track, term, or Non-tenure-track as defined in this policy.

17.2.3. That the rank (in case of a tenured, clinical-track, term, or tenure-track appointment) is Professor, Associate Professor, Assistant Professor, or Instructor, including a clinical-track designation, as appropriate, or

17.2.4. That the rank (in case of a librarian-track appointment) is Librarian or Professor/Librarian, Associate Librarian or Associate Professor/Librarian, Assistant Librarian or Assistant Professor/Librarian, or Staff Librarian or Instructor/Librarian.

17.2.5. That the appointment is full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time with the FTE identified.

17.2.6. That it is a terminal contract (whenever appropriate).

17.2.7. That it is a joint appointment with another institution (whenever appropriate), with the home institution specified.

17.2.8. The beginning and ending dates of the appointment.

17.2.9. For tenure-track appointments, the academic year in which tenure must be awarded (the "critical year").

17.2.10. The total salary for the appointment.

17.2.11. That, consistent with the provisions of this policy, employment is subject to the fulfillment of the duties and responsibilities of the position.

17.2.12. That the specific assignments of the position will be determined by the institution.

17.2.13. That any special conditions which are included in the appointment be made a part of the contract only if they are signed by the faculty member and the designated representative of the institution.

17.2.14. That acceptance of the appointment will be specified by the faculty member's signing, dating, and returning a copy of the letter or contract to the designated representative of the institution within a reasonable time, which should be specified.

17.3. Renewal letters, or letters that simply inform the faculty member of a change in salary, need not contain all of the information listed above, but it is appropriate to refer to the earlier letter or contract.

133CSR9

133CSR9

Series 10 Policy Regarding Program Review

W. Va. Code R. § 133-10-1 General

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.

W. Va. Code R. § 133-10-2 Basis of Program Review Process

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.

W. Va. Code R. § 133-10-3 [Reserved]

W. Va. Code R. § 133-10-4 Evaluative Components

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:

External demand;

Quality of outcomes; and Delivery cost.

4.2. At the discretion of the institution, it may adopt additional components to use in evaluating its academic programs, though the aforementioned criteria shall be given priority and weighted most within the institution’s evaluation method.

W. Va. Code R. § 133-10-5 Program Review Procedures and Levels of Review

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.

5.3. Each year between five-year reviews, the institutions shall provide to the Commission an annual update in a format and timeline established by the Chancellor or the Chancellor’s designee. These updates shall inform the Commission of the progress achieved by the institutions in implementing report recommendations and addressing underperforming programs identified in the institution’s report, including any action reporting in the program planning process outlined in Section 6 below.

5.4. Focused Program Review. – Either the Commission or the appropriate board of governors may request at any time that focused program reviews be conducted for a given purpose such as a) reviewing all programs within a discipline (e.g., biology) or b) concentrating on specific program review components (e.g. assessment). The Commission or the board, as appropriate, shall develop formal strategies for conducting such reviews consistent with the purpose of the review.

5.5. The Commission retains authority to resume program review using productivity standards to identify programs that are underperforming based on enrollment and completion rates and to recommend to the governing boards that those programs should be improved or discontinued.

W. Va. Code R. § 133-10-6 Program Planning

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.

133CSR10

Series 11 Standards and Processes for Approval of New Academic Programs

W. Va. Code R. § 133-11-1 General

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.

W. Va. Code R. § 133-11-2 Background

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.

W. Va. Code R. § 133-11-3 Definitions

3.1. “Area of emphasis” means a specific subject area of study which has defined course offerings within an approved degree program and major. Normally, a minimum of 12 and no more than 18 hours would be expected for an area of emphasis within a baccalaureate degree program and a minimum of six and no more than 12 credit hours would be expected for an area of emphasis within a graduate degree. Typically, a minimum of six and no more than nine credit hours would be expected for an area of emphasis within an associate degree program. Areas of emphasis completed would appear on the student’s transcript.

3.2. “Certificate programs” (as distinguished from the one-year Certificate Degree Program offered by the community and technical colleges) means a coherent, specialized curriculum designed for students in search of a specific body of knowledge for personal or career development or professional continuing education. The certificate program is not attached to a degree program, although credit hours earned in a certificate program may be applied to a degree if they are deemed appropriate by the institution. The awarding of a certificate upon completion of the program is not contingent upon completion of a degree program. The certificate would appear on the student’s transcript and an institution may issue an official certificate of completion. Normally, a minimum of six and no more than nine credit hours would constitute a certificate program at the associate level, and a minimum of 12 and no more than 21 credit hours would constitute a certificate program at the baccalaureate or graduate level.

3.3. “Chancellor” means the Chancellor for Higher Education as that term is defined in W. Va. Code § 18B-1-2 or his or her designee.

3.4. “Commission” means the West Virginia Higher Education Policy Commission as established by W. Va. Code § 18B-1B-1.

3.5. “Degree program” means an area of study approved as such by the institution and the Commission and listed on the official Commission inventory of degree programs, e.g., English, Social Work, Physical Education. The degree, which is an award signifying a rank or level of educational attainment and which is conferred on students who have successfully completed a degree program, is represented by the official degree designation, e.g., B.A. - Bachelor of Arts, B.S. - Bachelor of Science, A.S. - Associate of Science, etc. The degree program completed would be listed on the student’s diploma.

3.6. “Joint degree program” means one common degree program offered jointly by two participating institutions in which the student takes courses from both institutions and, upon graduation, receives a degree listing both institutions on the diploma or certificate.

3.7. “Major” means a field of study within an approved degree program having its own curriculum. A degree program may have more than one major. An institution may elect to include the major(s) on the student’s diploma.

3.8. “Minor” means a secondary area of specialization beyond a college major that is earned in a specific subject area of study and must be composed of at least 12 credit hours of course work. A student may not earn a baccalaureate minor in a subject area in which he or she is earning a baccalaureate major.

3.9. “New academic program” means any prescribed course of study at a State university that constitutes a major, minor, concentration, or certificate leading to a recognized degree or specific employment situation that was not in effect as of the effective date of this rule and that has not been previously approved by the Commission.

3.10. “State university” or “institution” means those public four-year institutions not affiliated with or under the administrative umbrella of West Virginia University, Marshall University, or the West Virginia School of Osteopathic Medicine. Those institutions are Bluefield State University, Concord University, Fairmont State University, Glenville State University, Shepherd University, West Liberty University, and West Virginia State University: Provided, That pursuant to W. Va. Code § 18B-1C-2(i), West Virginia University and West Virginia University Institute of Technology, as it relates to providing academic programming at the Beckley campus, shall be subject to the provisions of this rule; Provided further, That pursuant to W. Va. Code § 18B-1-1f(e)(3), the provisions of this rule shall not apply to the administratively exempted schools.

W. Va. Code R. § 133-11-4 Submission Guidelines and Timelines

4.1. Proposals for Commission approval of new academic undergraduate degree programs are not required unless the degree is intended to offer a new teaching specialization at a State university. If the proposal is to add a new teaching specialization, such proposal shall be submitted to the Chancellor a minimum of 90 days prior to the intended implementation date.

4.2. Proposals to add new baccalaureate, graduate or professional degree programs shall be submitted to the Chancellor a minimum of 90 days prior to the intended date of implementation.

4.3. Proposals to add majors within a degree program require approval of the State university’s board of governors. Upon such approval by the board of governors, the State university shall report the newly approved majors to the Commission’s Division of Academic Affairs.

4.4. Decisions to establish areas of emphasis, certificate programs, or baccalaureate minors may be made at the institutional board of governors’ level or may be delegated to the institutional president by the board of governors and do not require Commission approval.

4.5. Institutions shall submit notices of intent to offer existing bachelor’s or master’s degree programs at new locations to the Chancellor at least 90 days prior to the date of implementation. The Chancellor shall render a decision regarding whether the institutions can proceed to develop and submit a proposal prior to the intended date of implementation of any program change. The Chancellor may approve exceptions to the requirement of 90 days’ notice upon request by an institution and for good cause shown.

4.6. If an institution is statutorily authorized to offer associate degree programs, it must submit its proposals to offer existing associate level degree programs at new locations to the Chancellor not less than 45 days prior to the date for intended implementation. The Chancellor shall render a decision regarding whether the institutions can proceed to develop and submit a proposal prior to the intended date of implementation of any program change. The Chancellor may approve exceptions to the requirement of 90 days’ notice upon request by an institution and for good cause shown. New associate programs must also have the approval of the West Virginia Council for Community and Technical College Education.

4.7. An institution planning to offer existing academic programs or courses at sites outside West Virginia must have the approval of the appropriate out-of-state agency which regulates such offerings, as well as the approval of the Commission. Any program, once approved, may continue, as long as the institution has the continuing approval of the appropriate out-of-state agency.

4.8. Unless exempted by the Commission, duplication of academic program delivery at the same location by different institutions is not permitted. Any exemption will require Commission approval based upon written justification and documentation of need submitted to the Commission.

4.9. The Commission reserves the right to modify any program action which affects the mission of the institution or otherwise has statewide impact.

W. Va. Code R. § 133-11-5 Notice of Intent to Plan

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.

5.2. A notice of intent to develop a plan shall indicate the projected date of submission of the full proposal and the projected date of implementation. It shall also include the following:

5.2.1. A statement describing the educational objectives, the relationship of the objectives to the mission of the institution, and accreditation status of the proposed new program;

5.2.2. A brief description of the program;

5.2.3. A statement describing compliance with the standards for academic programs established in 133 C.S.R. 10, Policy Regarding Program Review and Planning;

5.2.4. A statement listing other institutions in West Virginia that offer similar programs and any collaboration, coordination, or program duplication with those other institutions;

5.2.5. A statement regarding evidence of workforce need and student interest in the proposed new program;

5.2.6. A statement on projected financial needs to support the program and the adequacy of expected subsidy and other income to meet program needs;

5.2.7. A statement describing the instructional delivery methodologies to be employed to deliver the program, i.e., on-site or by technology–based delivery; and

5.2.8. Any other information that may be requested by the Chancellor or the Vice Chancellor for Academic Affairs to ensure that each State university meets basic expectations for academic degrees or instruction creditable toward such degrees.

W. Va. Code R. § 133-11-6 Submission Requirements for New Program Proposals

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.

W. Va. Code R. § 133-11-7 Commission Review of New Program Proposals

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.

7.2. Once a recommendation by the Vice Chancellor for Academic Affairs is submitted to the Chancellor, the Chancellor has five working days to forward a copy of relevant documents, including the program proposal and recommendation, to the Commissioners.

7.2.1. Commissioners have five working days to review the program proposal and address any concerns.

7.2.1.a. If no concerns are reported by the Commissioners to the Chancellor, a recommendation for approval will be forwarded by the Chancellor to the president and provost of the institution.

7.2.1.b. If there are concerns by any Commissioner, that Commissioner may request a special meeting to address the program concerns and consider the program for approval or rejection or modification.

7.3. Programs approved prior to a regularly scheduled meeting of the Commission shall be included as a public information item in the Chancellor’s report at the next regularly scheduled meeting of the Commission.

7.4. Once implemented, the institution shall evaluate the new program as part of the comprehensive program review process prescribed in 133 C.S.R. 10, Policy Regarding Program Review and Planning.

W. Va. Code R. § 133-11-8 Termination of a Program

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.

W. Va. Code R. § 133-11-9 [Reserved]

W. Va. Code R. § 133-11-10 Guidelines for Joint Degree Programs

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.

Series 12 Capital Project Management

W. Va. Code R. § 133-12-1 General

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.

W. Va. Code R. § 133-12-2 Purpose

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.

W. Va. Code R. § 133-12-3 Definitions

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.

3.7. Board of Governors. The board of governors of public higher education institutions not defined as “exempt schools” as defined in this rule.

3.8. Building envelope. Any work done to the exterior of an individual building, including windows, brick repointing, exterior doors and other exterior components.

3.9. Building systems. Any work done on the mechanical, HVAC, electrical, plumbing, and other building systems within individual buildings.

3.10. Capital planning. A purposeful activity that focuses attention on long term physical plant objectives which should be accomplished in a logical sequence over time as opportunities arise and resources become available.

3.11. Capital project management. Planning, designing, bidding and providing construction administration and oversight of architectural, engineering and construction contracts and projects.

3.12. Capital projects. The construction or renovation of a fixed asset, including buildings, fixed equipment and infrastructure.

3.13. Confirmation. when used in reference to action by the Commission, means action in which substantial deference is allocated to the governing authority of a governing board under its jurisdiction and the action of the Commission is to review whether the proposed institutional action is consistent with law and established policy.

3.14. Cost. The total dollar amount of a capital improvement including real property acquisition, legal fees, construction and labor, whether consisting of state dollars or alternative third party financing.

3.15. Debt structure. The mix of an institution’s long term debt. Debt includes bond issues, notes payable and capital leases payable.

3.16. Deferred maintenance. Repair, maintenance and renewal of capital facilities which should be part of normal maintenance management, but which have been postponed to a future budget cycle or until funds become available.

3.17. Economic operations. Projects that result in a reduction of annual operating costs or capital savings.

3.18. Educational and general capital fees. The fees collected from students to pay debt service for capital improvement bonds issued by the Commission and governing boards for educational and general facilities, for the maintenance of those facilities and to fund capital improvements in those facilities on a cash basis.

3.19. Educational and general facility. A building or structure used for instruction and instructional support purposes, and includes classroom, laboratory, library, computer laboratory, faculty and administrative office and other academic support spaces.

3.20. Exempted Schools. West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology; Marshall University; and the West Virginia School of Osteopathic Medicine.

3.21. Extraordinary circumstance. A situation involving life-safety issues, issues that would result in extensive damage to a facility if not addressed immediately, any unforeseen opportunity to use external funds, or any other situation the Commission or Council determines should warrant special consideration.

3.22. Facilities maintenance expenditures. The expenditures for activities related to routine repair and maintenance of buildings and other structures, including normally recurring repairs and preventive maintenance.

3.23. Facilities maintenance to capital expenditure ratios. The annual facilities maintenance expenditures divided by the capital expenditures reported in the institution’s annual financial statements capital assets footnote.

3.24. Grounds infrastructure. Any work done to the hardscape and softscape on campus. Examples include signage, sidewalks, roads and flower beds.

3.25. Governing board, state institution of higher education, and institution under the jurisdiction of the Commission or Council. All state institutions of higher education including Marshall University and West Virginia University and their respective governing boards.

3.26. Life-safety. A condition existing on a campus that, if not corrected immediately, would jeopardize the safety and property of students, faculty, staff and the visiting public.

3.27. Life/Safety/Code. Code compliance issues and institutional safety priorities or items that are not in conformance with current codes, even though the system is “grandfathered” and exempt from current code.

3.28. Maintenance. The work necessary within a budget cycle to realize the originally anticipated life of a fixed asset, including buildings, fixed equipment and infrastructure.

3.29. Modernization. The replacement of components before the end of their life expectancy.

3.30. New construction. The creation of new stand-alone facilities or the creation of an addition to an existing facility.

3.31. Physical plant age ratio. The annual financial statement’s accumulated depreciation divided by depreciation expense. The ratio estimates institutional deferred maintenance as well as the operating efficiency of the existing plant facilities.

3.32. Physical plant package. The type of renovation or improvement.

3.33. Program improvement. Projects that improve the functionality of space, primarily driven by academic, student life and athletic programs or departments. These projects are also issues of campus image and impact.

3.34. Project backlog. The list of capital projects that have not been funded.

3.35. Reliability. Issues of imminent failure or compromise to the system that may result in interruption to program or use of space.

3.36. Repair/Maintenance. The replacement of components that have failed or are failing, or planned replacement at the end of a component’s life expectancy.

3.37. Replacement value. The cost to replace an item on the present market.

3.38. Renovation. Enhancements made to restore or renew a building or building component.

3.39. Space renewal. Any work done on interior spaces that does not impact any of the building’s core systems. This would include painting, carpet replacement, fixture replacement and furniture renewal.

3.40. Staffing ratios. The facilities management staffing ratios defined by the American Association of Physical Plant Administrators to calculate facilities performance indicator.

3.41. State capital funding. Financial resources provided from state government revenues or debt financing exclusive of funds from higher education sources.

3.42. Synthetic financial products. Financial products that are primarily used to manage interest rate risk or asset/liability balance.

3.43. Transitional. Physical facilities that require a full renovation, adaptive reuse or demolition.

3.44. Utility infrastructure. Projects completed on components of the energy distribution systems outside of the building. This would include steam lines, central plant, water lines and electrical lines and other utility components.

W. Va. Code R. § 133-12-4 System Capital Development Planning

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.

4.2. At a minimum, the system capital development oversight policy will include the following:

4.2.a. System goals for capital development.

4.2.b. An explanation of how system capital development goals align with established state goals, objectives and priorities and with system master plans.

4.2.c. A description of how the Commission and Council will prioritize their recommendations for prioritizing capital projects for state funding based on their ability to further state goals, objectives and priorities and system capital development goals. The following data elements will be used for this process:

4.2.c.1. Physical plant needs segregated by the following asset groups:

4.2.c.1.A. Education and general.

4.2.c.1.B. Auxiliary.

4.2.c.1.C. Transitional.

4.2.c.2. Physical plant needs by project category:

4.2.c.2.A. Repair/ Maintenance.

4.2.c.2.B. Modernization.

4.2.c.2.C. Alteration.

4.2.c.2.D. New Construction.

4.2.c.3. Physical plant investment needs segregated by the following categories:

4.2.c.3.A. Reliability.

4.2.c.3.B. Asset Preservation.

4.2.c.3.C. Program Improvement.

4.2.c.3.D. Economic Operations.

4.2.c.3.E. Life/Safety/Code.

4.2.c.3.F. New Construction.

4.2.c.4. Physical plant package needs segregated by the following categories:

4.2.c.4.A. Building Envelope.

4.2.c.4.B. Building Systems.

4.2.c.4.C. Life/Safety/Code.

4.2.c.4.D. Space Renewal.

4.2.c.4.E. Utility Infrastructure.

4.2.c.4.F. Existing Grounds Infrastructure.

4.2.c.4.G. New Construction.

4.2.d. A building renewal formula to calculate a dollar benchmark that shall be collected annually and invested in facilities to minimize deferred maintenance and to provide the Commission and Council objective information to determine if the investments in maintenance are occurring. The following components will be included in the formula:

4.2.d.1. A net asset value for each building determined by using the following formula:

4.2.d.2. Space utilization percentage.

4.2.d.3. Square feet.

4.2.d.4. Needs segregated by:

4.2.d 4.A. Asset Group.

4.2.d.4.B. Project Category.

4.2.d.4.C. Investment Needs.

4.2.d.4.D. Physical Plant Package.

4.2.d.5. Funding will be prioritized for each institution in accordance with institutional plans confirmed by the Commission or approved by the Council.

4.2.d.6. Facility utilization rates will be an important factor in prioritizing capital projects across the systems.

4.2.d.7. Institutions with overall net asset values and capacity utilization rates that exceed or equal thresholds set annually by the Commission and Council are the presumptive priority for new facilities. If these projects do not replace an existing facility, they would be included in the Program Improvement category.

4.2.d.8. Capital project funds will be distributed to institutions for capital projects in the following investment category order:

4.2.d.8.A. Reliability.

4.2.d.8.B. Life/Safety/Code.

4.2.d.8 C. Asset Preservation.

4.2.d.8.D. Program Improvement.

4.2.d.8.E. Economic Operations.

4.2.d.8.F. New Construction.

4.2.d.9. Institutions may request funding for new facilities that replace aged and obsolete structures. The investment categories will be used to analyze the cost of the improvements resulting from the new construction.

4.2.d.10. An aggregate net asset value percentage change resulting from the proposed funding will be calculated for each institution.

4.2.e. A process for governing boards to follow in developing and submitting campus development plans to the Council for approval and confirmation by the Commission; and

4.2.f. A process for governing boards to follow to ensure that sufficient revenue is generated for and applied toward facilities maintenance. This process will incorporate the following benchmark comparisons:

4.2.f.1. Facilities maintenance expenditures.

4.2.f.2. Facilities maintenance to capital expenditure ratios.

4.2.f.3. Net Asset Value.

4.2.f.4. Facility staffing ratios.

4.2.f.5. Physical plant age ratios.

4.3. The system capital development plan shall be created in consultation with governing boards and appropriate institution staff. Before approving the system capital development plan, the Commission and Council shall afford interested parties an opportunity to comment on the plan through a notice-and-comment period of at least thirty days.

4.4. The Commission and Council shall update its system capital development plan at least once in each ten-year period.

W. Va. Code R. § 133-12-5 Campus Development Plan

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.

5.2. Campus development plans are intended to be aspirational; however, an institution's plan shall be appropriate to its size, mission, and enrollment and to the fiscal constraints within which the institution operates. At a minimum the campus development plan shall include the following:

5.2.a. The governing board's development strategy;

5.2.b. An assessment of the general condition and suitability of buildings and facilities using the following data elements:

5.2.b.1. Physical plant needs segregated by the following asset groups:

5.2.b.1.A. Educational and general.

5.2.b.1.B. Auxiliary.

5.2.b.1.C. Transitional.

5.2.b.2. Physical plant package needs segregated by the following by project categories:

5.2.b.2.A. Repair/Maintenance.

5.2.b.2.B. Modernization.

5.2.b.2.C. Alteration.

5.2.b.2.D. New Construction.

5.2.b.3. Physical plant package investment needs segregated by the following categories:

5.2.b.3.A. Reliability.

5.2.b.3.B. Asset Preservation.

5.2.b.3.C. Program Improvement.

5.2.b.3.D. Economic Operations.

5.2.b.3.E. Life/Safety/Code.

5.2.b.3.F. New Construction.

5.2.c.3. Physical plant package needs segregated by the following categories:

5.2.b.4.A. Building Envelope.

5.2.b.4.B. Building Systems.

5.2.b.4.C. Life/Safety/Code.

5.2.b.4.D. Space Renewal.

5.2.b.4.E. Utility Infrastructure.

5.2.b.4.F. Grounds Infrastructure.

5.2.c. An assessment of the impact of projected enrollment and demographic changes on building and facility needs;

5.2.d. A comprehensive list of deferred maintenance projects individually exceeding $75,000 that need to be addressed for each campus by building or facility including an estimated cost for each;

5.2.e. An analysis as to all buildings and facilities as to the need for renovations, additions, demolition or any combination thereof;

5.2.f. A list of major site improvements that are needed, including vehicular and pedestrian circulation, parking and landscaping;

5.2.g. An analysis of telecommunications, utilities and other infrastructure improvements that are needed;

5.2.h. A delineation of clear property acquisition boundaries that are reasonably appropriate for campus expansion;

5.2.i. A list of proposed new facilities and building sites;

5.2.j. A list of capital projects in priority order;

5.2.k. Estimates of the timing, phasing and projected costs associated with individual projects;

5.2.l. If an institution has multiple campuses within 50 miles of each other, a delineation of how the campuses should interact and support each other to minimize duplication of facilities, improve efficiency and be aesthetically compatible;

5.2.m. A statement of the impact of the plan upon the local community and the input afforded local and regional government entities and the public with respect to its implementation;

5.2.n. An estimate of the plans’ impact on the institution’s capacity utilization, operating costs including depreciation, and projected financial status; and

5.2.o. Any other requirement established by the Commission and Council in these rules.

5.3. Campus development plans shall incorporate all current and proposed facilities, including educational and general and auxiliary facilities.

5.4. Not later than the next regularly scheduled meeting of the Commission or Council following the fifth anniversary date after the Commission confirms or the Council approves, as appropriate, the development plan of a governing board, the governing board shall report on the progress made in the first five years to implement the campus development plan for each campus under its jurisdiction. In addition, the governing board shall report on its plans to implement the remaining five-year period of its campus development plan.

5.5. Each governing board shall update its campus development plan at least once during each ten-year period and any update is subject to the confirmation of the Commission or approval by the Council.

5.6. A governing board may not implement a campus development plan or plan update that has not been confirmed by the Commission or approved by the Council, as appropriate. The purchase or acquisition of any property for the construction of a facility that is not included in the campus development plan creates an update to the campus development plan that must be confirmed by the Commission or approved by the Council prior to its purchase or acquisition. In the case of institutions governed by the Council, this provision applies equally to property acquired by any means, whether by purchase or otherwise.

W. Va. Code R. § 133-12-6 Capital Appropriation Requests

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.

6.2.b. The Commission and Council each shall rank the major capital projects submitted by the governing boards according to priority consistent with the criteria outlined in the system capital development plan. Such criteria shall include but not be limited to the cost of the project, its conformity to the mission of the institution, the future maintenance and operational costs, the cost of any renovation or repair if an existing facility, and other criteria as determined by the Commission and Council.

6.3. The Commission, Council, and governing boards shall adhere to the following process in submitting a list of major maintenance projects so that a prioritized maintenance project list, approved by the Commission and Council may be submitted to the state budget office by the applicable deadline.

6.3.a. The Commission and Council shall provide each governing board annually a recommended building renewal calculation that identifies the funds that should be collected and invested in its buildings and facilities during the next fiscal year to maintain them and minimize deferred maintenance.

6.3.b. As soon as the governing board receives the building renewal calculation, each governing board shall make realistic revenue estimates of the funds available for maintenance projects from educational and general capital fees, from auxiliary and auxiliary capital fees and from any other revenue that may be used for maintenance projects, as well as any anticipated reserves. The governing boards then shall identify and submit to the Commission or Council proposed major maintenance projects, consistent with its campus development plan or plans, to be funded from these revenues for projects more than $3 million for institutions subject to oversight by the Commission and $500,000 for those subject to oversight by the Council.

6.3.c. The Commission and Council each shall report to the Legislative Oversight Commission on Education Accountability on the revenue available to governing boards for educational and general and auxiliary maintenance projects, as well as any shortfalls based on building renewal formula calculation, and major maintenance projects that institutions propose to undertake during the upcoming fiscal year.

6.3.d. The Commission and Council shall work with institutions under their respective jurisdiction to ensure that adequate funds are generated to fund maintenance and build adequate reserves from educational and general and auxiliary capital fees and other revenue consistent with the building renewal formula.

W. Va. Code R. § 133-12-7 Capital Project Financing

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.

7.4. A governing board shall notify the Joint Committee on Government and Finance at least thirty days before beginning construction or renovation work on any capital project in excess of $1 million.

7.5. The Commission and Council may pledge all or part of the fees of any or all state institutions of higher education as part of a system bond issue.

7.6. Any fee or revenue source pledged prior to the effective date of this section for payment of any outstanding debt remains in effect until the debt is fully repaid or refunded.

W. Va. Code R. § 133-12-8 Capital Project Management

8.1. The Commission, Council, and governing boards shall ensure that capital funds are spent appropriately and that capital projects are managed effectively. Project management shall be conducted in all respects according to sound business practices and applicable laws, and rules.

8.2. The Commission shall employ a sufficient number of competent facilities staff experienced in capital project development and management that is suitable for the number, size and complexity of the capital projects being managed. By December 31, 2013, and continuing thereafter, at least one employee shall be Leadership in Energy and Environmental Design (LEED) certified.

8.3. A governing board under the jurisdiction of the Commission is exempt from the provisions of subsections 8.5 and 8.6 of this rule, and its capital projects management shall be governed by the provisions of subsection 8.4 of this section regardless of the rolling five-year construction expenditures, if it meets each of the following criteria:

8.3.a. Employs at least one Leadership in Energy and Environmental Design (LEED) certified administrator; and

8.3.b. Employs at least one Certified Facilities Manager (CFM) as credentialed by the International Facility Management Association or employs at least one Project Management Professional (PMP) as certified by the Project Management Institute.

8.4. An institution that has entered into construction contracts averaging more than $50 million over the most recent rolling five-year period is responsible for capital project management at that institution if it meets the following additional conditions:

8.4.a. The governing board shall employ a facilities staff experienced in capital project development and management that is suitable for the number, size and complexity of the capital projects being managed and, by December 31, 2013, and continuing thereafter, at least one of these employees shall be Leadership in Energy and Environmental Design (LEED);

8.4.b. The governing board shall promulgate and adopt a capital project management rule in accordance with West Virginia Code §18B-1-6. The capital project management rule shall include at least the following items:

8.4.b.1. Delineation of the governing board's responsibilities with respect to capital project management and the responsibilities delegated to the institution's president;

8.4.b.2. A requirement for the use of the state's standard contract documents for architectural, engineering, construction, construction management and design-build services as appropriate to a particular project;

8.4.b.3. The governing board's requirements for the following procedures:

8.4.b.3.A. Monitoring and approving project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.4.b.3.B. Approving project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.4.b.3.C. Approving architectural, engineering and construction contracts exceeding an amount to be determined by the governing board;

8.4.b.3.D. Approving contract modifications and construction change orders; and

8.4.b.3.E. Providing a method for project closeout and final acceptance of the project by the governing board.

8.4.c. The institutional capital project management rule shall be filed with the Commission no later than one hundred eighty days following the effective date of this rule required of the Commission and Council in West Virginia Code §18B-19-17.

8.4.d. The Commission may review or audit projects greater than $5 million periodically to ascertain that appropriate capital project management practices are being employed.

8.5. For institutions that have entered into construction contracts averaging at least $20 million, but not more than $50 million, over the most recent rolling five-year period:

8.5.a. The governing board, with assistance as requested from the Commission, shall manage all capital projects if the governing board meets the following conditions:

8.5.a.1. Employs at least one individual experienced in capital project development and management; and

8.5.a.2. Promulgates and adopts a capital project management rule in accordance with West Virginia Code §18B-1-6 that is approved by the Commission. The capital project management rule may be amended at the discretion of the governing board, but amendments shall be submitted to the Commission for review and approval before becoming effective.

8.5.b. The capital project management rule of the governing board shall include at least the following items:

8.5.b.1. Delineation of the governing board's responsibilities with respect to capital project management and the responsibilities delegated to the institution's president;

8.5.b.2. A requirement for the use of the state's standard contract documents for architectural, engineering, construction, construction management and design-build services as appropriate to a particular project; and

8.5.b.3. The governing board's requirements for the following procedures:

8.5.b.3.A. Monitoring and approving project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.5.b.3.B. Approving project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.5.b.3.C. Approving architectural, engineering, construction and other capital contracts exceeding an amount to be determined by the governing board;

8.5.b.3.D. Approving contract modifications and construction change orders; and

8.5.b.3.E. Providing a method for project closeout and final acceptance of the project by the governing board.

8.5.c. If an institution does not meet the provisions of this subsection, the Commission shall manage all capital projects exceeding $1 million.

8.5.d. The Commission staff shall review and audit periodically all projects greater than $1 million to ascertain that appropriate project management practices are being employed. If serious deficiencies are identified and not addressed sufficiently within ninety days, Commission staff may assume management of all projects. Institutions must inform the Commission of any decisions to undertake a capital project in excess of $1 million.

8.6. For institutions that have entered into construction contracts averaging less than $20 million over the most recent rolling five-year period and for all community and technical colleges, the Commission and Council shall manage capital projects exceeding $1 million. The following procedures shall be utilized in the planning, development and execution of capital projects:

8.6.a. After review and recommendation by the governing board, the Commission and Council shall monitor and if acceptable, approve project designs to ensure conformance with the state and system goals, objectives and priorities and the governing board's master plan, compact and campus development plan;

8.6.b. After review and recommendation by the governing board, the Commission and Council shall, if acceptable, approve project budgets, including a reasonable contingency reserve for unknown or unexpected expenses and for bidding;

8.6.c. After review and recommendation by the governing board, the Commission and Council shall, if acceptable, approve architectural, engineering, construction and other capital contracts;

8.6.d. After review and recommendation by the governing board, the Commission and Council shall, if acceptable, approve contract modifications and construction change orders; and

8.6.e. After review and recommendation by the governing board, the Commission and Council shall, if acceptable, provide a method for project closeout and final acceptance of the project by the governing board.

W. Va. Code R. § 133-12-9 Maintenance

9.1. Each governing board shall ensure that facilities under its jurisdiction are maintained and that a listing of any major deferred maintenance projects is provided annually to the Commission and Council.

9.2. Each governing board shall strive to invest annually an amount for maintenance that is consistent with the building renewal formula developed and approved by the Commission and Council and to generate a reserve sufficient to address unexpected maintenance needs.

9.3. The Commission and Council shall determine whether a governing board is devoting sufficient resources for maintenance based on the following criteria:

9.3.a. The amount of maintenance expenditures compared to building renewal formula estimates of appropriate expenditures; and

9.3.b. Periodic evaluations of the conditions of facilities at the institution and its performance and effectiveness in maintaining its facilities.

W. Va. Code R. § 133-12-10 Higher Education Facilities Information System

10.1. The Commission and Council shall develop and maintain a higher education facilities information system. The higher education facilities information system shall serve as a vehicle for carrying out the following functions:

10.1.a. Acquisition of statewide data;

10.1.b. Statewide analysis of space use and classification based on nationally recognized standards and measurements to facilitate comparisons among postsecondary education institutions within the state and in the region and nation; and

10.1.c. Other purposes as determined by the Commission and Council without burdening or interfering unnecessarily with the governance responsibilities which are placed upon the governing boards.

10.2. At a minimum, the higher education facilities information system shall serve the following purposes:

10.2.a. Develop and maintain a statewide inventory of higher education facilities, including those acquired by long-term lease, lease-purchase or other arrangement whereby the institution has long-term beneficial use. The inventory shall include, but is not limited to, the institution and campus location of the facility, the construction date, the original cost, square footage, floor plans, type of construction, ownership status, the purposes for which it is used, the current replacement cost and any other data the Commission and Council considers appropriate;

10.2.b. Develop and maintain an inventory of all rooms within each facility, which includes, but is not limited to, the room number, the square footage, room usage, number of student stations and any other data the Commission and Council considers appropriate;

10.2.c. Provide a vehicle for institutions to submit capital appropriation requests to the Commission and Council;

10.2.d. Provide a vehicle to track the status and cost of institution capital projects from inception to completion, including major maintenance and deferred maintenance projects; and

10.2.e. Provide information on facilities needed to calculate the building renewal formula.

10.3. The Commission or Council, as appropriate, shall establish benchmarks for space use including an analysis of utilization for the fall of each academic year. The benchmarks will calculate density by measuring the number of occupants per 100,000 gross square feet. This calculation will include faculty, staff, students and visitors. Separate calculations will be made for education and general and auxiliary facilities.

10.4. Each governing board and any institution under its jurisdiction shall participate and cooperate with the Commission and Council in all respects in the development and maintenance of the higher education facilities information system.

10.5. The higher education facilities information system may be used for other purposes set forth by the Commission and Council as specified by these rules.

W. Va. Code R. § 133-12-11 Authorization to Sell Property; Use of Proceeds

11.1. The Commission, Council, and governing boards each may sell all or part of any real property that it owns, either by contract or at public auction, and retain the proceeds of the transaction provided the following steps are taken:

11.1.a. Providing for property appraisal by two independent licensed appraisers. The property may not be sold for less than the average of the two appraisals;

11.1.b. Providing notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to West Virginia Code §59-3-2;

11.1.c. Holding a public hearing on the issue in the county in which the real property is located;

11.1.d. For real property with a proposed sale price of $50,000 or greater, ten days prior to the placement of the Class II legal advertisement, providing written notice to the county commission and municipalities in the county in which the real estate property is located and all members of the legislature, and

11.1.e. In case of the Commission, notifying the Joint Committee on Government and Finance.

11.2. The Commission, Council or a governing board may not lease real property for an annual amount of greater than $50,000 without satisfying the obligations of 11.1.b through 11.1.d.

11.3. The Commission, Council, or a governing board shall deposit the net proceeds from the sale, lease, conveyance or other disposal of real property into a special revenue account in the State Treasury to be appropriated by the Legislature in the annual budget bill for the purchase of additional real property, equipment or technology, or for capital improvements or maintenance at the institution that sold the surplus real property.

11.4. For purposes that further the state goals, objectives and priorities for higher education set out in State code, the Commission, Council and each governing board may lease, as lessor, any real property that it owns, either by contract or at public auction, and retain the proceeds of the lease. The Commission, Council and each governing board may convey, transfer or exchange any real property it owns to any other public body.

W. Va. Code R. § 133-12-12 Authorization to Lease-Purchase

12.1. The Commission and Council may enter into lease-purchase agreements for capital improvements, including equipment, on behalf of, or for the benefit of, a state institution of higher education or the Commission or Council.

12.2. After the Commission or Council has granted approval for a lease-purchase agreement, which is $1.5 million or higher for institutions subject to oversight by the Commission and $500,000 or higher for those subject to oversight by the Council, to a governing board, the board may enter into a lease-purchase agreement for capital improvements, including equipment.

12.3. A lease-purchase agreement constitutes a special obligation of the State of West Virginia. The obligation may be met from any funds legally available to the Commission, Council, or the institution and shall be cancelable at the option of the Commission, Council, or governing board at the end of any fiscal year. The obligation, or any assignment or securitization of the obligation, never constitutes an indebtedness of the State of West Virginia or any department, agency or political subdivision of the state, within the meaning of any constitutional provision or statutory limitation, and may not be a charge against the general credit or taxing powers of the state or any political subdivision of the state. The facts shall be plainly stated in any lease-. purchase agreement.

12.4. A lease-purchase agreement shall prohibit assignment or securitization without consent of the lessee and the approval of the agreement as to form by the Attorney General. Proposals for any agreement shall be requested in accordance with the requirements of this section and rules of the Commission. In addition, any lease-purchase agreement that exceeds $100,000 total shall be approved as to form by the Attorney General.

12.5. The interest component of any lease-purchase obligation is exempt from all taxation of the State of West Virginia, except inheritance, estate and transfer taxes. It is the intent of the Legislature that if the requirements set forth in the Internal Revenue Code of 1986, as amended, and any regulations promulgated pursuant thereto are met, the interest component of any lease-. purchase obligation also is exempt from the gross income of the recipient for purposes of federal income taxation and may be designated by the governing board or the president of the institution as a bank-qualified obligation.

W. Va. Code R. § 133-12-13 Authorization to Lease

13.1. The Commission, Council, and governing boards may lease, or offer to lease, as lessee, any grounds, buildings, office or other space in the name of the state.

13.2. The Commission, Council, and governing boards have sole authority to select and to acquire by contract or lease all grounds, buildings, office space or other space, the rental of which is required necessarily by the Commission, Council, or institutions.

13.3. Before executing any rental contract or lease, the Commission, Council, or a governing board shall determine the fair market value for the rental of the requested grounds, buildings, office space or other space, in the condition in which they exist, and shall contract for or lease the premises at a price not to exceed the fair market value.

13.4. The Commission, Council, and each governing board may enter into long-term agreements for buildings land and space for periods longer than one fiscal year but not to exceed forty years.

13.5. Any lease shall contain, in substance, all the following provisions:

13.5.a. The Commission, Council, or governing board, as lessee, has the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days' written notice to the lessor at least thirty days prior to the last day of the succeeding month;

13.5.b. The lease is considered canceled without further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds for the lease or otherwise acts to impair the lease or cause it to be canceled; and

13.5.c. The lease is considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Commission, Council, or governing board before the end of the then current fiscal year.

13.6. The Commission, Council, or institution that is granted any grounds, buildings, office space or other space leased in accordance with this section may not order or make permanent changes of any type thereto, unless the Commission, Council, or governing board has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution. For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing that cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution.

13.7. Leases and other instruments for grounds, buildings, office or other space, once approved by the Commission, Council, or governing board, may be signed by the chief executive officer, or designee, of the Commission, Council, or institution.

13.8. Any lease or instrument exceeding $100,000 annually shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.

W. Va. Code R. § 133-12-14 Real Property Contracts and Agreements

14.1. Except as provided elsewhere in the capital projects law, any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisition of buildings, office space or grounds resulting from these transactions, shall be approved by the Commission or Council, and provided to the Joint Committee on Government and Finance for prior review, if the transaction exceeds $1 million.

14.2. Notwithstanding any provision of this rule to the contrary, any acquisition, bequest, donation or construction of new buildings, office space or grounds exceeding $1 million in appraised value or requiring $1 million in repairs and renovation or lease payments over the life of the lease, made or accepted by an institution’s research corporation established by West Virginia Code §18B-12 or an affiliated foundation of an institution under the jurisdiction of the Council, shall receive prior approval by the Council.

14.3. The Commission, Council, and each governing board shall provide the following to the Joint Committee on Government and Finance:

14.3.a. A copy of any contract or agreement to which it is a party for real property if the contract or agreement exceeds $1 million; and

14.3.b. A report setting forth a detailed summary of the terms of the contract or agreement, including the name of the property owner and the agent involved in the sale.

14.4. The copy and report required by 14.2.b. of this section shall be provided at least thirty days before any sale, exchange, transfer, purchase, lease-purchase, lease or rental of real property, refundings of lease-purchases, leases or rental agreements, construction of new buildings, and any other acquisition or lease of buildings, office space or grounds.

14.5. A contract or agreement that is for the lease-. purchase, lease or rental of real property, where the costs of real property acquisition and improvements are to be financed, in whole or in part, with bond proceeds, may contain a preliminary schedule of rents and leases for purposes of review by the committee.

14.6. For renewals of contracts or agreements required by this section to be reported, the Commission, Council, or governing board shall provide a report to the Joint Committee on Government and Finance setting forth a detailed summary of the terms of the contract or agreement, including the name of the property owner.

14.7. The Joint Committee on Government and Finance shall meet and review any contract, agreement or report within thirty days of receipt.

14.8. Each governing board shall provide to the Commission or Council a copy of any contract or agreement submitted to the Joint Committee on Government and Finance pursuant to this section.

W. Va. Code R. § 133-12-15 Authorization for Sale Lease-Back

15.1. A governing board may sell any building that is on unencumbered real property to which the board holds title and may lease back the same building if the governing board obtains approval of the Council or confirmation of the Commission before incurring any obligation. The board shall deposit the net proceeds of the transaction into a special revenue account in the State Treasury to be appropriated by the Legislature for the use of the institution at which the real property is located. Prior to such action, the board shall take the following steps:

15.1.a. Provide for the property to be appraised by two licensed appraisers. The board may not sell the property for less than the average of the two appraisals; and

15.1.b. Providing notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to section two, article three, chapter fifty-nine of this code;

15.1.c. Holding a public hearing on the issue in the county in which the real property is located;

15.1.d. For real property with a proposed sale price of $50,000 or greater, ten days prior to the placement of the Class II legal advertisement, providing written notice to the county commission and municipalities in the county in which the real estate property is located and all members of the legislature, and

15.1.e. Retain independent financial and legal services to examine fully all aspects of the transaction.

15.2. The sale may be made only to a special purpose entity that exists primarily for the purpose of supporting the institution at which the building is located.

W. Va. Code R. § 133-12-16 Construction and Operation of Auxiliary Facilities; Fees for Auxiliary Enterprises

16.1. A governing board may provide, construct, erect, improve, equip, maintain and operate auxiliary facilities, as defined in section three of this rule for students, employees and visitors on land it owns or leases.

16.2. The cost of construction, erection, improvement or equipment may be paid with the proceeds of revenue bonds authorized by this code or by any other financing method provided in law and approved by the Commission or Council. The issuance of revenue bonds is subject to the approval of the Commission or Council.

16.3. A governing board may engage experts in engineering, architecture and construction and other experts as it considers necessary and may specify the payment and contract terms which are included in the cost of the project.

16.4. A governing board may promulgate and adopt rules and charge fees for use of its facilities. The fees and other amounts charged shall be structured so as to generate funds sufficient for the following purposes:

16.4.a. To maintain payment of the principal of and interest on any revenue bonds, and for reserves for the revenue bonds;

16.4.b. To operate the auxiliary enterprise;

16.4.c. To satisfy annual building renewal formula requirements; and

16.4.d. To build a reserve for major renovation or replacement.

16.4.e. All moneys collected for the use of auxiliary facilities shall be paid to the credit of and expended by the governing board of that institution in accordance with West Virginia Code §18B-10-13.

W. Va. Code R. § 133-12-17 Condemnation Generally

17.1. 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 54 of the West Virginia Code.

17.2. 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.

17.3. 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.

W. Va. Code R. § 133-12-18 Reporting

18.1. The Commission and Council shall annually 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. The report will include current and proposed projects.

18.2. The governing boards shall report to the Commission or Council on an annual basis their progress in implementing the objectives of institutions' campus development plans. Said reports shall include a copy of the campus development plan and their specific progress in meeting the objectives of the plan. For objectives not met, the institution shall provide a reasonable timeline to meet said objectives and a method to measure their progress in the future toward meeting the objectives.

Appendix A West Virginia Higher Education Policy Commission West Virginia Council for Community and Technical College Education FINANCIAL FEASIBILITY STUDY This Financial Feasibility Study is being submitted for the following project (must be submitted 60 days in advance of the deadline for submitting agenda items to the Commission or Council):

Submission Date Name of Institution Project Name Project Amount $ Project Type (check one):

Education & General (E&G) Project Auxiliary Enterprise Project Property Acquisition Public/Private Development or Design/Build Other(specify):

Proposed Financing Arrangement (check one):

No Debt - Paid from Institution Cash On-Hand or from Reserves Revenue Bond by Institution Capital Lease Alternative Financing Method Other(specify)

Requested Type of Financing (should not exceed 30 years):

Educational & General (E&G) Capital Fee Financing Amount: $ Auxiliary & Auxiliary Capital Fees Financing Amount: $ Debt secured by revenue stream – identify source and provide Code citation that authorizes the pledge of this revenue stream for issuance of revenue bonds or to incur debt.

Amount: $ Prepared by:

Name:

Title:

E-mail:

Telephone No.:

Fax No.:

The attached Financial Feasibility Study has been prepared using information and projections believed to be reliable and accurate for the purpose of estimating the demand and affordability of the proposed capital project.

Signature (Chief Financial/Fiscal Officer)

Forward original to:

West Virginia Higher Education Policy Commission 1018 Kanawha Boulevard, East, Suite 700 Charleston, WV 25301

Section 1 - General Information – To be completed for all projects.

Describe the project in sufficient detail so that an uninformed reader has a clear understanding of the project. Indicate whether the project is new construction, renovation/addition to an existing facility or is property acquisition.

Describe how the project is essential to fulfilling the institution's mission. Address the alternatives available if the project is not undertaken.

Is the project identified in the institution’s capital appropriation request for this fiscal year? If yes, what is its priority in relation to the other projects? If no, why was it not included and why is being proposed now?

Is the project included in the institution’s approved Ten Year Campus Masterplan? If so, what is the priority in relation to other projects in Masterplan and what is the estimated project cost identified in the Masterplan? If it is not included in the Masterplan, why is it being proposed ahead of the projects in approved in the Masterplan?

Describe the effect the project will have on those students or users who will financially support the project.

Explain how the project will affect the institution's need for student financial aid.

Describe the probable effects of the project on the community and environment, including changes to the value of property as a result of the project.

Explain how the project and its impact have been conveyed to local officials and their reaction/response.

Describe any other positive or negative effects the project may have.

Briefly describe the financing proposal. Indicate if this proposal is for a revenue bond financing, a capital lease or lease purchase, or some other less traditional financing arrangement. Indicate anticipate closing date.

Are specific revenues planned to support debt service or lease payments? (If so, please complete Section 3.)

What impact does the construction of this project have on the institution’s compliance with federal Title IX requirements?

Private Use Will any person or entity other than the institution provide (directly or indirectly) any part of debt service on the portion of the bonds issued for the project? For example, will a private business entity, private foundation or federal agency be required (or expected) to make an annual contribution toward the payment of debt service. ___ Yes ___ No. If yes, please identify the person or entity and the percent of debt service to be provided.

Do you anticipate that any person or entity other than the institution will have a contractual right, different from the rights available to the general public or students, to use any part of the project or to use or buy goods or services produced at the project? For instance, have you contracted parking spaces in a parking deck to a nearby corporate office?

Yes No. If yes, briefly summarize the planned contractual agreement.

Do you contemplate any part of the project being managed or operated by any person or entity other than the institution under a management or service contract, incentive payment or other “privatized” arrangement? Examples include contracts for food service, parking service, dormitory management, bookstore management, etc.

Yes No. If yes, summarize the anticipated contractual arrangement (i.e., contract term, renewal options, compensation arrangements, etc.).

Note: These arrangements may impact whether the project is eligible for tax-exempt financing. Once tax-exempt bonds have been issued, entering into this type of contract or arrangement may affect the bond’s tax-exempt status and as a result, could have an adverse affect on the bondholders. So long as the bonds are outstanding, the terms of any such arrangement must be reviewed and approved by the Bond Counsel and the Policy Commission staff prior to the execution of any contract.

Property Acquisition by Purchase, Lease or Lease Purchase Property acquired by purchase, lease or lease/purchase exceeding $1 million ($15 million for Marshall University and West Virginia University) must be approved in advance by the Commission or Council as applicable.

What is the purchase price of the property? What is the appraised value of the real property and improvements? The institution must engage a licensed appraiser experienced and certified for the property being appraised. Attach a copy of the appraisal.

Does the institution have a Phase 1 Environmental Study for the property? If so, please provide a copy. Does the Phase 1 Study identify the need for a Phase 2 Environmental Study? If so, please provide a copy to the Phase 2 Study.

Yes No. If yes, please provide a copy. If no, this study must be performed by a firm experienced and qualified to perform this study prior to purchase. Include contact person with WV DEP.

Has a title search been performed? If so, are there any issues preventing the institution obtaining a general warranty deed? Are there any easements, encroachments, or encumbrances affecting the property? A title search must be preformed prior to purchase.

Yes No. If yes, please provide a copy. If no, a title search must be performed prior to purchase.

Is the property within the property acquisition boundaries of the approved Ten Year Campus Masterplan?

Yes No. If no, the acquisition must be approved in advance by the Commission or Council as applicable no matter the dollar value.

Has there been an architectural/engineering firm retained for any portion of the project (feasibility study, site selection, schematic drawings)?

If so, was the firm selected and retained following West Virginia Code §18B-19-7?

If a firm has been selected, will this firm be retained as the project continues?

If a selected firm will not be retained as the project continues, will there be a separate RFP distributed to select an Architectural /Engineering firm for the next phase?

If a design firm has been selected for schematic design and/or feasibility study and/or site selection are they aware of their role, and that they will have their responsibility either fulfilled or will continue upon completion of this phase? Explain if necessary.

If a firm has been retained, have the necessary drawings and specifications been submitted to the HEPC Central Office?

Does this project fall under West Virginia Code §18B-19-8 and was it submitted as required?

If this project is taking precedent over a deferred maintenance project submitted previously, explain here.

Section 2 – Cost Information (complete for all projects)

Do you anticipate the need for capitalized interest on any bond financing (i.e., to pay interest during construction)? If so, for how many months? When is construction to begin and completed? (Interest cannot be capitalized more than six moths post construction)

Itemize the capital costs of the project. Estimate the costs of issuance at 2% of the cost of the project if it is to be financed by a bond issue. Please subtotal project costs net of the 2% cost of issuance and then show a gross cost of project including the cost of issuance. Note that the total cost should be used as the AMOUNT BORROWED field of the worksheet. Attach the CO-2 estimate or further estimate of project cost, if available. (Note: The term of any financing plan or arrangement should be for 30 years or less.)

What is the anticipated useful life of the project?

Discuss the need for a Reserve Fund to support the proposed project, any anticipated uses of the reserve during the life of the bonds, and the plan for replenishment of the reserve. The Reserve Fund Limit in the spreadsheet should be approximately 10% of the project cost.

List and describe any initial Non‑Recurring Costs related to the project and the source of funding for each of these items.

List and estimate the Incremental Annual Operating Expenses. Provide any supporting documentation and illustrate how your estimate was made. These expenses include personnel costs, utilities, contractual services, supplies and materials, indirect costs, equipment, etc.

Section 3 - Revenue Information. (Complete for all revenue-producing projects)

Describe the Revenue Sources that will be used for payment of debt service and the expenses associated with these revenues. Consider what other expenses are planned to be supported by the revenues, and how much revenue will actually be available for debt service. (Note: The term of any financing plan or arrangement should be for 30 years or less.)

If revenues will be derived from a group of similar facilities (a system) and an increase in system revenues will be used to support the debt, provide justification for any system contribution and any marginal increase in system‑wide fees.

If revenues will be derived from just one facility of several similar facilities in a campus system, show all fees for all similar facilities and justify any differential in pricing between the facilities.

Will project revenues or revenues pledged to the payment of debt service be available prior to completion of the project? Describe the timing of revenues and when they will be available and sufficient to begin servicing the debt.

What studies have been completed to demonstrate the demand for the facility and the reliability of the revenue stream? (Attach copies if available.)

If any portion of the revenues are already pledged or otherwise committed to other debt service payments, provide a schedule of debt service payments (by issue) and cumulatively. Clearly identify the portion of the revenue source that is committed or being used to pay debt service.

If any revenues are projected to increase, explain how the projections were calculated. Do not use an automatic growth rate.

If institutional reserves are to be used to service the debt, include the source of funds, balances for the last five years, and impact on future balances. Identify the authorization for using these funds to pay debt service and other costs.

If any amounts currently used for debt service are expected to be available and used for debt service on this project (i.e., the existing debt will be retired), provide the name(s) of the existing project(s), the bond series, and the annual amount to be available. Address the status of the existing facility's physical condition and plans for repair or maintenance. Conversely, explain why any such amounts scheduled to be available are not planned for use for debt service on this project.

Provide a copy of the institution’s debt policy approved by the Board of Governors Using the information described above, complete Spreadsheet #2 – Revenue Components

Section 4 - General Financial Condition - Complete this section for all projects.

Provide the following FTE enrollment and admissions information What is the estimated enrollment change resulting from this project?

Provide the following ratios and Composite Financial Index for the current year budget as adjusted for the project, the current year budget excluding the new project, and the two preceding fiscal years.

Adjusted Budget Budgeted Actual Actual FY 20__ FY 20__ FY 20__ FY 20__ Ratios (Excluding OPEB liability):

Primary Reserve Ratio Net Operating Revenue Ratio Return on Net Assets Viability Ratio Composite Financial Index

0.00

0.00

0.00

0.00

Section 5 - Capital Lease Projects – Complete only if the financing involves a capital lease.

Discuss the alternatives that were considered before deciding that the capital lease structure was the best option.

Who is the Lessor (full name and address)? Who is the Lessee (full name and address)?

Who will manage the facility during and after construction?

Who will be issuing bonds or otherwise financing the project? Will it be tax-exempt debt?

If debt is issued, what portion will not be tax-exempt?

Section 6 - Public/Private Partnership & Design Build – Complete this section only if the financing involves a public/private partnership or is a design build project.

Discuss the alternatives that were considered before deciding on a public/private partnership or design build as the best option.

Design build projects are subject to the “Design Build Procurement Act,” West Virginia Code §5-22A. The provisions of this Act must be used to select design-builders for authorized projects that are constructed and owned, potentially owned, or ultimately owned by any agency/state institution of higher education. Please describe your plans for complying with the Design Build Procurement Act.

If this is a public/private partnership, please describe the nature of the arrangement and the parties involved.

What type of financing vehicle will be used to fund the project? (Please describe in detail)

Section 7 - Sustainability and Energy Efficiency Do you have access to the most current version of the HEPC’s standards for sustainability and energy efficiency?

Will this project be proposed as a LEED project?

If it is to be a LEED project, have you engaged with the necessary professionals to enter the process?

If you have not engaged the necessary professionals, do you need assistance?

If is not proposed as a LEED project are you aware of the minimal guidelines required to insure the project is completed using the most current guidelines and standards? (ASHRE 90.1, LEED – see USGBC.org website)

Have you explored any potential existing energy rebates available from your local utilities specific to this project?

Do you need further assistance in proceeding with any of the answers required in this application?

Definitions of Terms Auxiliary and Auxiliary Capital Fees Bonds (W. Va. Code §18B-10): Revenue bonds issued to finance the planning, design, construction and equipping of an auxiliary facility i.e., Student Unions and Recreation Facilities, Residence Halls, Dining Halls, Athletic Facilities, Bookstores, Faculty and Staff Housing and other facilities not considered E&G Facilities. Auxiliary fees are pledged to pay debt service for these revenue bonds.

Capital Lease: In accordance with the Financial Accounting Standards Board (FASB), capital leases are defined as leases which meet any one (or more) of the following criteria:

Transfer of ownership of the property to the lessee at the end of the lease term;

Bargain purchase option at the end of the lease term;

Lease term equal to 75% or more of the estimated economic life of the leased property; and Present value of the net minimum lease payments equal to or exceeding 90% of the fair market value of the property.

Capital leases are considered long-term obligations for accounting purposes.

Capitalized Interest: Interest to be paid on the bonds during the period of construction that is financed as part of the bond issue (i.e., paid with bond proceeds). Capitalizing interest increases the overall cost of borrowing, but may be necessary in cases where project revenues are to be used to pay debt service. Conversely, where revenues are already being collected (i.e., a fee or fee increase has already been implemented), the use of capitalized interest may not be appropriate.

Educational and General (E&G) Capital Fees Bonds (W. Va. Code §18B-10): Revenue bonds issued to finance the planning, design construction and equipping of E&G facilities Fees collected by the institutions to support existing and future system-wide debt and institutional debt, capital projects funded on a cash basis, campus and building renewal, and repairs and alterations of E&G Facilities.

Educational and General (E&G) Facility: A building or structure used for instruction and instructional support purposes, and includes classroom, laboratory, library, computer laboratory, faculty and administrative office and other academic support spaces.

Incremental Annual Operating Expenses: The increase in operating costs attributable to the project. For example, a new dormitory added to a dormitory system would presumably increase system operating costs (e.g., supplies & material, utilities, personnel (janitorial, maintenance), equipment, etc.)

Non-recurring costs: One-time project costs (e.g., land acquisition, special utility fees, etc.) required for project completion.

Other: Debt secured by another revenue stream than those identified above. Please identify source and provide Code citation that authorizes the pledge of this revenue stream for issuance of revenue bonds or to incur debt.

Private Use: Private use means any use (directly or indirectly) by a trade or business that is carried on by persons or entities other than state or local governmental entities. Such use could involve ownership, management, service or incentive payment contracts, research agreements, leases, subleases, loans, or any other arrangement that conveys special legal entitlements or economic benefit to the non-governmental entity from the beneficial use of the project.

Reserve Fund: An amount set aside, usually from project revenues or bond proceeds, to mitigate the impact of interruptions in the ability of the project to generate sufficient net revenues to pay debt service (e.g., debt service reserve, repair and replacement reserve). In certain circumstances, the presence of a reserve can enhance the credit. For the purposes of the feasibility study, reserve funds are generally for debt service and are funded from project or institutional revenues. 9(c) projects are expected to generate sufficient revenues to fund a reserve at an amount equal to approximately 10% of the amount financed.

Series 13 Change in the Organization of Colleges or Schools

W. Va. Code R. § 133-13-1 General

1.1. Scope. – This rule establishes a process to change administrative organization within an institution.

1.2. Authority – West Virginia Code § 18B-1-6.

1.3. Filing Date – December 20, 2016.

1.4. Effective Date – January 20, 2017.

1.5. Repeals and replaces Title 133, Series 13, dated April 19, 2002.

W. Va. Code R. § 133-13-2 Policy

2.1. The governing board of an institution may implement changes, without approval of the West Virginia Higher Education Policy Commission (Commission), in the organization of colleges, or schools, within the institution, for organizational efficiency or administrative purposes. The president of the institution shall inform the Chancellor of any such change at least thirty (30) days prior to its implementation. The Commission reserves the right to consider and take action, up to and including disapproval, on any change which changes the mission of the institution or affects the statewide master plan.

2.2. The president’s written notification to the Chancellor shall confirm that appropriately elected faculty, classified employees, student representatives and/or organizations were consulted prior to implementing any organizational change to which this provision applies.

2.3. The organizational changes to which this provision applies do not include staff changes for existing positions within the institution or organizational changes below the college or school level.

133CSR13

Series 14 Holidays

W. Va. Code R. § 133-14-1 General

Scope. -- Rule regarding holidays in the state system of higher education.

Authority. -- West Virginia Code §18B-1-6.

Filing Date. -- October 31, 2019.

Effective Date. -- December 1, 2019.

Repeal of Former Rule. -- Repeals and replaces Title 133, Series 14 which had an effective date of April 19, 2002.

W. Va. Code R. § 133-14-2 Granting Power

2.1. The West Virginia Higher Education Policy Commission (Commission) hereby directs that the governing board or president of each institution shall determine six holidays which will be observed by the employees of that institution in addition to the six holidays specified in Section 3.1 of this rule.

W. Va. Code R. § 133-14-3 Number of Full Holidays

3.1. The number of full holidays shall be twelve, plus additional days for any statewide, primary or general election. Specified holidays shall include Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, and Martin Luther King’s Birthday. Six additional days determined by the governing board or president as provided in Section 2.1 shall also be taken. If a specified holiday falls on a Saturday or Sunday, the preceding Friday or the following Monday will be observed as the legal holiday.

3.2. Proclamation of additional legal holidays by the president of the United States, governor, or other duly constituted authority may be observed by employees as determined and communicated by the president of the institution. The president of the institution may determine that any such additional legal holidays shall be observed at a future date, if operational needs of the institution require the holiday not be observed on the date proclaimed.

W. Va. Code R. § 133-14-4 Half Holidays

4.1. As specified in the regulations of the division of personnel for agencies of the executive branch of state government, one-half day preceding Christmas or New Year’s Day shall be a holiday when Christmas or New Year’s Day falls on Tuesday, Wednesday, Thursday, or Friday.

W. Va. Code R. § 133-14-5 Schedules

5.1. Holiday schedules are to be established and used on a fiscal year basis.

5.2. The president of each institution shall assure that the list is posted in appropriate locations on campus, including, but not limited to, the institution’s website.

W. Va. Code R. § 133-14-6 Commission and West Virginia Network for Educational Telecomputing

6.1. The Chancellor shall determine the holiday schedule for the staff of the Commission and WVNET.

Series 17 Transferability of Credits and Grades at the Undergraduate Level

W. Va. Code R. § 133-17-1 General

1.1. Scope. -- This rule establishes guidelines for the transferability of credits and grades at West Virginia public and private post-secondary colleges and universities.

1.2. Authority. -- West Virginia Code §§18B-1-6, 18B-2B-6, 18B-14-2.

1.3. Filing Date. -- November 24, 2015.

1.4. Effective Date. -- December 24, 2015.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 17 which had an effective date of February 15, 2015.

W. Va. Code R. § 133-17-2 Definitions

2.1. Private higher education institutions. Post-secondary institutions which have been state approved to operate in West Virginia but are not public higher education institutions.

W. Va. Code R. § 133-17-3 Transfer Guidelines

3.1. It is the policy of the West Virginia Higher Education Policy Commission (Commission) and the West Virginia Council for Community and Technical College Education (Council) that the transfer of credits among public institutions of higher education and with West Virginia private institutions will be completed consistent with appropriate and legitimate academic program integrity. Institutional practice is to ensure that students may transfer and apply toward the requirements for a degree the maximum number of credits earned at an institution that is accredited by a regional, national, programmatic or other accredited body recognized by the U.S. Department of Education with no additional requirements or as few requirements to repeat courses or to take additional courses above those required by a native student to complete the degree, as is consistent with sound academic policy.

3.2. To this end, the following policy guidelines are hereby promulgated:

3.2.a. Undergraduate level credits and grades earned at any public or private post-secondary institution in West Virginia shall generally be transferable to any other such institution. Use of grades for institutional purposes, such as, without limitation, criteria for academic probation, recognition for graduation with honors or other institutional purposes, shall be subject to the policy of the receiving institution.

3.2.b. Each post-secondary institution, both private and public, must make the course objectives for every credit-bearing course available to the public. These course objectives may be posted on an easily accessible location on the institution’s web site or may be made available through college catalog or other easily accessible format.

3.2.c. Institutions shall use a 70 percent standard for determining if the earned course credit is equivalent to the receiving institution’s comparable course. That, if 70 percent of the learning objectives are in alignment, then the receiving institution must accept the course credit.

3.2.d. Once the receiving institution has reviewed the course objectives of the course requested for alignment and transfer, the receiving institution must notify the student of the course credits awarded. If requested transfer course credit is not awarded, the receiving institution must provide clear and specific details to the student and sending institution in regard to:

3.2.d.1. The changes to the course curriculum that are needed to achieve 70% percent alignment;

3.2.d.2. Reason(s) that the receiving institution has denied course credit transfer;

3.2.d.3. Additional information or actions, if any, necessary to permit the transfer;

3.2.d.4. Information about resubmitting a course credit transfer request that has been denied.

3.2.d.5. The institutional process for transfer appeal and the process for appealing the decision to the Joint Recommending Committee for Transfer and Articulation.

3.2.e. Each post-secondary institution, both public and private, shall establish an appeals process for the denial of transfer credit. At the completion of the second-to-final stage of the appeals process, the student may request review by an outside committee. The Commission and the Council shall establish a Joint Recommending Committee for Transfer and Articulation and establish procedures for operation. With private institution committee representation on the Committee, this committee hears such appeals and sends a recommendation to the president of the institution. The president or his or her designee at the institution issues the final decision. Each institution is required to publish procedures for appeal of denial of transfer credit in all appropriate catalogs and webpages. In an instance where an institution has not developed a transfer appeals process, the student may appeal directly to the Joint Recommending Committee for Transfer and Articulation.

3.2.f. Provided all other provisions of this rule are met, at least 60 and no more than 72 hours of credits and grades completed at public or private post-secondary institutions in West Virginia and, if applicable, validated through a West Virginia community and technical college, shall be transferable to any public or private baccalaureate degree-granting institution in West Virginia. Course credit earned at any public or private baccalaureate degree-granting institution, may be forwarded directly to another baccalaureate degree-granting institution for review, validation, and award of transfer credit. Exceptions to the 72 hour transfer limit may be made by the chief academic officer of the baccalaureate institution receiving the credits and grades.

3.2.g. With the exception of those enrolling in specialized four-year programs which have demonstrable and bona fide externally imposed requirements making such a goal impossible, students completing two-year associate degrees at public institutions in West Virginia shall generally, upon transfer to a baccalaureate-level degree-granting institution, have junior level status and be able to graduate with the same number of total credit hours as a non-transfer student at the same institution and in the same program. An exception may exist in any instance where the associate degree is a technical type designed for occupational/career purposes and the general education component is substantially of a markedly different nature than that required for a student at the same two-year institution enrolled in a college transfer associate degree program, or where requirements of the major have not been met.

3.2.h. In an effort to meet the needs of students enrolled in occupational/career associate degree programs at West Virginia public community and technical colleges who seek to complete baccalaureate-level education, the public baccalaureate institutions are encouraged to provide opportunities for students to enroll in applied baccalaureate-completion programs.

3.2.i. The Commission and the Council recognize the Regents Bachelor of Arts degree program as a degree completion program that serves graduates of the Board of Governors Associate in Applied Science degree program.

3.2.j. Each institution with baccalaureate-completion programs is encouraged to make full utilization of distance education, including on-line courses, to provide transferring students with associate degree credits the maximum opportunities to complete a baccalaureate degree.

3.2.k. In response to the statutory charge that undergraduate core coursework completed at a state institution is transferable as general studies credit to all other state institutions of higher education in West Virginia for credit with the grade earned, the Commission and the Council maintains a core coursework transfer agreement. The core coursework transfer agreement lists the general studies courses at each institution which have been approved for inclusion in the agreement and is updated annually. Under the terms of the agreement, a student may transfer up to thirty five credit hours of undergraduate coursework in the areas of English composition, communications and literature, fine arts appreciation, mathematics, natural science, and social science as general studies credits. The agreement establishes hours of coursework acceptable for transfer that will count toward fulfillment of general studies requirements. Since coursework is generally transferable among institutions in the state colleges and universities, a student could conceivably transfer more than thirty five hours of general studies credit from one institution to another that are provided for in this agreement. Each institution is to create internal processes to guarantee that courses listed on the Core Coursework Transfer Agreement, up to the 35 credit hour limit, are accepted at the receiving institution as general studies credit. Once an incoming student’s general studies requirements have been fulfilled, or the maximum credit limit reached, the institution is to make a good faith effort to accept additional incoming credits listed on the Core Coursework Transfer Agreement. Any private post-secondary institution which wishes to participate in this core coursework transfer agreement may do so as the agreement is updated annually in the spring of each year.

3.2.l. There shall be developed and maintained specific detailed articulation agreements between appropriate public and private institutions in West Virginia. Information on articulation agreements between private post-secondary institutions, community and technical colleges and baccalaureate institutions in West Virginia, including specific courses that are part of the agreement, must be published in official campus materials and widely disseminated to students.

3.2.m. While each institution is encouraged to maintain high quality standards in its undergraduate transfer policy, it is also the expectation that each institution will be flexible in the establishment of any residence requirement. With the advent of instructional communications technology, particularly web-based instruction, and the emerging pattern of many students completing credits from a number of institutions, institutions may wish to eliminate or curtail substantially the imposition of a residency requirement for credits completed at the degree-granting institution. An institution may maintain, however, requirements for an appropriate minimum grade point average on previous work attempted and the grade point average for admission to a particular program.

3.2.n. Credits for graduate coursework at the master’s level earned at a regionally accredited institution are generally transferable to a West Virginia public college or university authorized to offer master’s degree programs. The receiving institution may limit transfer credits to twelve hours and to those credits that meet master’s degree program requirements.

3.2.o. Each West Virginia public and private post-secondary institution shall file its policy on transfer of academic credits including the appeals process with the Chancellor’s office.

Series 18 Assignment Of Academic Credit And Financing Noncredit Insurance

W. Va. Code R. § 133-18-1 General

1.1. Scope. -- This rule governs assignment of academic credit and financing noncredit instruction.

1.2. Authority. -- W. Va. Code '18B-1B-4.

1.3. Filing Date. -- May 22, 2002.

1.4. Effective Date. -- June 22, 2002.

1.5. Repeals and replaces Title 128, Series 50, and Title 131, Series 50 dated September 11, 1979.

W. Va. Code R. § 133-18-2 Policy

2.1. All courses and classes offered for academic credit must be acceptable toward a degree or certificate program(s) as approved by the institutional governing board, and if required, also approved by the Higher Education Policy Commission and/or the institutionally-adopted general education program(s) as set forth in the college catalog(s). Courses and classes offered by an institution in a partnership arrangement with another West Virginia public state college or university must also count for academic credit toward a degree or certificate program(s) at the receiving institution.

2.2. Two exceptions may be made to this general policy:

2.2.1. Those courses offered for remedial purposes in the basic academic skills areas (foundation programs);

2.2.2. Certain specialized courses designed to meet the continuing education needs of public and private school personnel.

2.3. Courses and classes not qualifying for academic credit may be assigned C.E.U. value, in accordance with standards established by the appropriate institutional governing board.

2.4. Except as may be specifically allocated or approved by the board, no state appropriated funds may be utilized for the direct and identifiable costs of noncredit courses and classes. It is expected that course and class fees and/or contract or gift funds will cover all identifiable direct cost of noncredit courses and classes.

133CSR18

Series 19 Dual Enrollment Pilot Program

W. Va. Code R. § 133-19-1 General

1.1. Scope. -- This rule details the responsibilities of West Virginia’s public universities regarding the dual enrollment pilot program in matters of curriculum, selection of faculty, quality control, admission, setting tuition and fees, and reporting requirements.

1.2. Authority. -- West Virginia Code §18B-14-4(d).

1.3. Filing Date. -- February 29, 2024.

1.4. Effective Date. -- March 29, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 133-19-2 Purpose

2.1. The dual enrollment pilot program is designed to help high school students earn college and high school credits at the same time by taking courses from the State’s public institutions of higher education. The purpose of this program is to promote rigorous academic pursuits while providing more opportunities for high school students to obtain college credit prior to high school graduation.

W. Va. Code R. § 133-19-3 Definitions

3.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-1-2 and 18B-14-4(a) apply to this rule in addition to the definitions set forth below.

3.2. “Accreditation” means a status attained by the university through voluntarily meeting standards established by a nongovernmental entity recognized by the U.S. Department of Education to assess and evaluate the quality of the institution and its programs. In this rule, such entity is referred to as “accreditor.”

3.3. “Chancellor” means the chancellor of higher education as defined in W. Va. Code § 18B-1-2 or his or her designee.

3.4. “Fees” means the costs charged by the institution of higher education for the enrollment application, activities required by the institution that may enhance a student’s likelihood of academic success, or course-related or laboratory fees.

3.5. “Secondary school” or “high school” includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

3.6. “State Board” means the West Virginia Board of Education created by W. Va. Const. Art. XII, § 2 and defined in W. Va. Code § 18-1-1.

3.7. “State Superintendent” means the State Superintendent of Free Schools as defined in W. Va. Code § 18-1-1 or his or her designee.

3.8. “Textbooks” include traditional books, digital courseware, course material, and open educational resources as defined in W. Va. Code §§ 18B-10-14 and 18B-10-14a respectively.

W. Va. Code R. § 133-19-4 Courses

4.1. Any dual enrollment course shall meet the same academic standards as those required for on-campus instruction by the university’s accreditor.

4.2. The university shall limit dual enrollment courses to lower division undergraduate courses which are jointly agreed upon by the cooperating university and high school, and such courses shall be transferable between the State’s institutions of higher education.

4.3. The following college credit opportunities are not part of the dual enrollment pilot program:

4.3.1. The State Department’s Earn a Degree, Graduate Early (EDGE) program;

4.3.2. The College Board’s Advanced Placement (AP) classes;

4.3.3. The College Board’s College Level Examination Program (CLEP); and

4.3.4. Articulated credit.

4.4. Each institution offering dual enrollment courses shall establish policies for the routine evaluation of instructors and courses. University personnel shall evaluate dual enrollment faculty using the same processes as are used for other faculty.

4.5. Wherever and to the extent practicable, the university shall offer open educational resources for dual enrollment courses.

W. Va. Code R. § 133-19-5 Faculty

5.1. Faculty teaching dual enrollment courses shall meet the minimum faculty credential requirements as specified by the university that will grant the credit and the university’s accreditor.

5.2. The university shall assign adjunct/part-time faculty status to high school teachers who teach college courses in the high school, whose employment as such shall be consistent with any accreditation standards for employment of adjunct/part-time faculty.

W. Va. Code R. § 133-19-6 Admissions

6.1. The dual enrollment pilot program is limited to secondary students who are in their junior and senior years of instruction unless the approved pathway requires students to start earlier.

6.2. A participating university shall apply its established admission criteria for secondary school students participating in the dual enrollment pilot program, which may not do either of the following:

6.2.1. Be set at a higher standard than the admission criteria established for other students attending the institution; or

6.2.2. Require different standards among students participating in the dual enrollment pilot program based on secondary grade level or student age.

6.3. A university is not required to give priority to students participating in the dual enrollment pilot program over other students regarding admission or enrollment into courses: Provided, That once a secondary student is enrolled in a dual enrollment course, the university may not displace that student from the course unless he or she voluntarily drops the course or fails to meet student conduct or academic rules established by the university.

6.4. Alternative admission requirements may be applicable for specific approved pathways.

6.5. The university shall afford dual enrollment students the same rights and responsibilities as on-campus students and provide them the same level of access to learning resources such as libraries, laboratories, and databases.

W. Va. Code R. § 133-19-7 Tuition/Fees

7.1. Participation in the dual enrollment pilot program shall be at no cost to the participating student. The Commission shall reimburse institutions participating in the dual enrollment pilot program at a rate of $75 per credit hour as long as funds are available for that purpose.

7.2. In order to receive the reimbursement provided for in Section 7.1., the university shall submit data on a form and by deadlines prescribed by the Chancellor that, at a minimum, identifies the students enrolled and the hours completed at the university.

W. Va. Code R. § 133-19-8 Academic Support Services

8.1. Each university shall provide the following academic support services for students enrolled in the dual enrollment pilot program:

8.1.1. Assign an academic advisor who is employed by the university to each student enrolled at that university in the dual enrollment pilot program and ensure that the following occur:

8.1.1.a. Prior to the first day of the term of enrollment at the university, provide to each participating student the name and contact information of the academic advisor assigned to the student, along with the advisor’s office hours and meeting scheduling process; and

8.1.1.b. Require a meeting between the assigned academic advisor and each student enrolled in the dual enrollment pilot program, which meeting shall occur, either virtually or in person, prior to the established university withdrawal date to allow the participating student the opportunity to consider withdrawing from the course before a poor grade would negatively affect his or her grade point average. The mandatory meeting shall provide information including, but not be limited to, the following:

8.1.1.b.1. Academic resources available to assist students;

8.1.1.b.2. Availability of the academic advisor to assist students after the meeting;

8.1.1.b.3. Process for engaging faculty and other campus resources for academic assistance;

8.1.1.b.4. The university’s student handbook and code of conduct; and

8.1.1.b.5. The academic impact of dropping a course after the prescribed no-fault withdrawal date and the impact of failing a course on eligibility for State-sponsored financial aid programs.

8.2. Prior to the first day of the university’s term of enrollment, each university enrolling a student in the dual enrollment pilot program shall provide to each secondary school counselor or other identified secondary school staff designated to provide counseling services to the students of the secondary school the following information:

8.2.1. A roster of participants from that secondary school who are enrolled at the university and a list of course enrollment for each student participant; and

8.2.2. The date signifying when withdrawal from a course would negatively affect a student participant’s grade.

8.3. The university shall provide each student a comprehensive course syllabus that follows best academic practices and includes, but is not limited to, the following information: learning objectives, course and assignment deadlines, links to university services, contact information for faculty and academic advisors, and any other information necessary to ensure student success.

W. Va. Code R. § 133-19-9 Reporting

9.1. Each institution participating in the dual enrollment pilot program shall maintain records regarding its dual enrollment program as required by W. Va. Code § 18B-14-4(e)(1) through (6).

9.2. Each institution shall submit a report regarding the immediately preceding academic year to the Commission by May 31 each year, on a form and in the manner prescribed by the Chancellor, detailing the information specified in Section 9.1. above.

9.3. If a university fails to submit required information, the Chancellor may withhold payment to, demand repayment from, or suspend the university’s eligibility to continue participating in the dual enrollment pilot program.

9.3.1. If the decision is to suspend a university’s eligibility, prior to such suspension, the Chancellor shall send written notice of noncompliance providing the university with 30 days to submit the data before the suspension goes into effect.

9.3.2. If the decision is to withhold payment, the Chancellor shall send written notice of noncompliance stating that the Commission is withholding funding until the university submits the required data.

W. Va. Code R. § 133-19-10 Notice to Students, Parents or Guardians, and Secondary Schools

10.1. Participating universities shall post notice of their participation in the dual enrollment pilot program and criteria for student participation in the program on their websites and in all general material and other media they use to advertise participation in postsecondary opportunities to secondary school students. The posting shall include the following:

10.1.1. The courses offered at the secondary schools;

10.1.2. A link to where students can get information regarding academic program requirements;

10.1.3. The criteria for student admission;

10.1.4. The timeline for student application submission;

10.1.5. The timeline for course registration for summer, fall, and spring terms;

10.1.6. Current rate of tuition and fees to be paid by the dual enrollment program; and

10.1.7. The cost of textbooks and other course materials.

10.2. A partnering university shall coordinate with a partnering secondary school to present an informational session for interested students and their parents or guardians. The university shall provide appropriate representative(s) who are able to answer questions regarding admission standards and procedures, program and degree requirements, and the costs covered and not covered by the dual enrollment pilot program.

10.3. Each university admitting and enrolling a student in the dual enrollment pilot program shall issue the following to the student participant and the student participant’s secondary school:

10.3.1. Upon enrollment, a preterm notice of admission;

10.3.2. Not later than 21 calendar days after the first day of classes for a term of enrollment, a confirmation of course enrollment listing the courses and hours of enrollment; and

10.3.3. No later than 21 calendar days after the last day of classes for a term of enrollment, a notice of course completion listing grade and hours earned. The university shall provide students an official copy of their transcripts upon request.

10.3.4. Information on how a student may participate in the university’s course evaluation process upon completion of the dual enrollment course.

133CSR19

Series 20 Initial Authorization of Degree-Granting Institutions

W. Va. Code R. § 133-20-1 General

1.1. Scope. -- This rule establishes the policy regarding accreditation and approval of degree-granting institutions which offer degrees above the associate level.

1.2. Authority. -- W. Va. Code §18B-4-7.

1.3. Filing Date. -- May 2, 2013.

1.4. Effective Date. -- May 2, 2013.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 20 which had an effective date of March 29, 2011.

W. Va. Code R. § 133-20-2 Purpose

2.1. The West Virginia Higher Education Policy Commission is responsible for the authorization of any institution, association or organization external to or within the state which desires to offer programs or credit-bearing academic courses of higher learning in the State of West Virginia. Authorization is required for all postsecondary providers including: non-profit private institutions, proprietary institutions, out-of-state public institutions, degree-granting entities that offer degrees at the baccalaureate level or above, and entities that use the term “academy,” “college,” “institution,” “university” or similar title, hereafter referred to as institution.

2.2. Prior to offering any course or degree program above the associate level in the state as specified in section 6 of this rule, the entity shall apply to the Commission for authorization to operate in the state. The provisions of this rule shall also apply to any course or programs delivered in the state by an out-of-state institution via distance education-based instruction if the institution will have a physical presence in the state.

2.3. This rule is designed to protect consumers and to ensure consumers are offered quality education by postsecondary education providers within the State of West Virginia.

W. Va. Code R. § 133-20-3 Definitions

3.1. “Academic credit” means the certification of a student’s successful completion of a unit of a course of study leading to a formal award granted by an institution approved to offer a collegiate degree such as an associate, baccalaureate, masters or doctorate degree.

3.2. “Accreditation” means a status attained by the institution through voluntarily meeting standards set by a nongovernmental entity recognized by the U.S. Secretary of Education.

3.3. “Authorization” means the status attained by the institution that allows the institution to offer programs and courses within the State of West Virginia. This status is granted by the Higher Education Policy Commission when the institution demonstrates compliance with the requirements for such status.

3.4. "Commission" means the West Virginia Higher Education Policy Commission.

3.5. “Council” means the West Virginia Council for Community and Technical College Education.

3.6. "Course" means a formally organized, structured series of instructional activities open to the general public for which a fee is charged, and for which credit toward a degree either is awarded or may reasonably be understood to be applicable to a degree with the intent of imparting information or understanding at a level appropriate to a postsecondary audience. Instruction may be in face-to-face meetings or delivered electronically or by other means.

3.7. "Degree" means any earned award conferred by a higher educational institution which represents satisfactory completion of the requirements of a program, or course of study, or any instruction beyond or apart from the secondary level of greater duration than eleven months of full-time study.

3.8. "Degree program" means a curriculum or course of study of greater duration than eleven months of full-time study in a discipline or field that leads to a degree.

3.9. "Distance education" means the delivery of any course or degree programs by synchronous or asynchronous technology. Asynchronous or synchronous technology via distance delivery includes all forms of internet, electronic, digital, online, video, and any other technology driven delivery system.

3.10. "Institution" means any person, firm, corporation, association, agency, institute, trust or other entity of any nature whatsoever offering education beyond the secondary level which:

3.10.a. offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward a baccalaureate, masters, doctorate, or other specialized certification/degree designation above the baccalaureate level; or

3.10.b. operates a facility as a college or university or other entity which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or

3.10.c. uses the term "college" or "university," or words of like meaning, in its name or in any manner in connection with its academic affairs or business.

3.11. “Physical presence” means an actual presence in the state, online or on-site, for the purpose of conducting activity related to: a postsecondary educational institution; educational service; dissemination of educational credentials; enrollment, solicitation or advertising. Physical presence as further outlined for purposes of authorization shall include but not be limited to:

3.11.a. An instructional site within the state.

3.11.b. Dissemination of an educational credential from a location within the state.

3.11.c. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or any other activity on behalf of the sponsoring institution.

3.11.d. Advertising, promotional material or public solicitation in any form that targets West Virginia residents through distribution or advertising in the state.

3.11.e. Instructional delivery that receives assistance from any other organization within the state in that delivery.

3.11.f. Clinical experiences, internships, or other similar curricular requirement.

Activities exempt from this definition include: online instructors residing in West Virginia but having no direct, in-person contact with students and individuals participating in college fairs coordinated by the Commission and local school districts.

3.12. “Preliminary status” means six-month period of time that an institution is granted by the Commission to satisfactorily complete preliminary information as required by the regional or other appropriate, acceptable, accrediting association. During this time period, the institution shall not accept students, offer instruction, award credits toward a degree, or award a degree until granted further authorization by the Commission.

3.13. “Probationary status” means that an institution has been authorized by the Commission to enroll students, offer instruction, graduate students and award degrees under the condition that the institution is continuously seeking and making satisfactory progress toward acquiring full accreditation and full state authorization.

3.14. “Reauthorization” is the process by which an institution annually renews its status as an institution authorized to offer programs and courses for West Virginia residents. This status is granted by the Higher Education Policy Commission when the institution demonstrates compliance with the requirements for such status.

3.15. “Religious, theological, or faith–based institution” means a postsecondary institution that offers no degree programs other than those specifically related to the institution’s doctrine. Institutions that offer general degree programs cannot be exempted by this rule as religious, theological, or faith-based.

3.16. “Unearned tuition” means the portion of tuition paid for which the institution has not fulfilled its contractual agreement.

W. Va. Code R. § 133-20-4 Exemptions

4.1. Institutions that clearly qualify as exemptions under this rule and after Commission staff review shall be considered exempt from authorization. Institutional exemption is subject to annual review and/or revocation any time the activity deviates from the original determination factors for exemption. The following institutions shall be exempt from the provisions of this rule:

4.1.a. Any existing institutions of higher education approved to operate in West Virginia prior to the effective date of this rule. Should any such institution, as the result of a change of ownership, or operational status from a non-profit to a for-profit institution, be required to modify its accreditation status from the Higher Learning Commission of the North Central Association, such institution must secure approval for the change(s) from the Higher Education Policy Commission.

4.1.b. Correspondence, business, occupational and trade schools which

4.1.b.1. offer nothing higher than a specialized associate degree,

4.1.b.2. are regulated under West Virginia Code provisions (18B-2B-9) on correspondence, business, occupational and trade schools.

4.1.c. Out-of-state institutions:

4.1.c.1. offering courses through brokering or other collaborative arrangements with a West Virginia public institution of higher education and which support programmatic offerings of the state institution;

4.1.c.2. offering a short course or seminar in which the instruction for the segment takes no more than twenty classroom hours and is not for college credit, or

4.1.c.3. offering courses or programs on a military installation solely for military personnel or civilians employed on such installation.

4.1.d. Non-Degree granting institutions whose programs are designed primarily for job entry or upgrading of skills and are described in clock (contact) hours. These programs typically prepare individuals for employment and do not require courses beyond those specific to the job or its field with program length sufficient to effect outcomes.

4.2. Each institution of higher education which claims to be exempt under the provisions of this section must file with the Commission such information as may be required by the Commission to determine whether the institution is exempt. The written request for an exemption must be received by the Commission at least thirty (30) days prior to the proposed initiation date of a course of instruction. The Commission shall notify the institution in writing indicating whether or not the institution is exempt.

W. Va. Code R. § 133-20-5 Institutional Titles

5.1. An institution shall use within the state a title appropriate to the program and degree it offers in the state.

5.2. No person, firm, association, institution, trust corporation or other entity shall use in any manner within West Virginia the term "college" or "university" or any abbreviation thereof, or any words or terms tending to designate it as, or create the impression that it is an institution of higher education, unless it shall have obtained the appropriate authorization as provided in this rule.

5.3. This section shall not apply to any institution which used the term "college" or "university" prior to the effective date of this rule.

5.4. This section shall not apply to individual proprietorships, associations, co-partnerships or corporations which use the words "college" or "university" in their training programs solely for their employees or customers, which do not offer degree programs, and whose name includes the word "college" or "university" in a context from which it clearly appears that such entity is not an educational institution.

W. Va. Code R. § 133-20-6 Authorization to Operate

6.1. No institution may advertise, solicit, recruit, enroll, or operate a postsecondary education institution until it is authorized for operation in the State of West Virginia by the Commission.

6.2. An institution locating in West Virginia must register with the Secretary of State’s office prior to making any application to the Commission for authorization.

6.3. All institutions and religious, theological, or faith-based colleges offering any degree above the associate level, as specified in section 7.4 of this rule, shall register with the Commission, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.

6.4. All institutions, with the exception of correspondence, business, occupational, and trade schools as defined in Series 35, Correspondence, Business, Occupational and Trade Schools, of the Council for Community and Technical College Education, offering degrees not above the associate level shall register with the Council, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.

6.5. All institutions offering degrees above the associate level shall register with the Commission, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services. Granting of authorization of such institution is the responsibility of the Higher Education Policy Commission.

6.6. Authorization of institutions offering associate degrees is the responsibility of the West Virginia Council for Community and Technical College Education.

6.7. Institutions and religious, theological, or faith-based colleges shall be authorized under the provisions of this rule. Institutions, such as correspondence, business, occupational, and trade schools, exempted under the provisions of section 4 of this rule shall be governed by the provisions of Title 135, Series 35, Correspondence, Business, Occupational and Trade Schools, administered by the Council.

6.8. Institutions which are formed, chartered, or established outside West Virginia and have been fully accredited by a regional accrediting association or by another accrediting body recognized by the U.S. Department of Education and which seek to offer courses and/or academic degree programs within West Virginia shall be authorized by the Commission to offer programs and courses within West Virginia under provisions of section 7.3 of this rule.

6.9. Newly established institutions located in West Virginia and those seeking accreditation by a regional accrediting association and/or by another accrediting body recognized by the U.S. Department of Education, may not offer courses or degree programs without Commission authorization to locate, relocate or establish a branch campus in West Virginia. The institution must seek Commission authorization to offer courses and/or academic programs within West Virginia per the provisions of section 7.2 of this rule.

6.10. Institutions wishing to exceed or change their approved programmatic mission must receive approval from the Commission to offer each program that exceeds the level of academic degrees that the institution is authorized to grant. Documentation must be submitted that specifies the scope of the proposed change, including long-range plans for new degree programs and programs that exceed the level of academic degrees currently authorized for the institution. Requests to exceed an institution’s programmatic mission shall be evaluated based on the following criteria: objectives of proposed program; relationship of program to statewide mission and plan; demonstration of need; effect of new program on existing programs at other institutions; resource availability; qualified faculty and administrators; library holdings and support; facilities and equipment; and, evidence of strength to offer the proposed program.

6.11. An out-of-state institution that seeks to offer online courses and programs in West Virginia and determined to have physical presence in West Virginia is subject to the provisions of section 8 of this rule.

6.12. Before an institution of higher education can be authorized by the Commission to operate within the State of West Virginia, a surety bond must be provided by the institution. The obligation of the bond will be that the institution, its officers, agents and employees will faithfully perform the terms and conditions of contracts for tuition and other instructional fees entered into between the institution and persons enrolling as students. The bond shall be issued by a company authorized to do business in the state. The bond shall be to the Commission in such form as approved by the Commission and is to be used only for payment of a refund of tuition and other instructional fees due a student or potential student. The amount of the bond shall be $100,000 and shall be renewed annually. The Commission, if it deems appropriate, may reduce the amount of the bond if an institution has less unearned tuition than $100,000, but in no event shall be less than $20,000.

6.13. If instruction is to be delivered at a physical location within the State of West Virginia, the applicant institutions must secure, from appropriate local agencies, documentation that fire and sanitation codes are met by the proposed instructional facilities. If such inspections are unavailable, the institution must present a copy of a recent letter from the local inspection agency indicating that such inspections are unavailable. Additionally, instructional delivery sites must be compliant with Americans with Disabilities Act guidelines.

6.14. Institutions seeking West Virginia authorization may withdraw from the authorization process at any time upon written notification to the Vice Chancellor for Academic Affairs of the Higher Education Policy Commission.

W. Va. Code R. § 133-20-7 Procedures for Granting of Authorization

7.1. Process for securing authorization.

An institution which is interested in gaining authorization to operate within the State of West Virginia must follow the prescribed procedures outlined in this rule to be considered for the requested authorization. No institution shall operate until it meets the essential conditions established by the Commission and defined in this rule. Institutional accreditation must be documented or its potential for accreditation established and accepted by the Commission. Institutions authorized to operate pending full accreditation shall pursue full accreditation continuously and shall make reasonable and timely progress toward accreditation in order to retain authorization.

When a change in ownership occurs with an institution, the Commission shall reassess the institution’s authorization status within six (6) months of the notification of the change in ownership.

7.2. Newly established institutions in West Virginia and those seeking accreditation.

Newly established institutions in West Virginia and those seeking accreditation by a regional accrediting association and/or by another accrediting body must seek Commission authorization to offer courses and/or academic programs within West Virginia.

Following is a description of the steps in the authorization process:

7.2.a. It is the responsibility of the applying institution to contact the Secretary of State’s office to determine if registration is required within the state.

7.2.b. A preliminary conference shall be held between the Chief Executive Officer or designee of the institution seeking authorization to operate a degree-granting institution in the State of West Virginia and the Vice Chancellor for Academic Affairs of the Higher Education Policy Commission or designee. The agenda shall include a discussion of criteria to be met by the institution and procedures used in applying for requested authorization.

7.2.c. Following the preliminary conference, the institution shall submit a self-study report including all requested documents and materials related to authorization, including those which address the essential conditions in section 8 of this rule as may be requested. An initial application fee of $6,000 must accompany the submission of documentation for those institutions seeking authorization. The Commission may adjust all fees charged as deemed necessary.

7.2.d. Upon receipt of the completed self-study report and all documentation, the Commission staff shall organize a compliance review committee to visit the site(s) of the institution seeking state authorization. At the discretion of the Commission staff, the compliance visit may take place at the Commission office or other appropriate locations. The principal task of the committee will be to verify that the institution complies with the Commission’s standards for preliminary authorization and to report its findings to the Commission.

The compliance review committee shall be composed of:

7.2.d.1. Persons who are qualified by academic training or professional experience to verify the institution’s compliance with Commission standards for approval.

7.2.d.2. Members of the Commission staff. The Vice Chancellor for Academic Affairs or designee shall serve as chair of the committee.

The visit will be scheduled at a time which is mutually convenient to the institution and the Commission. The institution shall pay the reasonable expenses associated with the compliance review visit.

7.2.e. Following the site visit and review of submitted documentation, the compliance review committee will prepare an analysis of the findings and develop a recommendation for the Commission regarding the institutional application. Only those institutions whose proposed offerings meet state standards of quality will be recommended for authorization. The report will contain:

7.2.e.1. a report by the compliance review committee; and

7.2.e.2. a recommendation by the compliance review committee for action by the Commission regarding granting preliminary authorization as provided for in section 7.2.h of this rule.

7.2.f. A draft of a staff report prepared in accordance with this section will be provided to the institution for correction of factual errors and comment. The institution may provide the Commission a response to the report within ten (10) working days of receipt of the report. The institutional comments will be included with the compliance review committee report presented to the Commission.

7.2.g. An out-of-state institution seeking to establish a campus in West Virginia that holds appropriate accreditation as determined by the Commission and that meets the essential conditions as provided in section 9 of this rule may be granted full authorization by the Commission.

7.2.h. Upon receipt and review of the compliance review committee recommendation, the Commission will consider the institution for Preliminary State Authorization effective for a period of time up to six (6) months. Within that period of time the institution shall satisfactorily complete preliminary information as required by the regional and/or other appropriate accrediting association, and shall not accept students, offer instruction, award credits toward a degree, or award a degree until granted further authorization by the Commission.

7.2.i. If the institution does not hold accreditation, the Commission staff shall request submission of information verifying its accreditation status and/or evidence of "reasonable and timely progress" toward accreditation. Reasonable and timely progress toward accreditation is understood to be a status with the regional accrediting association or an acceptable alternative accrediting association recognized by the U.S. Department of Education (recognition shall be documented) that indicates that the institution has been determined to hold the potential for accreditation and is actively pursuing accreditation within the timetable established by the regional accrediting association (unless an alternative timetable has been presented to and accepted by the Commission).

7.2.j. Once the institution has been accepted for consideration for candidacy by the regional accrediting organization and/or other appropriate accrediting association and has submitted evidence to this fact to the Commission, the institution shall be placed on Probationary Authorization status. The institution shall remain on Probationary status no longer than six (6) years.

7.2.k. If at the discretion of the Commission, satisfactory evidence is not received within six (6) months of the granting date of Preliminary Authorization status, that authorization may be suspended or revoked.

7.2.l. An institution holding Probationary status shall undertake the accreditation process immediately and shall comply with the accreditation requirements and procedures to achieve full institutional accreditation.

7.2.m. Failure to pursue accreditation continuously, as provided in this rule, shall result in loss of state authorization.

7.2.n. Each institution with Probationary State Authorization status shall submit an annual report in a format determined by Commission staff. The annual report should include the following:

7.2.n.1. any changes or additions to information previously submitted as part of the basis for Preliminary State Authorization;

7.2.n.2. copy of current catalog with major changes cited;

7.2.n.3. the latest financial statement from the most recent institutional fiscal year;

7.2.n.4. an enrollment report from the most recent academic year;

7.2.n.5. a list of all institutional personnel including staff, instructors and agents;

7.2.n.6. summary data on student state and federal financial aid;

7.2.n.7. data on student retention;

7.2.n.8. program completion data, as applicable;

7.2.n.9. status of progress toward receiving full accreditation status from accrediting agency; and

7.2.n.10. such other information or clarification deemed necessary by Commission staff for determination of authorization recommendation.

A nonrefundable fee of $500 shall accompany the submission of the annual report while the institution is maintaining Probationary State Authorization status. The Commission may adjust all fees charged as deemed necessary.

7.2.o. Following the on-site accreditation visit and action by the Higher Learning Commission of the North Central Association of Colleges and Schools and/or other appropriate accrediting association, the institution shall immediately notify the Commission which will then assign the institution an authorization status from among the following:

7.2.o.1. Fully authorized, as a result of the decision by the accrediting association to accredit the institution, and having demonstrated compliance with the Essential Conditions.

7.2.o.2. Continuation of Probationary State Authorization. An institution that holds candidacy for accreditation shall submit annual reports to the Commission documenting its progress toward the achievement of accreditation consistent with policy of appropriate accreditation associations. Continuation of this status shall not extend beyond six (6) years.

7.2.o.3. Not authorized as a result of denial of accreditation by the accrediting association.

7.2.o.4. Continuation of Probationary State Authorization status pending an appeal of denial of accreditation by the Higher Learning Commission of the North Central Association. Continuation on these grounds shall only be granted upon showing good cause to the Commission. An institution's final authorization status will be based upon the action taken by the accrediting association.

7.3. Accredited, out-of-state institutions seeking to locate in West Virginia.

Any higher education institution having its principal place of operation outside West Virginia which holds regional or other appropriate accreditation and which desires to offer courses and/or degree programs at a physical location within West Virginia must be authorized by the Commission.

Following is a description of the steps in the authorization process:

7.3.a. It is the responsibility of the applying institution to contact the Secretary of State’s office to determine if registration is required within the state.

7.3.b. The institution must submit an application for approval to the Commission for each course or degree program to be offered at the site. The application should include written unconditional assurance that:

7.3.b.1. Each course or program of study proposed to be offered in West Virginia has been approved by the governing board of the institution, and if applicable, by the appropriate state agency in the state where the main campus of the institution is located.

7.3.b.2. The institution has been approved as necessary by the appropriate agency, if any, in the state where the main campus of the institution is located.

7.3.b.3. The institution offers degree programs at the level for which credit is proposed to be awarded in those programs in West Virginia.

7.3.b.4. The out-of-state institution is authorized by its appropriate accrediting body to offer degree programs outside the state where the main campus is located.

7.3.b.5. Any credit earned in West Virginia can be transferred to the institution's principal location outside West Virginia as part of an existing degree program offered by the institution.

7.3.b.6. The institution offers the same program at the same level at its principal location outside West Virginia that it seeks to offer at a physical location in West Virginia.

7.3.b.7. The institution presents data that projects market demand and availability of openings in the job market to be served by the new program for which the institution is seeking authorization to offer in West Virginia.

7.3.c. In making its determination, the Commission will consider whether the proposed degree programs or courses duplicate existing offerings of other institutions of higher education at the locations for which approval is requested.

7.3.d. Authorization for degree programs may be for a period of up to four years at a specified location with an application for renewal of the authorization required to be filed with the Commission at least ninety days prior to the expiration of the authorization.

Authorization for courses may be granted for a period of one year at a specified location with an application for renewal of the authorization required to be filed annually with the Commission at least ninety (90) days prior to the expiration of the authorization.

7.3.e. Accredited, out-of-state institutions authorized to deliver programs and/or courses for a specified period of time are not subject to the annual reauthorization provision of section 14 of this rule.

7.3.f. The Commission may waive any or all of the reporting requirements for institutions that are delineated in section 9 of this rule.

7.3.g. Any out-of-state or private accredited institution that is granted authorization shall receive written notification of acceptable status and will be assessed an initial authorization fee not to exceed $500.

7.4. Religious, theological or faith-based institutions To qualify as a religious, theological, or faith-based college, an institution must qualify both as an institution as defined in section 3 of this rule and as a religious institution based on meeting each of the following criteria:

7.4.a. Be a non-profit institution owned, controlled, and operated and maintained by a bona fide church or religious denomination, lawfully operating as a non-profit religious corporation.

7.4.b. Limit the educational program to the principles of that church or denomination, and the diploma or degree is limited to evidence of completion of that education.

7.4.c. Only grant degrees or diplomas in areas of study that contain on their face, in the written description of the title of the degree or diploma being conferred, a reference to the theological or religious aspect of the degree's subject area.

7.4.d. Not market, offer, or grant degrees or diplomas which are represented as being linked to a church or denomination, but which, in reality, are degrees in secular areas of study.

7.4.e. Have obtained exemption from property taxation under state law and shall have submitted a copy of the certificate of this exemption to the Commission.

7.4.f. Additional evidence may be provided by an institution seeking to substantiate that the institution is a religious institution including:

7.4.f.1. Evidence that the institution holds at least pre-accreditation status with a nationally recognized accrediting associations.

7.4.f.2. A statement of institutional mission clearly establishing the mission of the institution as solely religious, and curricula and degree, diploma, or certification programs that clearly support that mission singularly.

7.4.f.3. Other appropriate, substantial, evidence of qualification for state authorization as a religious, theological, or faith-based college.

7.4.g. An institution shall not be eligible for authorization as a religious, theological, or faith-based college if it offers degrees appropriate only for academic institutions, such as, but not limited to, Bachelor of Arts or Bachelor of Science, Master of Arts or Master of Science, Doctor of Philosophy, or other degrees typically offered by academic institutions, regardless of curriculum of course content, unless the degree title includes the religious field of study (e.g., "Bachelor of Arts in Religious Studies"). Institutions authorized as religious, theological, or faith-based colleges also shall not offer degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations. Examples of such degree titles are Bachelor of Business Administration or Master of Business Administration; Bachelor of Education, Master of Education or Doctor of Education; and Doctor of Psychology.

7.4.h. An authorized religious, theological, or faith-based college, its educational programs, its degrees and diplomas, and its honorary degrees, have no state approval or recognition status whatsoever. An institution operating under this authorization shall not state or imply by any means whatsoever that there exists any endorsement by the state or by any agency or agent of the state of the education, documents awarded by the institution, or the institution itself, other than the institution's authorization to operate.

7.4.i. An institution authorized as a religious, theological, or faith-based college is not subject to the annual reauthorization provisions of this rule.

W. Va. Code R. § 133-20-8 Authorization Procedures for Out-of-State Institutions with Physical Presence in West Virginia

8.1. An out-of-state institution with physical presence in West Virginia, as defined in section 3, but no physical location within the state, must abide by the following procedures for initial authorization:

8.1.a. Submit appropriate documentation to discern if physical presence is triggered as defined in section 3 of this rule.

8.1.b. Submit documentation of appropriate accreditation.

8.1.c. If Commission staff determines that the institution’s activities constitute physical presence, the institution shall submit an initial application fee of $500.

8.1.d. The Commission staff may, at its discretion, adjust or waive the application fee.

8.2. The Commission staff, at its discretion, may request additional information from the institution to ascertain whether it meets the essential conditions provided in section 9 of this rule in the determination of the conferral of initial authorization.

8.3. Once initial authorization is conferred by the Commission, authorization for West Virginia physical presence may be for a period of up to four years with an application for renewal of the authorization required to be filed with the Commission at least ninety days prior to the expiration of the authorization.

8.4. Any accredited institution seeking to retain authorized physical presence in West Virginia, will be assessed a reauthorization fee not to exceed $500.

8.5 Institutions authorized under this section are not subject to the reauthorization provisions of section 14 of this rule.

W. Va. Code R. § 133-20-9 Criteria For Authorization Essential Conditions

9.1. Essential Conditions. An institution seeking authorization to operate in West Virginia must meet the following essential conditions established by the Commission. To apply for Preliminary State Authorization the institution must provide to the Commission full documentation that demonstrates fulfillment of the essential conditions including evidence of a critical and compelling regional or statewide need or demand for the specific academic degree programs(s) in the state.

9.1.a. Familiarity with accreditation and state authorization policies and procedures.

The institution shall provide evidence that it is familiar with and understands accreditation procedures of the Higher Learning Commission of the North Central Association and/or other appropriate body and state authorization policies and procedures. The statement should indicate perceived strengths and weaknesses with respect to accreditation criteria and assess the capabilities of the institution in achieving accreditation status. It shall state the name of the accrediting association(s) from which accreditation will be sought. If the institution has secured full accreditation status, a copy of the final accreditation report shall be submitted to the Commission.

9.1.b. Statement of mission.

A statement of mission shall have been developed, formally adopted by the institution's governing body and made public, which defines the basic character of the institution, including a brief description of the educational programs to be offered and their purposes, the students for which the programs are intended, the geographical area served by the institution (or the particular constituency it serves), and a description of how the institution will fit within the broader higher education community. The mission shall be appropriate to an institution of higher education and the institution must plan to award degrees.

9.1.c. Institutional organization, administration, and delivery sites.

9.1.c.1. A governing board that possesses and exercises necessary legal power to establish and review basic policies that govern the institution shall have been formally established. The board shall include among its members some who represent the public interest and are sufficiently autonomous from the administration and ownership to assure the integrity of the institution. The Commission shall be provided a list of the members of the board with a brief resume of each.

9.1.c.2. An executive officer shall be designated by the governing board to provide administrative leadership for the institution. This officer's name, title, current vita and the address of the administrative office, shall be provided to the Commission.

9.1.c.3. If faculty members are employed at the time the application is filed with the Commission, the faculty members’ names, their academic credentials (degrees, previous experience, etc.), and teaching fields shall be identified. If no faculty members have been employed, the institution shall describe the qualifications of the faculty that is to be recruited and the procedures that will be used to find and contract with faculty members.

9.1.c.4. The method of program delivery and/or physical location of course delivery shall be defined. If a program is designed for online delivery, it shall meet best practice guidelines for distance education delivery as outlined by the regional accrediting agency. If the program is designed for traditional classroom delivery, the proposed physical location shall be identified.

9.1.c.5. To assure that instructional delivery sites meet applicable state standards for health and safety, institutions must secure a certificate of occupancy and recent fire inspection report from the State Fire Marshal’s office for each instructional delivery site. These requirements are not applicable if delivery is in a public building that already has regular health, safety, and fire inspections upon receipt of last approved inspection. If the nature of the building is changed, additional inspections will be required.

9.1.c.6. Instructional delivery sites must be compliant with Americans with Disabilities Act guidelines.

9.1.d. Degrees and academic programs.

9.1.d.1. A degree shall be awarded upon successful completion of an educational program. The institution shall provide a list of the degrees it proposes to award.

9.1.d.2. The planned educational programs shall be compatible with the proposed institutional mission. The relationship shall be described in documents provided to the Commission.

9.1.d.3. The academic program proposed for offering shall be appropriately named and be based on fields of study recognized as appropriate for a postsecondary institution. Evidence shall be provided to the Commission that the fields of study upon which the academic programs are to be based are, in fact, so recognized. Such recognition, for example, could be demonstrated by the existence of professional literature in the field; the offering of similar programs in already-accredited institutions, generally; and by the existence of professional organizations related to the field.

9.1.d.4. The content and length of the proposed academic program shall follow practices common to institutions of higher education. The commonly accepted minimum program length is: 60 semester credits for associate’s degrees, 120 semester credits for bachelor’s degrees, 30 semester credits beyond the bachelor’s degree for master’s degrees, 30 semester credits beyond the master’s degree for doctorates.

Academic credit shall be awarded upon completion of each unit of the course of study, leading to a formal award granted by the institution.

Documentation shall be provided to the Commission that lists requirements for each degree program including representative course syllabi specifying goals and requirements, course content, methods of evaluation, and bibliography.

The student-teacher ratio shall be reasonable at all times in keeping with generally accepted teaching modes for the subject matter. The institution must employ at least one full-time faculty for each degree program.

9.1.d.5. Any proposed undergraduate degree program shall include a coherent general education component that is consistent with the institution's mission and appropriate to its educational programs. The undergraduate general education component shall be documented.

General education is defined as follows:

General Education is "general" in several clearly identifiable ways: it is not directly related to a student's formal technical, vocational or professional preparation; it is a part of every student's course of study, regardless of his or her area of emphasis; and it is intended to impart common knowledge, intellectual concepts, and attitudes that every educated person should possess.

The minimum requirement for general education for all undergraduate programs delivered through the traditional distributed curricula is 15 semester credits for technical associate’s degrees, 24 for transfer associate’s degrees, and 30 for bachelor’s degrees. If the general education component is delivered through integrated, embedded, interdisciplinary, or other accepted models, institutions must demonstrate that the program meets minimum requirements equivalent to the distributed model.

9.1.d.6. Student access to all necessary learning resources and support services shall be provided. Necessary resources and support services vary by type of program, but all require some use of library resources. Laboratories may be required for some programs. Support services such as academic advising, financial aid counseling, and support for special, targeted, constituencies may be needed. The institution shall describe the learning resources and support services that it will provide and state how they will be provided to students on a regular, dependable basis.

9.1.d.7. Distance learning instruction, when offered, should be considered part of the total program and be judged by criteria as used for sessions and courses offered by the institution in the regular academic year. Documentation shall be provided to the Commission that shows that academic standards for all programs or courses offered electronically are the same as those for other courses delivered at the institution. Additionally, any programs that are offered primarily through asynchronous or synchronous technology shall meet the standards of good practice for distance education delivery as outlined by the regional accrediting agency.

9.1.e. Admission policies.

Admission policies shall be consistent with the institution’s mission and appropriate to the educational program. The Commission shall be provided with a copy of the institution’s admission policies, policies regarding tuition and fees assessment, and refund policies. The policies shall define the minimum requirements for eligibility for admission to the institution and for acceptance at the specific degree level or into all specific degree programs. These policies and related publications shall provide a true and accurate representation of the institution and its programs when recruiting students.

9.1.e.1. Degree program admission policies must be at least the following:

9.1.e.1.A. baccalaureate degrees must require a high school diploma or equivalency, and

9.1.e.1.B. graduate degrees must require at least a baccalaureate degree from an institution judged to be appropriate by the Commission.

9.1.e.2. These policies and related publications shall provide a true and accurate representation of the institution and its programs when recruiting students.

9.1.f. Financial resources.

The institution shall have financial resources adequate to support start-up activities and sources of funds sufficient to ensure that the institution can sustain itself once students have been admitted. An institution shall continuously ascertain its financial requirements, determine its sources of revenue, plan for current and future needs, and budget its resources accordingly. The Commission shall be provided with:

9.1.f.1. A current financial statement compiled or audited by an independent certified public accountant. If the financial statement is unaudited or internally generated, a copy of the most recent income tax return must also be submitted;

9.1.f.2. A budget listing all sources of income and all Educational and General (E&G) expenditures and specifying the dollar amounts and percentages for each component of the budget for the preceding three fiscal years (including the current year). A projection of expenditures and revenues for the upcoming year should be included.

9.1.f.3. The institution shall demonstrate that it has the financial resources and planning sufficient to realize its mission over an extended period of time. It shall demonstrate that it has adequate financial resources to meet the following: facility maintenance and overhead; staff and faculty payroll; books, supplies, and/or equipment utilized by students; and general operating costs including printing and advertising.

9.1.g. Faculty credentials.

9.1.g.1. The institution shall ensure that each full-time, part-time or adjunct instructional faculty member holds appropriate academic credentials in the program area or discipline in which the faculty member teaches. Each instructional faculty member shall either: (1) possess one or more degrees in an appropriate discipline; or (2) as an alternative to formal academic credentials, demonstrate competence by virtue of prior experience or academic training, or both, which are related to the field in which the instruction will be offered.

9.1.g.2. The institution shall ensure that each full-time, part-time or adjunct instructional faculty member holds academic credentials appropriate to the degree level of the programs or programs in which the faculty member teaches.

9.1.g.2.A. An institution that offers one or more degree programs at the baccalaureate level shall ensure that at least one-third of the instructional faculty, including at least one instructional faculty member teaching in each program, shall hold a doctoral or other terminal degree. All other instructional faculty members who teach in programs at the baccalaureate level shall either: 9.1.g.2.A.(a) Hold a master’s degree; or 9.1.g.2.A.(b) Qualify for a faculty appointment by virtue of scholarly or professional achievements.

9.1.g.2.B. All instructional faculty teaching in a program at the master’s, first professional or doctoral level shall either: 9.1.g.2.B(a) Hold a doctoral or other terminal degree; or 9.1.g.2.B.(b) Qualify for a faculty appointment by virtue of scholarly or professional achievements.

9.1.g.3. An institution must employ faculty members whose highest earned degree presented as the credential qualifying the faculty member to teach at the institution is from an institution accredited by an accrediting body recognized by the U.S. Department of Education. Exceptions may be made only with the prior consent of the Commission.

9.1.h. Evaluation and assessment.

The institution must have a clearly defined process by which the curriculum is established, reviewed, and evaluated. The institution must provide for appropriate and regular evaluation of the institution and its program and course effectiveness including assessment of student learning, retention, graduation rates and student, graduate, faculty and employer satisfaction. The results must be used to ensure and improve quality of instruction.

9.1.i. Tuition policies.

9.1.i.1. A tuition policy shall be developed that provides:

9.1.i.1.A. The total tuition for any specific program shall be the same for all persons enrolled at the same time;

9.1.i.1.B. Tuition charges for programs shall be justifiable, effective on specific dates and applicable to all who enroll thereafter;

9.1.i.1.C. All extra charges and costs shall be revealed to the prospective student before he or she is enrolled;

9.1.i.1.D. The true and accurate costs of courses and program completion must be published and made readily available to all prospective and current students.

9.1.i.2. Institutions that the U.S. Department of Education has approved for eligibility for federal student financial aid must comply with the federal regulations governing institutional refunds. An institution must develop criteria for refunds of tuition and fees and make them available to all students.

9.1.i.3. For institutions not participating in federal Title IV financial aid, criteria for refunds of tuition and fees must be developed and made available to all students and prospective students.

9.1.j. Financial aid.

A policy shall have been developed that provides prospective students and applicants with basic opportunities for student financial aid. This information shall include but not be limited to: (1) types of federal, state, local, private and institutional aid offered to students at the institution; (2) description of the financial aid application process and the method for determining student eligibility for aid; (3) methods and schedules used to determine and disburse financial aid to students; and (4) statement of the rights and responsibilities of financial aid recipients. A copy of the policy must be attached to Commission submission materials.

Information related to student responsibility for repayment of loans and other financial aid must be readily available to students. Consequences relevant to non-payment and delinquent or default repayment of loans must be published and readily available to students.

9.1.k. Library resources.

The institution shall maintain or ensure via current and formal written agreements with other libraries or from other resources that students have adequate access to a library with a collection, staff, services, equipment and facilities that are adequate and appropriate for the purpose and enrollment of the institution. Institutions offering graduate work shall provide library resources that include basic reference and bibliographic works in each field where work is offered and the major journal and serial sets for maintaining currency in each discipline. Utilization of electronic data collections should also be addressed. The institution shall provide clear and concise methods for on-campus and/or remote access of library electronic media resources and there shall be communication to students in a matter to minimize barriers to usage.

9.1.l. Institutional and student records.

9.1.l.1. The institution shall maintain accurate records on all enrolled students. These records minimally shall include:

9.1.l.1.A. Each student’s application for admission and admissions records containing information regarding the educational qualifications of each regular student admitted which are relevant to the institution’s admission standards. Each student record must reflect the requirements and justification for admission of the student to the institution. Admission records must be maintained for five years.

9.1.1.l.B. Transcript of the student’s academic work at the institution shall be retained permanently in either hard copy forms or in a database with backup.

9.1.1.l.C. A record of student academic progress at the institution including programs of study, dates of enrollment, courses taken and completed, grades and indication of the student’s status (graduated probation, etc.).

9.1.1.2. Financial records of the institution must be maintained and open for inspection by properly authorized officials of the Commission pursuant to compliance with confidentiality laws.

9.1.1.3. Institutions administering financial aid programs must maintain a ledger and a record of financial aid administered which includes a chronological record of debits and credits which is understandable to the enrollee.

9.1.l.4. The institution must have policies concerning retention and disposal of records and information-release policies which respect the rights of individual privacy, the confidentiality of records and the best interests of the student and institution.

9.1.l.5. The institution shall have a written plan for the preservation of students’ transcripts by another institution or agency, as well as for access to the transcripts, in the event of institutional closure.

9.1.m. Catalog and official publications.

9.1.m.1. Official publications of the institution shall reflect the institution’s integrity, commitment, and reputation and convey its sense of mission, character, goals and objectives to the public. All information released by the institution must be true and accurate.

9.1.m.2. Official catalogs must describe the institutional mission, requirements for satisfactory completion of degree programs, student policies, information on enrollment, tuition and fees, faculty credentials, academic calendar, student grievance procedure, transferability of credit, and other information specifically applicable to students.

9.1.n. Student grievances.

An institution shall publish and make available to all students the institution’s grievance policies and procedures regarding the receipt, investigation and resolution of student complaints. These policies must include:

9.1.n.1. An appropriate time frame for investigating and resolving the complaint;

9.1.n.2. Safeguards that those persons charged with resolving the complaint are capable of making a fair and impartial judgment;

9.1.n.3. Procedures to ensure that a student will not be subject to unfair actions as a result of an initiation of a complaint proceeding; and

9.1.n.4. The maintenance of records, disposition and other pertinent information concerning institutional complaints for at least five (5) years.

9.1.o. Other criteria deemed to be pertinent.

9.2. The Commission, at its discretion, may waive all or part of the reporting requirements in section 14 of this rule for nationally or regionally accredited institutions seeking authorization to offer credit courses or academic degree programs.

W. Va. Code R. § 133-20-10 Termination of State Authorization

10.1. Termination of state authorization for those institutions not subject to annual reauthorization.

10.1.a. An institution shall provide the Commission with a copy of any notice of warning, suspension, revocation or other adverse action received from any national or regional accrediting agency within five (5) days of receipt of such notice.

10.1.b. The Commission may for good cause, suspend, withdraw or revoke the authorization of an institution to generate or solicit students within the state, place an institution on probation, order refunds to students, or forfeit the institution’s surety bonds, or take any other appropriate action. Good cause shall consist of any one or more of the following:

10.1.b.1. The institution is no longer making reasonable and timely progress toward accreditation while assigned Preliminary or Probationary State Authorization;

10.1.b.2. Loss of accreditation by a nationally or regionally recognized accrediting agency;

10.1.b.3. Cancellation of the institution’s bond by the bonding company and failure to secure a replacement in accordance with this rule;

10.1.b.4. Providing false, misleading, or incomplete information to the Commission;

10.1.b.5. Presenting information about the school which is false, fraudulent, misleading, deceptive, or inaccurate in a material respect to students or prospective students;

10.1.b.6. Refusal to allow reasonable inspection or to supply reasonable information after a written request by the Commission has been received;

10.1.b.7. A final determination that the institution has engaged in conduct prohibited by this rule, and any specified corrective action has not been taken within the required time;

10.1.b.8. Closure of the institution without adequately providing for the completion of students’ classes or course work, without refunding students’ unearned tuition or otherwise discharged the institution’s contractual obligations to the students;

10.1.b.9. Conviction of the owner of an institution for a felony or crime involving administration of the institution or involving Federal Student Assistance programs.

10.1.b.10. Repeated and/or consistent violations of the guidelines found in this rule, particularly in areas such as advertising, fair consumer practices, or operational standards.

10.1.b.11. Exclusion from eligibility to participate in the West Virginia Higher Education Grant Program due to one of the following reasons:

10.1.b.11.A. The institution does not have a signed participation agreement in place; or

10.1.b.11.B. The institution has been deemed ineligible to participate in federal student financial aid programs by the United States Department of Education; or

10.1.b.11.C. The Commission has determined, based upon audits and/or administrative site visits by Commission staff, that the institution has seriously mismanaged higher education grant or other state financial aid funds or lacks adequate institutional controls to manage such funds properly.

10.1.b.12. Failure to submit an acceptable annual report, an incomplete or unsatisfactory annual report, as determined by Commission staff and as referenced in section 14 of this rule.

10.1.c. An institution authorized as a religious, theological or faith-based college that fails to continue to meet the criteria for a religious institution shall have its authorization terminated. The institution shall be so notified in writing. A phase-out period of not more than one additional academic term shall be permitted. An appeal to the Commission may be filed within ten (10) working days. In the absence of a timely appeal the termination shall be final.

10.2. Institutions that are not authorized but offer degrees and/or degree credits in West Virginia shall be notified by certified mail that they shall cease immediately to offer degrees and/or degree credits. The Commission shall initiate appropriate legal action if institutions fail to comply.

10.3. The provisions of section 8 of this rule are only applicable to accredited, out-of-state institutions offering only online instruction in West Virginia and accredited, out-of-state institutions authorized to deliver program and/or courses for a specified period of time.

W. Va. Code R. § 133-20-11 Notification: Appeals

11.1. Once the Commission has received and verified the accuracy of information constituting any of the grounds identified in section 10 or denial of preliminary authorization, the Commission shall notify the institution and its owner in writing of its intent to recommend denial, suspension, withdrawal, revocation, or other adverse action and the grounds for such recommendation.

11.1.a. The owner of the institution may, within ten (10) work days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced within twenty (20) work days of such request at the Chancellor’s office or at such other location convenient to the parties and witnesses as may be designated by the Chancellor.

11.1.b. The hearing shall be conducted by the Chancellor of the Commission or his/her designee, pursuant to the procedures set forth in Chapter 29A, Article 5 of the Code of West Virginia.

11.1.c. The Chancellor or his/her designee may continue the hearing at the request of the institution for good cause shown. Continuance shall not be granted as a matter of right.

11.1.d. If the owner or a representative of the institution does not request a hearing within the requisite time period, the recommendation of the Chancellor or his/her designee shall be deemed unchallenged by the institution and reported to the Commission for final action.

11.2. At the hearing, the grounds for denial, suspension, withdrawal, or revocation of authorization to operate the institution or other adverse action must be established by clear and convincing evidence.

11.3. Irrelevant, immaterial, or unduly repetitious evidence may be excluded from the hearing. Formal rules of evidence as applied in civil cases in the circuit courts of this state shall not be applied. When necessary to ascertain facts not reasonably susceptible of proof under those formal rules evidence not admissible there under may be admitted, except where precluded by statute, if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

11.4. The rules of privilege recognized by the law of this state shall be followed.

11.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

11.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Chancellor or his/her designee; and, may cross-examine witnesses called by the Commission in support of the charges.

11.7. The hearing shall be open to the general public.

11.8. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Commission’s files. All recorded materials shall be transcribed. The Commission shall have the responsibility to make arrangements for the transcription and provision of the reported testimony and evidence to the parties. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

11.9. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

11.10. The Commission may call witnesses to testify in support of charges and may present such other evidence to support its position; and, may cross-examine witnesses called by the charged party in support of its position.

11.11. All parties shall have the right to offer opening and closing arguments.

11.12. Hearings may be continued or adjourned to a later date or different place by the Chancellor or his/her designee by appropriate notice to all parties.

11.13. All motions related to a case set for hearing, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Chancellor at least ten (10) days before the hearing. Pre-hearing motions shall be heard at a pre-hearing conference or at the hearing prior to the commencement of testimony.

11.14. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Chancellor or his/her designee.

11.15. At any time prior to the hearing or thereafter, the Chancellor or his/her designee may hold conferences for the following purposes:

11.15.a. To dispose of procedural requests, pre-hearing motions or similar matters;

11.15.b. To simplify or settle issues by consent of the parties; or,

11.15.c. To provide for the informal disposition of cases by stipulation or agreement.

11.16. The Chancellor or his/her designee may cause such conferences to be held on its own motion or by the request of a party.

11.17. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state.

11.18. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by the Chancellor pursuant to West Virginia Code section 29A-5-1(b).

11.19. Written requests by a party for the issuance of subpoenas duces tecum as provided in section 10.18 of this rule must be received by the Commission no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with West Virginia Code section 29A-5-1(b).

11.20. Any final order entered by the Commission following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of West Virginia Code section 29A-5-3. Such orders shall be entered within sixty (60) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law unless good cause exists to extend such time or by agreement of the parties.

11.21. Findings of fact and conclusions of law shall be recommended to the Commission by the Chancellor or his/her designee and must be approved by a majority of the Commission by vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Commission shall be served upon the institution and/or his or her attorney of record, if any, within ten (10) days after entry by the Commission by personal service or by registered or certified mail.

11.22. The final order may deny preliminary authorization; may suspend, withdraw or revoke the authorization of the institution, place an institution on probation; order refunds to students; order forfeiture of the institution’s surety bond and disbursement of the funds forfeited disbursed to students injured by the institution’s violation of this rule or its enabling statute; or order any other action deemed appropriate by the Commission, up to and including payment of loans, interest and other charges in connection with institution loans caused a student by the institution’s violation of this rule.

11.23. All proceedings pursuant to this rule shall be conducted pursuant to and comply with applicable statute, including, but not limited to, West Virginia Code section 29A-5-1, et seq.

11.24. Any relief a student believes he or she was not rightfully awarded by the Commission pursuant to this rule may be pursued in any other appropriate forum.

W. Va. Code R. § 133-20-12 Notification and Deposit of Records Upon Discontinuance of a Program or Institution

12.1. If an authorized institution, branch campus, or extension program of an authorized institution discontinues operation in this state, its chief executive officer shall notify the Commission of the date of discontinuance and the name and address of the agency where records will be maintained.

12.2. Records shall be permanently maintained and copies may be obtained by authorized parties. Such records shall include but not be limited to information pertaining to the admission of each student and former student and the educational record of each student and former student.

Financial aid records of each student and former student shall be retained consistent with state and federal regulations.

12.3. When an institution decides to cease postsecondary education operations, it must assist students to find alternative means to complete their studies with a minimum of disruption, and inform the Commission of the following:

12.3.a. the planned date of termination of postsecondary education operations;

12.3.b. the planned date for the transfer of student records;

12.3.c. confirmation of the name and address of the organization to receive and hold the student records; and

12.3.d. the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request.

W. Va. Code R. § 133-20-13 Advertisements, Announcements and Other Promotional Materials

13.1. An institution seeking authorization shall adhere to the following principles:

13.1.a. “Advertising” includes any form of public notice however distributed. Within this definition would be virtually all publications and promotional items and efforts that could normally be expected to be seen by significant numbers of prospective students or their sponsors. Examples include catalogs, bulletins, brochures and other institution publications, signs, mailing pieces, radio, television, newspaper, electronic or social media, or any other form of public notice designed to aid in the institution’s recruiting and promotional activities.

13.1.b. An institution shall use its name as shown in its letter of approval from the Commission, together with a complete address, for all advertising and promotional purposes within the state.

13.1.c. All advertisements, announcements and promotional material of any kind which are distributed in West Virginia shall be free from statements that are untrue, deceptive or misleading with respect to the institution, its personnel, its services or the content, accreditation status and transferability of its courses, degree, or certificate programs.

13.1.d. Reference in advertising to accreditation shall name the agency and shall be limited to accreditation currently held by the institution through nationally recognized accrediting agencies as defined and listed by the United States Department of Education.

13.1.e. No advertisement, announcement or any other material produced by or on behalf of an institution of higher education shall in any way indicate that the institution is supervised, recommended, endorsed or accredited by the Commission; neither shall it include the name of the Commission except to assert that the Commission has authorized the institution to operate in the state.

W. Va. Code R. § 133-20-14 Annual Reauthorization

14.1. The Higher Education Policy Commission shall monitor institutional academic quality, an institution’s financial viability, and compliance with the provisions of this rule and West Virginia laws with respect to consumer protection and other matters of state oversight. A reauthorization application must be submitted to the West Virginia Higher Education Policy Commission by November 1 according to the guidelines outlined in Series 52¸ Annual Reauthorization of Degree-Granting Institutions.

133CSR20

133CSR20

Series 22 Grade Point Average for Associate and Baccalaureate Degrees

W. Va. Code R. § 133-22-1 General

1.1. Scope. -- Rule regarding grade-point average required for associate and baccalaureate degrees.

1.2. Authority. -- West Virginia Code §18B-1-1A; 18B-1-4.

1.3. Filing Date. -- December 21, 2017.

1.4. Effective Date. -- January 21, 2018.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 22 dated August 1, 2002.

W. Va. Code R. § 133-22-2 Grade-Point Average Required For Graduation

2.1. Quality points are based on the following point values for each semester hour of credit: "A" - 4, "B" - 3; "C" - 2; "D" - 1 and "F" - 0. The grade point average to be computed for graduation purposes (not necessarily each semester) shall be based upon all work for which the student has registered with the following exceptions:

2.1.a. Courses with grades of "W" and "WP".

2.1.b. Courses in remedial and/or developmental education.

2.1.c. Courses taken on a credit/no credit, pass/fail or satisfactory/unsatisfactory basis where a passing grade is earned.

2.1.d. Courses taken on an audit basis.

2.1.e. Courses which have been repeated under the "D/F Repeat Provisions" of this policy.

2.1.f. Courses which are covered under the "Discretionary Academic Forgiveness Provisions" of this policy.

W. Va. Code R. § 133-22-3 D and F Repeat Provisions

3.1. If a student earns a grade of "D" or "F" (including failures due to regular and/or irregular withdrawal) on a course taken prior to the receipt of a baccalaureate degree, and if that student repeats this course prior to the receipt of the baccalaureate degree, the original grade shall be disregarded and the grade or grades earned when the course is repeated shall be used in determining the grade point average. The original grade shall not be deleted from the student's record. In upper division courses, a student may formally repeat up to eight credit hours, of a grade of “C”, with the written permission of the appropriate head of the academic unit where the student’s major is housed. The privilege of the “D” and “F” repeat is capped at 21 credit hours including any request for a “C” repeat in an upper division course.

W. Va. Code R. § 133-22-4 Discretionary Academic Forgiveness Provisions

4.1. For purposes of grade-point average required for graduation, public colleges and universities shall have discretionary authority to establish academic forgiveness in addition to the "D/F" repeat provisions. However, institutionally established provisions must be consistent with this rule. If institutions elect to disregard prior "D" and/or failing grades, such action must accommodate the following minimal conditions:

4.1.a. Students must not have been enrolled in college on a full-time basis during any semester or term in the last four consecutive years.

4.1.b. Only grades for courses taken at least four years prior to the request for academic forgiveness may be disregarded for grade-point average computation.

4.1.c. In cases where grades may be disregarded for grade-point average computation, these grades shall not be deleted from the student's permanent record.

4.1.d. In instances where students request and gain academic forgiveness from one college or university and then transfer to another institution, the receiving institution is not bound by the prior institution's decision to disregard grades for grade-point average computation.

4.2. The provisions included herein shall be considered as minimum standards for extending academic forgiveness provisions. Consistent with institutional policies and mission, individual colleges and universities may impose more stringent provisions in the area of disregarding prior grades for grade-point average computation for graduation.

4.3. Institutional policies regarding academic forgiveness for grade-point average computation shall be stated in the institutional catalog. In addition to providing information on the manner in which such provisions may be applied at that institution, the catalog and/or such other publications as are appropriate shall inform students that academic forgiveness extended by one institution may or may not be recognized by other institutions in which the student may transfer.

W. Va. Code R. § 133-22-5 Application Only to Graduation Requirements

5.1. Institutional officials shall make clear to students the fact that this regulation pertains only to graduation requirements and not to such requirements for professional certification which may be within the province of licensure boards, external agencies, or the West Virginia Board of Education.

133CSR22

133CSR22

Series 23 Standards and Procedures for Undergraduate Admissions at Four Year Colleges and Universities

W. Va. Code R. § 133-23-1 General

1.1. Scope.--This rule establishes standards and procedures for public undergraduate institutional admissions policies at the State’s public universities.

1.2. Authority.--West Virginia Code §18B-1-4(a)(25).

1.3. Filing Date. -- July 31, 2024.

1.4. Effective Date. -- August 31, 2024.

1.5. Former Rule. -- Amends Title 133, Series 23, dated February 13, 2015.

W. Va. Code R. § 133-23-2 Statement of Principles

2.1. It is the intent of the West Virginia Higher Education Policy Commission (Commission) to provide access to higher educational opportunities commensurate with student interests and abilities. Working toward this end, the Commission continues to encourage the development of academic programs and delivery options which facilitate access and promote college completion. It is further the intent of the Commission that admissions policies at the four-year state-supported institutions of higher education will foster the attainment of these broad goals of access to the highest extent possible within the limits of available educational programs and resources.

2.2. In recognition of the diverse educational programs offered by the different public four-year higher education institutions and the varying kinds of preparation necessary for successful entry into them, the Commission considers it more appropriate to establish basic statewide guidelines and standards than to provide detailed provisions related to admissions criteria and procedures. Accordingly, the Commission has identified certain basic policies and provisions around which the universities shall develop specific institutional admissions policies and practices.

2.3. This rule applies to undergraduate admissions at the State’s public universities. Standards for students enrolled in associate degree programs at universities authorized by the West Virginia Council for Community and Technical College Education to grant associate degrees shall be at least as rigorous as those at the community and technical colleges.

2.4. This rule provides the parameters for the placement of students in required mathematics and English courses that can be applied toward an undergraduate degree.

2.5. The standards for freshman assessment and placement are designed to establish uniform procedures for the placement of students in required courses in mathematics and English that can be applied toward an undergraduate academic degree at each institution.

2.6. The universities shall require students identified as in need of remedial education to enroll in the necessary co-requisite courses or other entry-level college courses with supplementary academic support in the first year of enrollment. The universities may dismiss students who are unsuccessful in completing co-requisite courses.

W. Va. Code R. § 133-23-3 Definitions

3.1. ACT and SAT are college admission tests that are designed to assess academic readiness.

3.2. Conditional admission is the admission of an undergraduate student who does not meet the requirements for regular admission as outlined in section 4 of this rule.

3.3. Continual enrollment is a term that describes student enrollment in consecutive semesters, excluding summer terms.

3.4. Co-requisite courses are credit-bearing courses that provide aligned academic support for basic and required English or mathematics courses. These co-requisite course(s) are a required component of the academic course(s). Co-requisite courses are designed for students who do not meet admission requirements for a required mathematics or English course. In these co-requisite courses, the content is the same as the traditional credit-bearing course, but students are obligated to attend and participate in the academic support programs provided. Student attendance and participation is required to successfully complete the course.

3.5. A diploma is formal documentation and recognition that a student has satisfactorily completed the graduation requirements of a secondary school.

3.6. A high school equivalency diploma is a diploma issued by a state department of education based upon a satisfactory score earned on a nationally recognized test.

3.7. Grade point average (GPA) is the cumulative high school grade point average based on a 4.0 scale.

3.8. International Baccalaureate Diploma Program (IB) means a comprehensive two-year international curriculum designed as a rigorous pre-university course of study that leads to examinations. An institution, at its discretion, may award college credit to students for successful completion of IB courses and examinations.

3.9. Academic support programs include, but are not limited to, modular course delivery; summer boot camps; extra class sessions; accelerated learning program (ALP) model; supplemental instruction; additional lab instruction; tutoring; and/or other instructional strategies which provide additional in-class or outside-class assistance and monitoring of student progress beyond that usually associated with entry-level college credit courses.

3.10. Remedial education is a learning process that occurs after the initial, primary instruction of a subject where the learner is deficient in a particular subject or area. Such courses shall be co-requisite delivery for college-level credit-bearing courses.

3.11. Multiple measures are the use of more than one assessment measure to assess a student’s abilities. Under a multiple measures approach, standardized testing is no longer the primary means of assessing if a student is prepared for college-level coursework.

3.12. Chancellor means the chancellor of higher education as defined in W. Va. Code § 18B-1-2 or his or her designee.

3.13. Secondary school or high school includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

W. Va. Code R. § 133-23-4 Regular Admission Standards

4.1. Students may be admitted to the State’s public baccalaureate institutions on a regular admission basis if they:

4.1.1. Have earned a high school diploma recognized by a state’s department of education, have a minimum 2.0 high school grade-point average (GPA), and have an ACT composite score of at least 18 or an SAT composite score of at least 960; or

4.1.2. Meet high school equivalency exam requirements and have an ACT composite of at least 18 or an SAT composite of at least 960; or

4.1.3. If the student does not have an ACT or SAT score, have a high school diploma and a minimum high school GPA of 2.5.

4.2. Universities may substitute SAT scores for ACT scores by using a conversion chart authorized by the Chancellor to convert the SAT scores to ACT equivalents. Universities shall not require students who only took the SAT to take the ACT at a later time.

4.3. Universities may use an institutionally adopted SAT score to meet admission requirements for students who do not have a high school transcript or high school equivalency diploma.

4.4. Universities may waive the requirement for ACT or SAT scores for students who have graduated from high school or completed high school equivalency requirements more than five years prior to seeking admission to a university.

4.5. Institutions may use, but are not limited to the use of, the following information in determining admission to institutions or institutional programs:

4.5.1. Records of traditional academic performance relative to the specific educational program to which the student seeks entry;

4.5.2. Records of nontraditional learning experiences;

4.5.3. Standardized examinations related to the requirements of the program to which the student seeks entry;

4.5.4. College equivalency examinations such as the College Level Examination Program (CLEP) and special preparatory programs such as the Advanced Placement Program of the College Entrance Examination Board (AP), the IB diploma, and the West Virginia Seal of Biliteracy;

4.5.5. Universities shall not require students who hold a valid West Virginia Seal of Biliteracy to take a proficiency or placement exam for a foreign language. The West Virginia Seal of Biliteracy may count toward six credit hours of a foreign language in the postsecondary setting; and

4.5.6. Recommendations provided by the student and reports of interviews by the institutional admissions team.

W. Va. Code R. § 133-23-5 Conditional Admission Standards

5.1. Universities may grant conditional admission in instances where students do not meet adopted multiple measures for regular admission and institutional officials have evidence that the student has the potential to successfully complete college-level work. Universities may conditionally admit students who do not meet the GPA or ACT standards, but who demonstrate the potential to complete an undergraduate program in accordance with the stipulations listed below. Institutions shall monitor and provide support to conditionally admitted students through the offering of developmental education initiatives and other dedicated academic and student service programs.

5.1.a. Conditionally-admitted students must maintain good academic standing as defined by the institution.

5.1.b. If freshman placement standards require, students shall enroll in co-requisite college-level courses. As necessary, students must enroll in the required co-requisite courses in the first semester of enrollment and maintain continual enrollment until all such requirements are fulfilled.

5.1.c. Students must complete any required developmental education and the provisions of their conditional admission within the first four semesters of enrollment.

5.2. The percentage of first-time, baccalaureate degree-seeking students enrolled conditionally at each institution shall not exceed 10 percent of the Commission census data enrollment. The percentage shall be based upon a three-year rolling average. The Chancellor shall determine the specific process for calculating this average and communicate it to all institutions.

W. Va. Code R. § 133-23-6 Admissions – Core Requirements

6.1. In addition to adopted multiple measures requirements, students must successfully complete the following minimum academic core unit requirements prior to the initial period of enrollment:

6.1.1. Four English (including courses in grammar, composition, and literature);

6.1.2. Three Social Studies (including U.S. studies/history);

6.1.3. Four Mathematics (three units must be Algebra I and higher or Math I or higher; Transitional Math for Seniors will also be accepted). Courses designed as “support courses,” such as Math I Lab or Math I Support, that provide extra instructional time but no additional content are not acceptable as meeting the required four mathematic course core requirements;

6.1.4. Three Science (all courses to be college preparatory laboratory science, preferably including units from biology, chemistry, and physics);

6.1.5. One Arts; and

6.1.6. Two World Language (two units of the same world language; sign language is also acceptable) or the West Virginia Seal of Biliteracy.

6.2. Institutions may employ the following waivers to the above unit requirements:

6.2.1. Universities may waive academic core unit requirements for admission to their institution.

6.2.2. Students admitted with a waiver under the provisions of this section must satisfy any of the curricular deficiencies by successfully completing commensurate college coursework prior to degree completion.

W. Va. Code R. § 133-23-7 Transfer Students and Non-Degree Seeking Students

7.1. Students seeking transfer admission to a state university must be eligible to return to the institution from which they wish to transfer and must meet the institution's basic admission standards. Students attending community and technical colleges who are seeking to transfer into a baccalaureate program must meet the regular institutional criteria for transfer admission. Students with at least 24 transferable credit hours are exempt from meeting regular admission standards outlined in Section 4 of this rule. Institutions may develop policies which require a greater number of credit hours completed prior to exemption from regular admission standards.

7.2. Transfer students must supply the institution with official transcripts reflecting all previous college work prior to admission.

7.3. Non-Degree Students. An institution may admit students on a non-degree basis. By definition, such students are not seeking and are not eligible to pursue a certificate or degree at the institution. Institutions may establish minimum standards for admission of non-degree students.

W. Va. Code R. § 133-23-8 International Students

8.1. International students are required to abide by the same freshman and/or transfer admission requirements as previously stated in this policy.

8.2. International students are not required to present ACT or SAT scores for admission purposes.

8.3. International students must meet English proficiency requirements as established by the institution and must submit scores prior to admission.

8.4. For students educated outside of the United States, original or certified copies of all academic records/transcripts are required. Certified documents must be notarized or attested by the education institution, the Ministry of Education of the country, and/or an evaluation agency that is a member of the National Association of Credential Evaluation Services (NACES) or by other designated officials.

W. Va. Code R. § 133-23-9 Additional Admissions Criteria

9.1. For each incoming freshman registered in an undergraduate degree program, universities shall have on file official high school transcripts, official high school equivalency diploma, or Commission approved high school equivalency test scores. Such documents shall be on file with the institution prior to the end of the first semester of the student's attendance.

9.2. The institutions may validate the secondary school issuing the diploma by a College Entrance Examination Board (CEEB) code, by a state department of education, or by other established procedures determined by the institution.

9.3. Universities may require health and immunization records before or after admission into the institution depending on institutional policy.

9.4. Neither regular nor conditional admission ensures the entry of applicants into specific programs.

W. Va. Code R. § 133-23-10 Institutional Admissions Policies

10.1. Institutions may establish admission standards more rigorous than those established by this rule for basic admission to the institution and/or for admission into specific programs.

10.2. Institutional admissions policies shall be comprehensive and stated in specific terms and shall include the general admissions requirements of the institution, as well as additional requirements for entry into specific programs.

10.3. All institutional admissions policies shall be consistent with existing Commission rules and applicable State and Federal regulations regarding nondiscrimination.

133CSR2

133CSR23

133CSR23

Series 25 Residency Classification for Admission and Fee Purposes

W. Va. Code R. § 133-25-1 General

1.1. Scope. -- Rule regarding residency classification of students for admission and fee purposes.

1.2. Authority. -- West Virginia Code §§18B-10 and 18B-2B-6.

1.3. Filing Date. – March 11, 2019.

1.4. Effective Date. – April 11, 2019.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 25 which had an effective date of June 9, 2017.

W. Va. Code R. § 133-25-2 Classification for Admission and Fee Purposes

2.1. Students enrolling in a West Virginia public institution of higher education shall be assigned a residency status for admission, tuition, and fee purposes by the institutional officer designated by the President. In determining residency classification, the issue is essentially one of domicile. In general, the domicile of a person is that person's true, fixed, permanent home and place of habitation. The decision shall be based upon information furnished by the student and all other relevant information. The designated officer is authorized to require such written documents, affidavits, verifications, or other evidence as is deemed necessary to establish the domicile of a student. The burden of establishing domicile for admission, tuition, and fee purposes is upon the student.

2.2. If there is a question as to domicile, the matter must be brought to the attention of the designated officer at least two (2) weeks prior to the deadline for the payment of tuition and fees. Any student found to have made a false or misleading statement concerning domicile shall be subject to institutional disciplinary action and will be charged the nonresident fees for each academic term theretofore attended.

2.3. The previous determination of a student's domiciliary status by one institution is not conclusive or binding when subsequently considered by another institution; however, assuming no change of facts, the prior judgment should be given strong consideration in the interest of consistency. Out-of-state students being assessed resident tuition and fees as a result of a reciprocity agreement may not transfer said reciprocity status to another public institution in West Virginia.

W. Va. Code R. § 133-25-3 Residence Determined by Domicile

3.1. Domicile within the state means adoption of the state as the fixed permanent home and involves personal presence within the state with no intent on the part of the applicant or, in the case of a dependent student, the applicant's parent(s) to return to another state or country. Residing with relatives (other than parent(s)/legal guardian) does not, in and of itself, cause the student to attain domicile in this State for admission or fee payment purposes. West Virginia domicile may be established upon the completion of at least twelve (12) months of continued presence within the state prior to the date of registration: Provided, That such twelve (12) months' presence is not primarily for the purpose of attendance at any institution of higher education in West Virginia. Establishment of West Virginia domicile with less than twelve (12) months' presence prior to the date of registration must be supported by evidence of positive and unequivocal action. In determining domicile, institutional officials should give consideration to such factors as the ownership or lease of a permanently occupied home in West Virginia, full-time employment within the state, paying West Virginia property tax, filing West Virginia income tax returns, registering of motor vehicles in West Virginia, possessing a valid West Virginia driver's license, and marriage to a person already domiciled in West Virginia. Proof of a number of these actions shall be considered only as evidence which may be used in determining whether or not a domicile has been established. Factors militating against the establishment of West Virginia domicile might include such considerations as the student not being self-supporting, being claimed as a dependent on federal or state income tax returns or on the parents' health insurance policy if the parents reside out of state, receiving financial assistance from state student aid programs in other states, and leaving the state when school is not in session.

W. Va. Code R. § 133-25-4 Dependency Status

4.1. A dependent student is one (1) who is listed as a dependent on the federal or state income tax return of his/her parent(s) or legal guardian or who receives major financial support from that person. Such a student maintains the same domicile as that of the parent(s) or legal guardian. In the event the parents are divorced or legally separated, the dependent student takes the domicile of the parent with whom he/she lives or to whom he/she has been assigned by court order. However, a dependent student who enrolls and is properly classified as an in-state student maintains that classification as long as the enrollment is continuous and that student does not attain independence and establish domicile in another state.

4.2. A nonresident student who becomes independent while a student at an institution of higher education in West Virginia does not, by reason of such independence alone, attain domicile in this state for admission or fee payment purposes.

W. Va. Code R. § 133-25-5 Change of Residence

5.1. A person who has been classified as an out-of-state student and who seeks resident status in West Virginia must assume the burden of providing conclusive evidence that he/she has established domicile in West Virginia with the intention of making the permanent home in this State. The intent to remain indefinitely in West Virginia is evidenced not only by a person's statements, but also by that person's actions. In making a determination regarding a request for change in residency status, the designated institutional officer shall consider those actions referenced in §133-25-3 of these rules. The change in classification, if deemed to be warranted, shall be effective for the academic term or semester next following the date of the application for reclassification.

W. Va. Code R. § 133-25-6 Military

6.1. An individual who is on full-time active military service in another state or a foreign country or an employee of the federal government shall be classified as an in-state student for the purpose of payment of tuition and fees: Provided, That the person established a domicile in West Virginia prior to entrance into federal service, entered the federal service from West Virginia, and has at no time while in federal service claimed or established a domicile in another state. Sworn statements attesting to these conditions may be required. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes.

6.2. Persons assigned to full-time active military service in West Virginia and residing in the state shall be classified as in-state students for tuition and fee purposes. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes.

6.3. Any student living in West Virginia and receiving education or vocational rehabilitation benefits from the U.S. Department of Veterans Affairs shall be charged in-state tuition and fees to attend a West Virginia public institution of higher education so long as such student is considered a “covered individual” as described in 38 U.S.C. §3679, as in effect at any time.

W. Va. Code R. § 133-25-7 Aliens

7.1. Students who meet the domiciliary requirements noted in Sections 3, 4, and 5 of this policy, and who are U.S. Permanent Resident Aliens, Political Asylees or Political Refugees, or who hold an A, E, G, H, I, L, O, P, R, TD, TN, U, or V visa, may apply to be reviewed for in-state residency for tuition purposes.

7.2. Students who hold B, C, D, F, J, K, M, or Q visas are not eligible for establishing in-state residency for tuition purposes.

7.3. Students who meet the domiciliary requirements and who are the beneficiary of a pending I-485 application to adjust status to permanent resident may apply to be reviewed for in-state residency for tuition purposes.

W. Va. Code R. § 133-25-8 Former Domicile

8.1. A person who was formerly domiciled in the State of West Virginia and who would have been eligible for an in-state residency classification at the time of his/her departure from the state may be immediately eligible for classification as a West Virginia resident provided such person returns to West Virginia within a one (1) year period of time and satisfies the conditions of §133-25-3 of these rules, regarding proof of domicile and intent to remain permanently in West Virginia.

W. Va. Code R. § 133-25-9 Appeal Process

9.1. Each institution shall establish procedures which provide opportunities for students to appeal residency classification decisions with which they disagree. The decisions of the designated institutional official charged with the determination of residency classification may be appealed in accordance with appropriate procedures established by the president of the institution. At a minimum, such procedures shall provide that:

9.1.a. An institutional committee on residency appeals will be established to receive and act on appeals of residency decisions made by the designated institutional official charged with making residency determinations.

9.1.a.1. The institutional committee on residency shall be comprised of members of the institutional community, including faculty and at least three, in any event, an odd number. The student representative(s) shall be appointed by the president of the institutional student government association while the faculty representative(s) shall be selected by the campus-wide representative faculty organization.

9.1.a.2. The student contesting a residency decision shall be given the opportunity to appear before the institutional committee on residency appeals. If the appellant cannot appear when the committee convenes a meeting, the appellant has the option of allowing committee members to make a decision on the basis of the written materials pertaining to the appeal or waiting until the next committee meeting.

9.1.b. The residency appeal procedures will include provisions for appeal of the decision of the institutional committee on residency appeals to the president of the institution.

9.1.c. Residency appeals shall end at the institutional level.

Series 26 Underwood-Smith Teaching Scholars Program and Teacher Education Loan Repayment Program

W. Va. Code R. § 133-26-1 General

1.1. Scope. This rule establishes guidelines and procedures which will direct the operation of the Underwood-Smith Teaching Scholars Program and the Teacher Education Loan Repayment Program.

1.2. Authority. West Virginia Code §§ 18C-4-1(b) and 18C-4A-1(c)

1.3. Filing Date. -- April 30, 2025.

1.4. Effective Date. -- May 30, 2025.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect upon August 1, 2030.

W. Va. Code R. § 133-26-2 Definitions

2.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-1-2 and 18C-5-7 apply to this rule in addition to the definitions set forth below:

2.2. “Commission” means the Higher Education Policy Commission, as established by W. Va. Code § 18B-1B-1.

2.3. “Loan Assistance Agreement” means the contractual arrangement entered into between the recipient and the Commission that establishes the requirements the recipient must meet in order to obtain, retain, and renew a Teacher Education Loan Assistance award.

2.4. “Loan Assistance Award” means the Teacher Education Loan Repayment award established by W. Va. Code § 18C-4A-1, et seq.

2.5. “Recipient” or “Scholarship Recipient” means a student who has received an Underwood-Smith Teacher Scholarship or a Teacher Education Loan Repayment award.

2.6. “Scholarship” means the Underwood-Smith Teacher Scholarship established by W. Va. Code § 18C-4-1, et seq.

2.7. “Scholarship Agreement” means the contractual arrangement entered into between the recipient and the Commission that establishes the requirements the recipient must meet in order to obtain, retain, and renew an Underwood-Smith Teacher Scholarship.

2.8. “State Board” means the State Board of Education created by W. Va. Const. Art. XII, § 2 and defined in W. Va. Code § 18-1-1.

2.9. “Vice Chancellor for Administration” or “Vice Chancellor” means the person whose duties and responsibilities related to the administration of financial aid programs is established by W. Va. Code § 18B-4-2 or his or her designee.

W. Va. Code R. § 133-26-3 Funding. [Reserved]

W. Va. Code R. § 133-26-4 Administration

4.1. The Commission and the State Board jointly shall ensure that Underwood-Smith Teaching Scholar award recipients receive additional academic support and training from mentors in their academic field beginning with the freshman year and continuing through degree completion and the teaching obligation.

4.2. Only those institutions that are accredited by an accreditor recognized by the U.S. Department of Education and offer State Board approved programs that lead to teacher certification and West Virginia licensure are eligible to participate in the Underwood-Smith Teaching Scholars Program.

4.3. The Vice Chancellor may deny participation in the Underwood-Smith Teaching Scholars Program to an otherwise eligible institution if:

4.3.1. The institution has not signed a participation agreement with the Commission; or

4.3.2. The U.S. Department of Education has deemed the institution ineligible to participate in federal student financial aid programs; or

4.3.3. The Vice Chancellor determines, based upon audits and/or administrative site visits, that the institution has mismanaged the Underwood-Smith Teaching Scholars Program or other State financial aid funds or lacks adequate institutional controls to manage such funds properly.

W. Va. Code R. § 133-26-5 [Reserved]

W. Va. Code R. § 133-26-6 Scholarship Application Process

6.1. The Commission may distribute applications and advertise the programs in locations convenient to applicants, parents, and others in an effort to attract students from low income backgrounds, ethnic or racial minority students, students with disabilities, and women or minority students who show interest in pursuing teaching careers in critical teacher shortage areas and who are underrepresented in those fields. The Commission may also distribute applications and advertise the program in campus newspapers, agency exhibits, and publications directed at interested parties.

6.2. To apply for the Scholarship, students shall complete the application provided by the Commission by the deadline prescribed by the Vice Chancellor.

W. Va. Code R. § 133-26-7 Scholarship Eligibility Criteria

7.1. Academic ability is the primary criteria for selecting scholarship recipients.

7.2. The Underwood-Smith Teaching Scholars Program award is limited to students who:

7.2.1. Have graduated or are graduating from high school with a cumulative grade point average of at least 3.25 on a 4.0 scale.

7.2.2. Have met the college algebra ready assessment standards and college readiness English, reading, and writing standards as established by the Commission.

7.2.3. Meet any and all selection criteria established by the Vice Chancellor for Administration which may include, but is not limited to, involvement in extracurricular activities, financial need, current academic standing, expression of interest as demonstrated in a self-written essay, and letters of recommendation.

7.2.4. Agree to teach in a critical teacher shortage field at the elementary, middle, or secondary level in a public school in the State.

7.3. To be eligible for an award, the applicant must be a citizen of the United States or if a non-citizen, that individual must hold a valid Employment Authorization Document (EAD), or work permit, issued by the United States Citizenship and Immigration Services (USCIS).

7.4. Recipients shall sign a scholarship agreement which shall fully disclose the terms and conditions under which the recipient must meet a teaching obligation or repay the award.

7.4.1. A recipient may appeal any determination of non-compliance with provisions of the scholarship agreement or provisions of the award by submitting the specific complaint in writing within 30 days of notification of non-compliance to the Vice Chancellor.

7.4.2. The Commission shall not disburse any Underwood-Smith funds until the recipient signs the scholarship agreement and submits it to the Vice Chancellor.

7.5. The recipient has four academic years from the date of the award, or until the recipient meets the requirements to obtain a bachelor’s degree, whichever comes first, to utilize the Scholarship: Provided, That the Vice Chancellor may hold the Scholarship in abeyance for the recipient for up to two years if the recipient provides documentation that he or she is experiencing extenuating circumstances as specified in Subsection 8.2 below and has taken an approved leave of absence from his or her institution.

W. Va. Code R. § 133-26-8 Scholarship Renewal Conditions

8.1. The recipient of an Underwood-Smith Teaching Scholars award is eligible for scholarship renewal if he or she meets the following conditions:

8.1.1. Is enrolled as a full-time student in an institution of higher education in West Virginia accredited by an accreditor recognized by the U.S. Department of Education;

8.1.2. Is pursuing a State Board-approved program of study leading to teacher certification and West Virginia licensure in a critical teacher shortage field at the elementary, middle, or secondary level;

8.1.3. Is maintaining satisfactory academic progress as determined by the institution of higher education the recipient is attending;

8.1.4. Is maintaining a grade point average of at least 3.0 on a 4.0 scale; and

8.1.5. Is in compliance with any other standards the Commission may establish.

8.2. Recipients may request that the Commission defer their Scholarship for up to two years for medical, family bereavement, financial hardship, or other extraordinary circumstances for which the recipient’s institution has granted the recipient a leave of absence: Provided, That such deferment does not extend the recipient’s eligibility for the Scholarship for more than six total academic years.

W. Va. Code R. § 133-26-9 Scholarship Service Obligation

9.1. Each recipient of the Scholarship shall enter into an agreement with the Commission that, within one year after completing the teacher education program, the recipient shall:

9.1.1. Teach full-time in a critical teacher shortage field under contract with a county board of education in a public education program in West Virginia for a period of five consecutive years.

9.1.2. Perform substitute teaching duties with a county board of education in West Virginia in a critical teacher shortage field at the elementary, middle, or secondary level. Credit received will be pro-rated based on the number of days in the public school system year. A minimum of 60 days of substitute teaching is required to earn any credit toward the teaching obligation.

9.2. If extenuating circumstances exist as provided in Subsection 8.2 above, the Vice Chancellor for Administration may extend the period for fulfilling the obligation.

9.3. It is the responsibility of the recipient to provide the Vice Chancellor for Administration with evidence of compliance with teaching requirements by submitting verification of employment on a form provided by the Vice Chancellor by the deadline established by the Vice Chancellor. If the recipient fails to timely submit the employment verification, then the recipient is subject to repayment of the Scholarship in accordance with Section 10 below.

W. Va. Code R. § 133-26-10 Scholarship Repayment

10.1. If a recipient does not fulfill the service obligation, the recipient shall repay the full amount of the scholarship to the Commission.

10.2. In addition to the repayment of the scholarship, the Commission shall charge interest at a rate prescribed by the Vice Chancellor for Administration, which will begin to accrue at the time the repayment period begins.

10.3. Interest shall accrue from the day on which the recipient ceased to fulfill his or her service obligation if the recipient fulfills only a portion of the obligation and is not in an approved forbearance period as provided in Subsection 10.8, or if a recipient is substitute teaching but does not earn enough credit to fulfill any of the obligation and is not in an approved forbearance period as provided in Subsection 10.8.

10.4. In the event of non-compliance, the recipient shall remit payment in full to the Commission within 60 days from the date of non-compliance. In the event of extenuating circumstances, the Vice Chancellor for Administration may approve an alternate payment plan or extend the time period for beginning or fulfilling the teaching obligation.

10.5. A recipient is not in violation of the scholarship agreement while the recipient is:

10.5.1. Pursuing a full-time course of study at an accredited institution of higher education;

10.5.2. Serving, not in excess of four years, as a member of the armed services of the United States; or

10.5.3. Failing to comply with the terms of the agreement due to death or permanent or temporary disability as established by sworn affidavit of a qualified physician.

10.6. As permitted by federal and state law and the terms of the scholarship agreement, the Commission may assess reasonable collection costs, late charges, and attorney fees in the collection of delinquent accounts.

10.7. If extenuating circumstances exist, the Vice Chancellor for Administration, upon receipt of appropriate documentation, may extend the period for fulfilling the obligation. Extenuating circumstances include, but are not limited to, a temporary disability, inability to secure a full-time teaching position, or serious family illness.

10.8. At any time during the repayment period described herein, the Vice Chancellor may grant forbearance to the recipient in order to prevent the recipient from defaulting on the repayment obligation or to permit the recipient to resume honoring the repayment obligation after default.

10.8.1. For purposes of this Subsection, “forbearance” means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled.

10.8.2. The Vice Chancellor may grant forbearance of payments of principal and interest under this Subsection only if he or she reasonably believes, based upon documentation or other evidence provided by the recipient, that the recipient intends to repay the obligation but, due to poor health or other extenuating circumstances, is currently unable to make the scheduled payments.

W. Va. Code R. § 133-26-11 Cancellation of Scholarship Service Obligation

11.1. The Vice Chancellor may cancel a recipient’s service obligation if the recipient:

11.1.1. Becomes permanently and totally disabled as documented by the sworn affidavit of a qualified physician submitted to the Vice Chancellor; or

11.1.2. Dies during the obligation period. The administrator or executor of the recipient’s estate shall submit a copy of the death certificate to the Vice Chancellor.

11.2. The Commission reserves the right to attempt to collect any and all debts due to the State through the process established in W. Va. Code § 14-1-1, et seq. and Section 13 below.

W. Va. Code R. § 133-26-12 Relationship to Other Financial Assistance

12.1. Underwood-Smith Teaching Scholars Program awards plus other financial assistance shall not exceed the cost of attendance at the institution the student is attending. A financial aid officer at the school the recipient is attending shall provide both to the Commission and to the recipient the cost of attendance. Cost of attendance includes the cost of tuition and fees, reasonable allowances for books, educational supplies, room and board, and other expenses necessitated by individual circumstances such as a physical disability.

12.2. Should the scholarship award plus the amount of other financial awards exceed the cost of attendance, the institution’s financial aid officer, in consultation with the recipient, will determine what aid will be reduced. This adjustment shall be to the best advantage of the recipient.

12.3. Institutions shall allow flexibility in the use of institution based financial aid awards so that they can be used in conjunction with the scholarship.

W. Va. Code R. § 133-26-13 Collections

13.1. Institutions and the Vice Chancellor shall exercise due diligence in collecting monetary repayments from scholarship recipients.

13.2. Institutional due diligence means:

13.2.1. Conducting and documenting an entrance interview (individually or in groups) with the scholarship recipient before disbursing funds in an academic year. This requirement may be met by written correspondence if the institution determines that a face-to-face meeting is not practical.

13.2.2. Conducting and documenting an exit interview with the scholarship recipient in which the institution provides the recipient with information necessary to carry out the terms of the scholarship agreement, reminds the recipient of the rights and responsibilities associated with the scholarship, and updates the recipient’s personal information to assist in locating the recipient if he or she fails to keep the institution or the Commission informed of his or her current address.

13.3. Vice Chancellor due diligence means:

13.3.1. Notifying the scholarship recipient of his or her obligations at least twice annually during any deferment period;

13.3.2. Performing regular billing;

13.3.3. Following up past due payments with a series of at least four documented and reasonably spaced attempts to contact the borrower, at least three of which must be in writing at not more than 30-day intervals, before the obligation becomes 150 days past due, provided that the Commission has a current address for the borrower;

13.3.4. Performing address searches when necessary; and

13.3.5. Referring defaulted scholarships more than 150 days past due to the Secretary of the Department of Administration or to a collection agent in accordance with W. Va. Code § 14-1-18a.

13.4. The Commission reserves the right to attempt to collect any and all debts due to the State through the process established in W. Va. Code § 14-1-1, et seq.

W. Va. Code R. § 133-26-14 Teacher Education Loan Repayment Program Eligibility

14.1. The Higher Education Student Financial Aid Advisory Board or its designee shall select recipients to participate in the Teacher Education Loan Repayment Program.

14.2. Eligibility for a loan repayment award is limited to an individual who is currently employed in a public school in West Virginia as a teacher in a critical teacher shortage field or as a school counselor at the elementary, middle, or secondary level in a school or geographic area of critical need.

14.3. The Higher Education Student Financial Aid Advisory Board shall give priority to new teachers and teachers who have previously received a loan assistance award and who agree to teach or are currently teaching a subject area of critical need in a State public school, or are employed as a school counselor at the elementary, middle, or secondary level currently in a geographic area of the State identified as an area of critical need for such a field.

14.4. The Commission shall consult with the State Department of Education annually to determine the subject areas of critical need and the geographic areas of the State in critical need.

W. Va. Code R. § 133-26-15 Loan Repayment Program Application

15.1. The Commission and the Department shall provide application forms to public and private schools in the State via their respective websites and in other locations convenient to potential applicants.

15.2. To apply for the Teacher Education Loan Repayment Program, students shall complete the application provided by the Commission by the deadline prescribed by the Vice Chancellor.

W. Va. Code R. § 133-26-16 Loan Repayment Program Agreement

16.1. Before receiving an award, each eligible teacher shall enter into a loan assistance agreement with the Commission acknowledging that the recipient must fulfill the service obligation of the award or the Commission will cancel it.

16.2. Recipients shall be employed full-time as a teacher or school counselor in a public school in West Virginia in a subject area or geographic area of critical need under contract with a county board for a period of two school years for each year during which the recipient receives loan assistance.

16.3. The Vice Chancellor for Administration may grant a partial award to an eligible recipient whose contract term is for less than a full school year. A partial award is calculated by prorating the full award amount based upon the number of days taught in the school’s calendar year.

W. Va. Code R. § 133-26-17 Loan Repayment Program Awards

17.1. Each award recipient is eligible to receive loan assistance not less than $3,000 annually.

17.1.1. The Vice Chancellor shall determine the loan amount annually.

17.1.2. The loan amount is based upon funding availability.

17.2. The Commission shall pay awards to the recipient’s educational loan provider, not directly to the recipient, only after the Commission determines that the recipient has complied with all the terms of the loan assistance agreement.

17.3. The Commission may terminate a recipient’s award if the recipient does not comply with the terms of the loan assistance agreement.

17.4. Award amounts shall not exceed the applicant’s outstanding loan balance.

17.5. Loans eligible for the loan repayment award are federal student loans in the applicant’s name that were used for educational costs associated with obtaining a degree in school counseling, teaching, or a teaching credential. Parent PLUS Loans are not eligible for loan repayment assistance.

17.6. Loan repayment awards shall not reimburse recipients for payments on loans already made.

17.7. The Higher Education Student Financial Aid Advisory Board shall consider federal teacher loan forgiveness programs when calculating awards.

17.8. Recipients shall annually submit proof of fulfillment of the terms of the loan assistance agreement to the Commission in accordance with the loan assistance agreement. The Vice Chancellor may cancel the award if the recipient does not submit proof of fulfillment of the terms of the loan assistance agreement by the required deadline.

17.9. The Vice Chancellor will remit half of the annual award after the recipient fulfills the first year of the service obligation required by the loan assistance agreement and the second half of the annual award after the recipient fulfills the second year of the service obligation.

W. Va. Code R. § 133-26-18 Loan Repayment Program Renewals

18.1. The recipient is eligible for renewal of loan assistance only during the periods when the recipient is under contract with a county board to teach in a critical teacher shortage field or serve as a school counselor at the elementary, middle, or secondary level in a school or geographic area of critical need.

18.2. A renewal applicant shall complete the obligations of previous loan assistance agreements before the Vice Chancellor may renew an award.

18.3. A renewal applicant who is teaching or serving as a school counselor under a contract with a county school board in a position that is no longer listed as critical need per Subsection 14.4 above is no longer eligible for renewal of the loan assistance award.

18.4. Based on the availability of funds, the Vice Chancellor may establish a total cumulative amount of the loan assistance award that a recipient can receive.

W. Va. Code R. § 133-26-19 Cancelation of Loan Repayment Service Obligation

19.1. The Vice Chancellor may cancel a recipient’s service obligation under the same conditions and in the same manner as set forth in Section 11 of this rule.

W. Va. Code R. § 133-26-20 Loan Assistance Deferment

20.1. The Vice Chancellor may defer a recipient’s service obligation if the recipient experiences extenuating circumstances as described in Subsection 8.2 of this rule.

133CSR26

Series 28 West Virginia Engineering, Science and Technology Scholarship Program

W. Va. Code R. § 133-28-1 General

1.1. Scope. -- This rule clarifies and implements the West Virginia Engineering, Science and Technology Scholarship Program (WV STEM Program).

1.2. Authority. -- W. Va. Code §18C-6-1(b).

1.3. Filing Date. -- February 29, 2024.

1.4. Effective Date. – March 29, 2024.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 133-28-2 Definitions

2.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-1-2 and 18C-6-2 apply to this rule in addition to the definitions set forth below:

2.2. “Applicant” means a student who has applied for an initial award or renewal award of a West Virginia Engineering, Science, and Technology Scholarship, but has not yet been awarded the scholarship.

2.3. “Commission” means the Higher Education Policy Commission established by W. Va. Code § 18B-1B-1.

2.4. “Recipient” means a student who met the criteria for and received or is receiving the West Virginia Engineering, Science, and Technology Scholarship as provided in W. Va. Code § 18C6-1, et seq. and this rule.

2.5. “Vice Chancellor” means the Vice Chancellor for Administration, as that term is defined by W. Va. Code § 18B-4-2, or his or her designee.

W. Va. Code R. § 133-28-3 [Reserved]

W. Va. Code R. § 133-28-4 [Reserved]

W. Va. Code R. § 133-28-5 Number and Amount of Awards

5.1. An award may not exceed the actual cost of tuition and fees at the eligible institution the recipient is attending or $3,000, whichever is less. If the recipient received other aid to be applied to tuition and fees, the student may use the WV STEM Scholarship Program award for other education related expenses so long as the award does not exceed the amount of tuition and fees or $3,000, whichever is less.

5.2. A WV STEM Scholarship Program award plus other financial assistance awarded to the recipient shall not exceed the cost of attendance as determined by the institution the student is attending. Cost of attendance shall include the cost of tuition and fees, reasonable allowances for books, educational supplies, room and board, and other expenses necessitated by individual circumstances such as a physical disability.

W. Va. Code R. § 133-28-6 Application Process

6.1. To apply for the WV STEM scholarship, students shall complete the application on a form and by a deadline prescribed by the Vice Chancellor.

W. Va. Code R. § 133-28-7 Scholarship Agreements

7.1. Recipients shall sign a scholarship agreement as outlined in W. Va. Code § 18C-6-4 and on a form provided by the Vice Chancellor.

7.2. In addition to academic criteria, the Vice Chancellor for Administration may consider the following in the selection of WV STEM Scholarship recipients: established statewide need for workers in STEM-related fields; student’s current academic standing, standardized test scores, involvement in extracurricular activities, and financial need; a written essay in which the applicant expresses her/his interest in a career in STEM-related fields; and reference letters from former teachers or faculty members.

W. Va. Code R. § 133-28-8 Service Obligation

8.1. Each recipient of the WV STEM Scholarship shall enter into an agreement with the Vice Chancellor for Administration in accordance with W. Va. Code § 18C-6-4, which agreement shall be on a form prescribed by the Vice Chancellor for Administration and contain at least the following:

8.1.1. Unless granted a deferment as set forth in Section 10, agree that within one year after ceasing to be a full time student at an eligible institution in an eligible STEM program for which the scholarship was awarded she or he shall:

8.1.1.a. Begin working full-time in an approved STEM field in this State for a duration of not less than one year for each year the scholarship was received, or

8.1.1.b. Begin repayment of all or part of the WV STEM Scholarship Program award(s) received plus interest and, if applicable, reasonable collection fees.

8.2. It is the responsibility of the recipient to provide the Vice Chancellor for Administration with evidence of compliance with the in-state employment requirement.

W. Va. Code R. § 133-28-9 Monetary Repayment

9.1. A recipient who violates the service obligation or scholarship agreement shall repay the amount of any scholarship award received, plus interest, and, where applicable, reasonable collection fees on a schedule and at a rate as set forth below.

9.2. The Vice Chancellor for Administration shall charge interest at rate of five percent (5%) per year Interest will begin to accrue at the time the repayment period begins.

9.3. As permitted by federal law, applicable State regulations, and the terms of the scholarship agreement, the Vice Chancellor may assess reasonable collection costs, late charges and attorney fees in the collection of delinquent accounts.

9.4. The length of the repayment period shall not exceed ten years. However, if extenuating circumstances exist, the Vice Chancellor for Administration, upon receipt of documentation sufficient to demonstrate the circumstance, may extend the period for fulfilling the obligation to 15 years. Extenuating circumstances include, but are not limited to, a temporary disability, inability to secure a full-time position in an approved STEM field, or serious family illness.

9.5. At any time during the repayment period described in Section 9.4, the Vice Chancellor may grant forbearance to the recipient in order to prevent the recipient from defaulting on the repayment obligation or to permit the recipient to resume honoring the repayment obligation after default.

9.5.1. For purposes of this Section, “forbearance” means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled.

9.5.2. The Vice Chancellor may grant forbearance of payments of principal and interest under this Section only if he or she reasonably believes, based upon documentation or other evidence provided by the recipient, that the recipient intends to repay the obligation but, due to poor health or other extenuating circumstances, is currently unable to make the scheduled payments.

9.6. If a recipient fulfils a portion of her or his employment obligation, but not the total obligation due, the Vice Chancellor shall pro-rate the repayment amount based upon number of full months the recipient worked. Interest will accrue from the day on which the recipient ceases to fulfill the obligation.

W. Va. Code R. § 133-28-10 Deferment Provisions

10.1 In addition to the deferment conditions established in W. Va. Code § 18C-6-5, a recipient may be eligible for deferment of the repayment obligation based on extenuating circumstances, including disability, unemployment, or other economic hardship; Provided, That any such deferment granted by the Vice Chancellor shall be limited to no more than two years. The recipient’s request for deferment shall be accompanied by documentation of the extenuating circumstance sufficient to show the nature and extent of the circumstance.

10.1.1. If the Vice Chancellor approves the deferment request, the recipient may defer making scheduled installment payments and shall not be liable for any interest that might otherwise accrue during the approved deferment period.

10.1.2. In the event of noncompliance with the deferment terms, the recipient shall repay the full scholarship award to the Higher Education Policy Commission within 60 days from the date of noncompliance.

W. Va. Code R. § 133-28-11 Cancellation of Obligation

11.1. A recipient’s service and monetary obligation is excused in the event the recipient:

11.1.1. Becomes permanently and totally disabled as established by sworn affidavit of a physician qualified to make such a determination.

11.1.2. Is deceased. The administrator or executor of the decedent’s estate shall submit copy of the death certificate to the Vice Chancellor in order to cancel the obligation.

W. Va. Code R. § 133-28-12 Appeal Process

12.1 An applicant or institution may appeal in writing to the Vice Chancellor the denial of an application for an initial award or renewal award within 15 days of receiving notification of the decision. The Vice Chancellor shall issue a written decision upholding or reversing the initial decision within 15 days of receipt of the appeal. The decision of the Vice Chancellor is final.

W. Va. Code R. § 133-28-13 Collections

13.1. Institutions and the Vice Chancellor shall exercise due diligence in collecting monetary repayments from scholarship recipients.

13.2. Institutional due diligence means conducting and documenting an exit interview with the scholarship recipient in which the institution provides the recipient with information necessary to carry out the terms of repayment, reminds the recipient of the rights and responsibilities associated with the scholarship funds, updates the recipient’s personal information to assist in locating the recipient if he or she fails to keep the institution or the Vice Chancellor informed of his or her current address, and notifying the Vice Chancellor in writing of a recipient’s separation date.

13.3. Vice Chancellor due diligence means:

13.3.1. Conducting and documenting an entrance interview with the scholarship recipient before disbursing funds in an academic year.

13.3.2. Notifying the scholarship recipient of his or her obligations at least twice annually during any grace or deferment period.

13.3.3. Performing regular billing.

13.3.4. Following up past due payments with a series of at least four documented and reasonably spaced attempts to contact the recipient using his or her last known contact information before the obligation becomes 120 days past due.

13.3.5. Performing searches for addresses and other contact information when necessary.

13.3.6. Referring defaulted scholarships more than 120 days past due to the Secretary of the Department of Administration or to a collection agent for collection of a claim due to the State in accordance with W. Va. Code § 14-1-1, et seq.

13.4. In place of one or more of the procedures outlined above, institutions and the Vice Chancellor may substitute collection techniques that are equally or more effective, Provided, That those collection techniques are allowed by State and federal law.

Series 30 Purchasing

W. Va. Code R. § 133-30-1 General

1.1. Scope.-- This joint rule establishes rules and policies governing and controlling purchase, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment by the West Virginia Higher Education Policy Commission, created pursuant to West Virginia Code §18B-1B-1 and hereinafter referred to as the ”Commission", the West Virginia Council for Community and Technical College Education, created pursuant to West Virginia Code §18B-2B-3 and hereinafter referred to as the “Council” and the institutional boards of governors, created pursuant to West Virginia Code §18B-2A-1 and hereinafter referred to as the “Governing Boards.”

1.2. Authority. -- West Virginia Code §18B-1-6, §18B-5-4 through §18B-5-9.

1.3. Filing Date. – February 9, 2026.

1.4. Effective Date. – March 9, 2026.

1.5. Modification of Existing Rule. – Title 133, Series 30 which had an effective date of September 23, 2016.

W. Va. Code R. § 133-30-2 Definitions

2.1. As used in this rule, all terms have the same meaning as provided in West Virginia Code §18B-1-2, and as follows:

2.1.a. “Bid” means a response by a vendor to a solicitation issued by the Commission. This includes Request for Proposals, Request for Quotations and any other solicitation methodology used by the Commission.

2.1.b. "Buyer" means an individual designated by a chief procurement officer or director of procurement to perform designated purchasing and acquisition functions as authorized by the chief procurement officer/director of procurement.

2.1.c. “Chancellor for higher education” means the chief executive officer of the Commission employed pursuant to West Virginia Code §18B-1B-5.

2.1.d. “Chancellor for community and technical college education” means the chief executive officer of the Council employed pursuant to West Virginia Code §18B-2B-3.

2.1.e. "Commission Office" means the office that houses the Vice Chancellor for Administration and such professional, administrative, clerical and other employees as may be necessary to assist the Vice Chancellor for Administration perform his or her functions, tasks and duties.

2.1.f. "Chief procurement officer" means the individual designated by a president of a state institution of higher education to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for that institution. For the Commission Office and West Virginia Network for Educational Telecomputing, the chief procurement officer is the person designated by the Vice Chancellor for Administration.

2.1.g. "Commodity" means an article which is useful or serviceable, particularly an article of merchandise movable in trade; a good, or service of any kind, including construction; an article of trade or commerce; things that are bought and sold.

2.1.h. “Director of Procurement” means the individual designated by the Vice Chancellor for Administration to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for the Commission Office and West Virginia Network for Educational Telecomputing.

2.1.i. "Essential service" means something basic; a commodity that is necessary, indispensable, or unavoidable and is purchased in a routine, repetitive, and noncompetitive manner.

2.1.j. "Institution(s)" means any public West Virginia university, college, and community and technical college, individually or collectively, created pursuant to West Virginia Code §18B-1-2. For the purposes of this rule, the Commission Office and West Virginia Network for Educational Telecomputing shall also be considered institutions.

2.1.k. "F.O.B. destination" and "free on board destination" mean the seller or vendor must transport or pay for the transportation of the materials, supplies, equipment, services, and printing, to the point of destination specified in the contract.

2.1.l. “Governing Boards” or “Boards” means the institutional boards of governors created pursuant to West Virginia Code §18B-2A-1.

2.1.m. “Higher education institution” means an institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended.

2.1.n. “President” means the chief executive officer of a higher education institution.

2.1.o. “Purchase order” means the document issued by the Commission to a vendor for the acquisition of goods and services. A purchase order may also be referred to as a “contract”.

2.1.p. "Sole source" means only one vendor can supply the desired product or service.

2.1.q. "Single source" means that the desired product or service is available from only one supplier because of the uniqueness and characteristics of the product or service offered.

2.1.r. "Responsible bidder" and "responsible vendor" mean a person and/or vendor who have the capability in all respects to perform contract requirements, and the integrity and reliability which will assure good faith performance.

2.1.s. "Responsive bidder" and "responsive vendor" mean a person and/or vendor who has submitted a bid which conforms in all material respects to the invitation to bid.

2.1.t. “Vendor” means a seller of goods and services. A vendor must be registered with the West Virginia Department of Administration prior to the receipt of a purchase order or contract.

2.1.u. “West Virginia Council for Community and Technical College Education” or “Council” means the council created pursuant to West Virginia Code §18B-2B-1.

2.1.v. “West Virginia Higher Education Policy Commission” or “Commission” means the commission created pursuant to West Virginia Code §18B-1B-1.

2.1.w. “Vice Chancellor for Administration” means that person employed by the Commission with the advice and consent of the Council in accordance with West Virginia Code §18B-4-2. The Vice Chancellor for Administration shall assume all powers and duties that were assigned to the Senior Administrator.

W. Va. Code R. § 133-30-3 Applicability

3.1. This procedural rule applies to all institutions as defined in Section 2 of this rule.

W. Va. Code R. § 133-30-4 Authority of the Commission and Council

4.1. Pursuant to West Virginia Code §18B-5-4, the Commission and Council shall jointly adopt rules governing and controlling acquisitions, purchases and inventory management of materials, supplies, equipment, services, construction, and printing, and the disposal of obsolete and surplus materials, supplies, and equipment.

W. Va. Code R. § 133-30-5 Authority and Duties of the Vice Chancellor for Administration

5.1. The Vice Chancellor for Administration shall, in the name of the Commission and Council, have the authority and duty to:

5.1.a. Administer and oversee the purchasing system of the Commission, Council and Governing Boards;

5.1.b. Recommend to the Commission and Council additional rules or modifications to this rule as may be required for efficient and cost effective management of purchases, inventorying of materials, supplies, and equipment and disposal of obsolete and surplus materials, supplies, and equipment;

5.1.c. Develop administrative manuals, guidelines, procedures, and forms which shall be followed by the institutions for purchase, acquisition and inventory management, and disposal of obsolete and surplus materials, supplies, and equipment;

5.1.d. Provide for a periodic audit of the institutions for compliance with the rules and policies that have been adopted by the Commission and Council and the administrative manuals, guidelines, procedures and forms developed by the Vice Chancellor for Administration;

5.1.e. If requested, provide assistance to one or more institutions in the purchase, acquisition and inventory management of materials, supplies, equipment, services, construction and printing, and in disposal of obsolete or surplus materials, supplies and equipment; and

W. Va. Code R. § 133-30-6 Delegation of Purchasing Authority and Responsibilities

6.1. The Commission, Council and each Governing Board, through the Vice Chancellor of Administration, or as may be delegated by him or her, shall purchase or acquire materials, supplies, equipment, services, construction and printing as required by that Governing Board or the Commission and Council, as appropriate, and the institution(s) under their jurisdiction. Each Governing Board shall have fiduciary responsibility to ensure that purchases and acquisitions are made within the limits of available appropriations and funds in accordance with applicable provisions of West Virginia Code §5A-2-1 et seq., and for the inventory of materials, supplies and equipment and for disposal of obsolete or surplus materials, supplies and equipment as required by the institution(s) under their jurisdiction.

6.2. In order to assist the Governing Board in carrying out its duties, obligations and responsibilities under this rule, the Board may, by resolution of the Board, delegate authority to the institution’s president who shall have overall control and management of the institution’s purchases, inventory, and disposal of obsolete or surplus materials, supplies and equipment as required by that institution. The president shall appoint a chief procurement officer to assist the president in carrying out the duties, obligations and remedies imposed by the Governing Board and this rule. This appointment shall be made in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General.

6.3. Unless otherwise stated in writing by the president, the chief procurement officer shall have full authority to act as the designee of the president for purchase, acquisition, receipt of and inventory management of all materials, supplies, equipment, services, construction, and printing, and for disposal of obsolete or surplus materials, supplies, and equipment as may be required by the institution.

W. Va. Code R. § 133-30-7 Authority, Duties and Remedies of the Chief Procurement Officer/Director of Procurement

7.1. The chief procurement officer or the director of procurement shall, unless otherwise stated in writing, have full authority to act in matters of institutional purchasing, inventory management and disposal of surplus and obsolete property as the designee of the president, or of the Vice Chancellor for Administration in the case of the Commission and Council Offices and West Virginia Network for Educational Telecomputing, and shall serve as the central procurement officer for the institution. This individual may also fulfill other institutional functions.

7.2. The chief procurement officer or the director of procurement may appoint buyers and delegate authority to them as designees, or to any department within the institution. Delegation of authority by the chief procurement officer or the director of procurement, and any limits thereupon, shall be in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General. Responsibility for ensuring institutional compliance with the West Virginia Code and this rule shall rest with and be the responsibility of the chief procurement officer or director of procurement.

7.3. As required by law and this rule, and consistent with administrative manuals, guidelines and procedures developed by the Vice Chancellor for Administration, the chief procurement officer or director of procurement shall have the duty and/or authority to:

7.3.a. Purchase and contract for the materials, supplies, equipment, services, construction and printing required by the institution;

7.3.b. Establish institutional guidelines and procedures for purchases not exceeding $50,000;

7.3.c. Establish institutional guidelines and procedures for receiving, inventorying and distributing materials, supplies, equipment, services, and printing;

7.3.d. Review specifications and descriptions before soliciting bids or proposals to ensure that they are competitive and fair and do not unfairly favor or discriminate against a particular brand or vendor;

7.3.e. Advertise for bids on all purchases exceeding $50,000, and post or otherwise make available notices of all purchases for which competitive bids or proposals are being solicited by the institution's purchasing office;

7.3.f. Maintain the institution's purchasing files;

7.3.g. Accept or reject any and all bids in whole or in part;

7.3.h. Waive minor irregularities in bids, bidding documents and/or specifications;

7.3.i. Apply and enforce standard specifications;

7.3.j. Manage the institution's inventory of materials, supplies and equipment, authorize transfers to or between institutions, and sell surplus, obsolete or unused materials, supplies, and equipment;

7.3.k. Prescribe the amount of deposit or bond to be submitted with any bid or contract;

7.3.l. Prescribe contract provisions for liquidated damages, remedies and/or other damages provisions in the event of vendor default;

7.3.m. Exempt from competitive bidding purchases of materials, supplies, equipment, services, and printing purchased from within state government, from West Virginia sheltered workshops, from cooperative buying groups and consortia, and from the federal government or federal government contracts when price, availability and quality are comparable to those on the open market;

7.3.n. Perform chemical and physical tests on samples submitted with bids and samples of deliveries to determine compliance with specifications, if deemed necessary and prudent;

7.3.o. Hear and render opinions on vendor complaints and protests;

7.3.p. Ensure vendors are registered with the Department of Administration’s Vendor/Customer File in accordance with the West Virginia Code;

7.3.q. Apply the preference for resident vendors required by the West Virginia Code;

7.3.r. File contracts and purchase orders that exceed the dollar limit required for competitive sealed bidding with the State Auditor;

7.3.s. Submit contracts and purchase orders to the Attorney General for approval or as may be required by law, administrative procedures and guidelines;

7.3.t. Ensure that purchases exceeding the dollar amount for competitive bidding are encumbered and entered into the State’s accounting system as required by West Virginia Code §18B-5-4(g) and §5A-2-1 et. seq.

7.3.u. Apply and enforce other applicable provisions of state and federal laws pertaining to purchases, inventory management and disposal of surplus and obsolete materials, supplies, and equipment.

7.4. Remedies that are available to the chief procurement officer or director of procurement when appropriate circumstances arise include:

7.4.a. In the event that a vendor fails to honor any contractual term or condition, the chief procurement officer or the director of procurement may cancel the contract and re-award the contract to the next lowest responsible and responsive bidder;

7.4.b. Vendors failing to honor contractual obligations may be held responsible for all differences in cost;

7.4.c. Declare a vendor or bid non-responsible or non-responsive and refuse to award a purchase order. All such instances shall be substantiated in writing giving the reason(s) thereof, and such documentation shall be considered a public document available for inspection at all reasonable times; and

7.4.d. Suspend, for a period not to exceed one (1) year, the right of a vendor to bid when there is reason to believe that such vendor has violated any of the provisions of the terms and conditions of a contract, this rule and/or state law.

W. Va. Code R. § 133-30-8 Purchase or Acquisition of Materials, Supplies, Equipment, Services, and Printing

8.1. Unless otherwise authorized by law, all purchases or acquisitions of materials, supplies, equipment, services, and printing shall be awarded by competitive bidding, except as provided in the following paragraphs of this rule:

8.1.a. Purchases not exceeding $50,000;

8.1.b. Competitive sealed proposals;

8.1.c. Competitive selection procedures for professional services;

8.1.d. Sole source and single source procurement;

8.1.e. Emergency procurement;

8.1.f. Open end and federal contracts; and

8.1.g. Essential services.

8.2. Specifications shall be written to maximize and encourage competition. In certain cases, a "brand name or equal" may be used as a specification.

8.3. All purchases and acquisitions shall be made in consideration of and within limits of available appropriations and funds and in accordance with applicable provisions of West Virginia Code §5A-2, relating to expenditure schedules and quarterly allotments of funds.

8.4. Award shall be made to the lowest responsible and responsive vendor. In determining the lowest responsible and responsive vendor, consideration will be given to such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and conditions considered prudent. Unit prices shall prevail in all cases when there is a conflict between the unit price and extended price. In some cases multiple and/or split awards may be made when determined to be in the best interest of the institution. Occasionally, purchase orders may be issued which impose no obligation to take delivery of a product and/or service and as such, these purchase orders shall be issued as blanket purchase orders or price agreements. In situations where vendors are competing to provide a service that will generate income for an institution, the award shall be made to the highest responsible and responsive bidder, taking into consideration the above factors.

8.5. The chief procurement officer or director of procurement may accept or reject, in whole or in part, any bid or proposal when the chief procurement officer or director of procurement believes it to be in the best interest of the institution. If any bid or proposal is rejected, a written explanation shall be placed in the purchasing file.

8.6. When tie bids or proposals are received, the tie shall be broken and an award made by allowing the tied vendors to make a "last and final offer." If a tie bid is not broken by a “last and final offer,” then the tie may be broken by a flip of a coin, draw of the cards or any other impartial method deemed prudent by the chief procurement officer.

8.7. Except for exemptions granted in the West Virginia Code, all material, supplies, equipment, services, and printing made upon competitive bids or proposals shall be subject to any resident vendor preference set forth in the West Virginia Code.

8.8. The chief procurement officer or director of procurement shall determine the applicability and amounts of bonds and/or deposits required of a vendor at any time, if, in his or her judgment, such security is necessary to safeguard the institution from undue risk. The chief procurement officer or director of procurement may require the vendor to submit a certified check, certificate of deposit, performance bond, or any other security acceptable to the chief procurement officer, payable to the institution. Personal checks and/or company checks are not acceptable. When a contract has been satisfactorily completed on which a surety bond or other deposit has been previously submitted, the spending unit shall certify the completion in writing to the chief procurement officer or the director of procurement. The chief procurement officer or director of procurement, upon receipt of the notification, shall return the check or deposit to the vendor.

8.9. Purchases not exceeding $50,000.

8.9.a. The chief procurement officer or the director of procurement shall establish institutional guidelines and procedures for purchases not exceeding $50,000. These guidelines and procedures shall provide for obtaining adequate and reasonable records to properly account for funds and to facilitate auditing. They shall be approved by the president, filed with the Vice Chancellor for Administration and be on file in the institution’s purchasing office and made available to the public upon request.

8.9.b. Purchases in this category do not require competitive bids or quotations.

8.10. Purchasing Card.

8.10.a. The state purchasing card may be used as a payment method as provided in applicable provisions of West Virginia Code §12-3-1 et seq., and as follows:

8.10.a.1. Employee travel expenses when the travel is required by the employee’s job and is for official business of the institution. Expenses that may be paid using the purchasing card are as follows and are limited to $5,000 per transaction or the card limit whichever is less:

8.10.a.1.A. Transportation: Commercial air fare, chartered aircraft service, rail service, commercial rental vehicles, and miscellaneous ground transportation and fees such as shuttle service, taxi service and parking.

8.10.a.1.B. Lodging: Room accommodations only. Any extra charges will be the employee’s responsibility to pay.

8.10.a.1.C. Fuel: Fuel for commercial rental or fleet vehicles only.

8.10.a.1.D. Meals: Meals for employee travel may not be paid using the purchasing card.

8.10.a.1.E. Reconciliation and settlement of employee travel expenses paid by the purchasing card shall be made according to the State Auditor’s procedures, provided the procedures are consistent with the intent of applicable provisions of West Virginia Code §18B-5-4.

8.10.b. Routine and regularly scheduled payments may be made using the purchasing card and are limited to the transaction limit of the card. Routine and regularly scheduled payments mean all payments that have either received Attorney General approval in accordance with statute or do not require such approval, and are made on a regular, predictable and routine basis whether weekly, monthly, annually, or on any other regular schedule.

8.10.b.1. Routine, regularly scheduled payments are limited to the following: association dues; accreditation fees; software licenses and maintenance fees; resale merchandise; maintenance contracts; temporary space rentals; inter-library loan charges; inter/intra-institutional charges; contracts for artists, entertainers, and speakers; open end contracts; license fees of all types; utilities of all types; federal, state and municipal fees and assessments; real property rental fees; postage; books and related items, including those for libraries and bookstores; hospitality expenses; travel expenses; shipping, handling, and freight charges; advertising; subscriptions; periodicals, and publications; athletic and academic team related expenses; and necessary job related medical or drug testing and treatment.

8.10.b.2. In order to provide sufficient accounting and auditing procedures for all purchasing card transactions, each institution shall adopt and effectively use the reconciliation, reporting and payment software for the purchasing card program approved by the State Auditor and the Vice Chancellor for Administration.

8.10.b.3. The Commission and Council may expand the use of the purchasing card for travel and routine and regularly scheduled payments for any institution it determines has the capacity, internal controls and record of effective management to handle the expanded responsibilities.

8.10.c. The Commission and each institution shall maintain a purchasing card that may be used for emergencies declared by the President of an institution and approved by the Chancellor up to the transaction limit of the card as provided in subparagraph 8.16.2.

8.11. Purchases Greater than $50,000.

8.11.a. Competitive sealed bidding is the preferred method for purchase and acquisition of materials, supplies, equipment, services, and printing greater than $50,000.

8.11.b. The chief procurement officer or director of procurement shall advertise for bids on all purchases exceeding $50,000. The advertisement shall appear no less than 5 days prior to the date bids are due.

8.11.c. The chief procurement officer or director of procurement shall, in addition to advertising, post or otherwise make available notice of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of the institution involved in the purchase no less than 5 days prior to making such purchase and shall ensure that the notice is available to the public during business hours.

8.11.d. Bids shall be delivered to the specified location for receipt of bids by the bidder prior to the date and time of the bid opening according to the instruction contained in the request for bids and any addenda or modifications officially issued.

8.11.e. Bids not properly delivered or received after the required time and date shall not be opened and shall be returned to the bidder.

8.11.f. The bid shall be signed by an authorized agent of the bidder. A corporate signature without an individual’s name and signature shall not be construed as an acceptable signature.

8.11.g. Facsimile transmitted bids are not acceptable for bids over $50,000. Facsimile and electronically transmitted modifications are acceptable if the bid price is not revealed.

8.11.h. A bidder may make a written modification to a sealed bid prior to the bid opening, provided modifications are made by the bidder in such a manner that the bid price is not revealed or known until the bid is opened. Written modifications must be received by the chief procurement officer or the director of procurement prior to the date and time of the bid opening. Electronically transmitted modifications are acceptable if submitted prior to the bid opening date and time and the bid price is not revealed.

8.11.i. Originals or copies of bids shall be available for public inspection after the bid opening. Vendors may designate in writing with the bid submission information contained within the bid constituting trade secrets, pursuant to West Virginia Code §29B-1-4(1), which shall be exempt from disclosure. The purchasing files shall be open for public inspection after the award has been made, except for information qualifying for the exemption set out above.

8.11.j. The chief procurement officer or the director of procurement may reject an erroneous bid after the bid opening upon request of the bidder if all of the following conditions exist: (a) an error was made; (b) the error materially affected the bid or proposal; (c) rejection of the bid or proposal would not cause a hardship on the institution other than losing an opportunity to receive materials, supplies, equipment, services, construction and/or printing at a reduced cost; and (d) enforcement of the part of the bid or proposal in error would be unconscionable. In order to reject a bid or proposal, the purchasing file must contain documented evidence that all of the above conditions exist.

8.11.k. Price and other adjustments shall be allowed on any purchase order if specific provisions for adjustments have been incorporated in the prescribed forms and the purchase order. All such requests for adjustments shall be made in accordance with the specific terms and conditions of the individual purchase order. In the event no provision for adjustments has been made, discretion to grant adjustments shall rest with the chief procurement officer.

8.11.l. Every person, firm or corporation selling or offering to sell to the Commission, Council, a Governing Board and its institutions, materials, supplies, equipment, services, construction and printing, upon competitive bid or otherwise, in excess of $50,000 per order, shall be registered with the West Virginia Department of Administration, Purchasing Division, pursuant to West Virginia Code §18B-5-5 and §5A-3-12. Purchase orders in excess of $50,000 may not be issued to any vendor not properly registered with the West Virginia Department of Administration.

8.11.m. Contracts, purchase orders and associated documents such as performance and labor/material payment bonds and certificates of insurance are not required to be approved by the Attorney General provided standard terms and conditions or standardized forms previously approved by the Attorney General are used.

8.11.n. Contracts and purchase orders that exceed the amount set forth in West Virginia Code §18B-5-4 for sealed competitive bidding shall be filed with the State Auditor.

8.12. Vendor's Rights and Duties.

8.12.a. Each vendor is solely responsible for delivery of its bid to the specified prior to the specified date and time of the bid or proposal opening.

8.12.b. If there is a conflict between the extension price and the unit price, the unit price shall prevail.

8.12.c. Any changes made by the vendor in the specifications listed in the bid request must be clearly stated. If changes are not stated, it will be assumed that items offered meet the specifications in all respects.

8.12.d. Vendors are responsible for the accuracy of the information in their bid or proposal and on the bid or proposal envelope.

8.12.e. All sales to the Commission, Council and the Governing Boards are exempt from West Virginia consumer sales tax or excise tax by blanket state exemption and blanket federal exemption.

8.12.f. It is the vendor's exclusive duty and obligation to file protests and requests for reconsideration according to the requirements of Section 9, and for reconsideration of suspension, in accordance with the requirements of Section 10 of this rule; otherwise, they shall be waived.

8.13. Competitive Sealed Proposals.

8.13.a. For purchases above $50,000, competitive sealed bids are the preferred method of procurement; however, if it is either not practicable or advantageous, a contract may be entered into by a request for proposals. The words "practicable" and "advantageous" are to be given ordinary dictionary meanings. The term "practicable" denotes what may be accomplished or put into practical application. "Advantageous" connotes a judgmental assessment of what is in the institution's best interest. The key element in determining advantageousness will be the need for flexibility.

8.13.b. The request for proposal method of purchasing is used to obtain goods and services when sufficient knowledge or expertise does not exist to adequately specify the details of the desired result. The desired result is written into the request for proposals. The vendor responds to the request for proposals with a proposal identifying its intended approach to meet the desired result along with a proposed price or fee. Terms and conditions of the contract shall be included in a request for proposals, along with a pre-established award criteria based on value or points. Whenever desirable, interviews may be conducted with interested parties for clarification and/or determination of qualifications and experience prior to award. Requests for proposals go beyond price alone. They also look at the vendor's ability and resources to furnish the desired service to get the desired result. Quality of service and performance are important considerations. Requests for proposals are primarily used for large dollar projects requiring a high level of expertise on the part of the vendor.

8.14. Competitive Selection Procedures for Professional Services.

8.14.a. The competitive selection procedure for professional services is similar to the process used for competitive sealed proposals; however, greater weight is given to the ability to perform the service as reflected by technical training, education and experience, and in some cases, artistic and aesthetic values and capabilities. In these cases, price may be a secondary consideration.

8.14.b. The competitive selection process for hiring architects and engineers is set forth in Chapter 5G of the West Virginia Code.

8.15. Sole Source and Single Source Procurement.

8.15.a. The chief procurement officer or director of procurement may approve the purchase of materials, supplies, equipment, services and/or printing directly from a vendor without competitive bid or proposals, if any of the following conditions exist: (a) the item cannot be obtained through ordinary purchasing procedures; (b) the item is of unique nature and not available from any other source; or (c) the item is available from a state spending unit or other institution with preference under the West Virginia Code, provided the price, availability and quality are comparable to those in the open market.

8.16. Emergency Procurement.

8.16.a. Emergency purchases exceeding $50,000 must receive the prior written approval of the chief procurement officer or director of procurement unless made according to subparagraph 8.16.2. An emergency situation requiring purchase of materials, supplies, equipment, services, construction or printing must be the result of unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work. Emergency purchases shall not be used for hardship resulting from neglect, poor planning or lack of organization by the spending unit. Competitive bids must be obtained if possible.

8.16.b. The Commission and each institution may maintain a purchasing card for use in and for situations declared an emergency by the president of an institution and approved by the Chancellor. Such emergencies may include but are not limited to partial or total destruction of a campus facility; loss of a critical component of utility infrastructure; heating ventilating, or air conditioning failure in an essential academic building; loss of campus road, parking lot or campus entrance; or a local, regional, or national emergency situation that has a direct impact on the campus.

8.16.c. In the event of an emergency declared by the president of the institution and approved by the Chancellor, the president or his or her designee may authorize the use of an emergency purchasing card by a designated representative in accordance with the procedures set forth in the State Auditor’s Legislative Rule for the purchasing card program.

8.17. Open End Contracts and Federal Contracts.

8.17.a. The Commission, Council or a Governing Board and its institution(s) may enter into open end contracts that were competitively bid for materials, supplies, equipment, services, and/or printing to supply their respective needs in the form of statewide contracts, blanket orders or price agreements. Once issued, purchases and acquisitions may be made from these contracts without securing any other bids or quotations. These contracts may be made available to other institutions, the Commission and Council for their use.

8.17.b. The Commission, Council, a Governing Board and its institution(s) may, without securing any other bids or quotations, make purchases from cooperative buying groups, consortia, the federal government and from federal government contracts if the materials, supplies, equipment, services, and printing to be purchased are available from these groups, consortia, or the federal government and its contracts, and if this is the most financially advantageous manner of making the purchase.

8.18. Essential Services.

8.18.a. Essential services may be purchased and paid for by the Commission, Council, a Governing Board and its institution(s) without securing competitive bids or proposals or issuing purchase orders. Commodities in this category may include but are not limited to utilities of all kinds; postage; items for resale; municipal, county, state, and federal fees; student awards, stipends, loans and grants; shipping and freight charges; tuition and registration fees and refunds thereof; professional dues; etc. The Vice Chancellor for Administration shall issue guidelines for the purchase of and payment for essential services.

8.19. Motor Vehicle Purchase.

8.19.a. The purchase and leasing of motor vehicles shall be consistent with this rule, and guidelines and procedures adopted by the Commission, Council, a Governing Board and the Vice Chancellor for Administration.

8.20. Procurement File.

8.20.a. The chief procurement officer or director of procurement shall maintain a purchasing file for each procurement or acquisition. This file shall contain all relevant information pertaining to such purchase or acquisition, including but not limited to: (a) bids, proposals or quotations received in response to a request for sealed bids or proposals; however, an unopened bid or proposal shall not be considered a public document or record; (b) identification and certification of the successful bid; (c) why any bid or proposal is rejected in whole or in part; (d) justification for award to other than the lowest vendor; and (e) vendor protests or complaints. The purchasing file shall be a public record open to inspection during normal business hours. No records in the purchasing file shall be destroyed without the written consent of the Legislative Auditor, except as set forth in subparagraph 8.20.b.

8.20.b. Those files in which the original documentation has been held for at least one year and in which the original documents have been reproduced and archived on microfilm or other equivalent method of duplication may be destroyed without written consent of the Legislative Auditor. All files, no matter the storage method, shall be open for inspection by the Legislative Auditor upon request.

8.21. Approval of Lease-Purchase Agreements for the Governing Boards.

8.21.a. After the Commission or Council has granted approval for lease-purchase agreements by a Governing Board, the Governing Board may enter into lease-purchase agreements for capital improvements, including equipment. Any lease-purchase agreement exceeding one million dollars in total must have prior approval of the Commission or Council.

8.21.b. Proposals for any lease-purchase agreements shall be made in accordance with West Virginia Code §18B-19-11. The Vice Chancellor for Administration may establish guidelines and a format for receiving, considering and approving such proposals.

8.21.c. Lease-purchase agreements exceeding one hundred thousand dollars must be approved as to form by the Attorney General.

8.22. Lease Agreements for Grounds, Buildings, Office Space or Other Space.

8.22.a. The Commission, Council and Governing Boards have the authority to enter into lease agreements for grounds, buildings, office space or other space in the name of the State for more than one fiscal year but not exceeding forty years under the following conditions:

8.22.a.1. The Commission, Council and institutions shall be responsible for all rent and other necessary payments in connection with the contract of lease; and

8.22.a.2. Satisfactory grounds, buildings, office or other space is not available on grounds and in buildings currently owned or leased.

8.22.b. Before executing any rental contract or lease, the Commission, Council or a Governing Board, as appropriate, shall do the following:

8.22.b.1. Determine the fair rental value of the grounds, building, office space or other space to be leased in the condition in which they exist, and shall contract for or lease the premises at a price not to exceed the fair market value;

8.22.b.2. Leases shall contain, in substance, all of the following provisions:

8.22.b.2.A. That the Commission, Council or Governing Board, as lessee, has the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days' written notice to the lessor at least thirty days prior to the last day of the succeeding month;

8.22.b.2.B. That the lease shall be considered canceled without further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds for the lease or otherwise acts to impair the lease or causes it to be canceled; and

8.22.b.2.C. That the lease shall be considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Commission, Council or the Governing Board before the end of the then-current fiscal year.

8.22.c. The Commission, Council or an institution which is granted any grounds, buildings, office space or other space leased in accordance with West Virginia Code §18B-19-11 may not order or make permanent changes of any type unless the Commission, Council or the Governing Board, as appropriate, has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution. For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing which cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution.

8.22.d. Leases and other instruments for grounds, buildings, office or other space, once approved by the Commission, Council or Governing Board, may be signed by the chief executive officer of the Commission, Council or the institution. A lease and other instrument entered into by a Governing Board that exceeds one million dollars in total must receive prior approval of the Commission or Council, as appropriate, before being executed by the Governing Board or institution.

8.22.e. The Commission or Council shall present to the Joint Committee on Government and Finance for prior review any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisitions of buildings, office space, grounds resulting from a lease entered into pursuant to the provisions of West Virginia Code §18B-19-13, if the transaction exceeds $1 million.

8.22.f. Any lease or instrument exceeding one hundred thousand dollars annually shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.

8.23. The Commission, Council, and institutions, individually or cooperatively, will maximize their use of the following purchasing practices, when determined to provide a financial advantage:

8.23.a. Bulk purchasing;

8.23.b. Reverse bidding;

8.23.c. Electronic marketplaces; and

8.23.d. Electronic remitting.

8.24. The Commission and Council may promulgate additional rules deemed necessary to carry out the provisions of this section, and the Vice Chancellor for Administration may issue procedures for complying with this section.

W. Va. Code R. § 133-30-9 Protests and Reconsideration

9.1. Protests and requests for reconsideration of a decision made by a chief procurement officer or the director of procurement may only be made by a person and/or vendor who is a potential or actual bidder on that particular contract and/or purchase.

9.2. Protests.

9.2.a. Protests based on specifications or improprieties in any type of solicitation which are apparent or should have been apparent prior to the bid or proposal opening or closing date must be filed not later than five calendar days prior to the bid or proposal opening or closing date. A protest of the award must be filed no later than five calendar days following the notice of the institution’s intent to award the contract as posted or otherwise made available in the institution's purchasing office for competitive transactions greater than $50,000. Protests filed prior to five calendar days following the notice of intent to award shall be resolved in accordance with this rule before an award is made. Information regarding awards may be obtained from the institution's purchasing office, and a vendor contemplating a protest has a duty to obtain this information in a timely manner.

9.2.b. The protest must be filed in writing with the chief procurement officer or director of procurement and contain the name and address of the protestor, the requisition number of the bid or the purchase order number, a statement of the grounds for protest and supporting documentation, the relief sought, and if a hearing on the merits of the protest is requested.

9.2.c. The chief procurement officer or director of procurement shall review the protest and issue a decision in writing. In the event a hearing on the merits of the protest is requested by the protestor, the chief procurement officer or director of procurement shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief procurement officer or the director of procurement shall issue a written decision.

9.3. Reconsideration.

9.3.a. Reconsideration of a decision on a protest by the chief procurement officer or director of procurement may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer or director of procurement's written decision, and it shall contain the name and address of the aggrieved party, the requisition or purchase order number, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

9.3.b. The chief financial officer shall review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief financial officer shall issue a decision in writing to the aggrieved party and his or her decision shall be final.

9.3.c. The chief procurement officer or director of procurement and chief financial officer may refuse to decide any protest or reconsideration where the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply where the court requests, expects or otherwise expresses interest in the decision of the chief procurement officer or director of procurement and chief financial officer.

W. Va. Code R. § 133-30-10 Suspension and Reconsideration

10.1. Suspension.

10.1.a. The chief procurement officer or director of procurement shall have authority to suspend, for a period not exceeding one year, the right and privilege of a person to bid on purchases of the institution.

10.1.b. The following shall be considered adequate grounds for suspension of a vendor: (a) a vendor has exhibited a pattern of poor performance in fulfilling its contractual obligation(s) including, but not limited to, providing or furnishing commodities, materials, services or construction late, or at a quantity or quality level below that which is specified in the contract, or repeated instances of poor performance; or (b) the vendor has breached any contract entered into pursuant to the provisions of West Virginia Code §18B-5-4 through §18B-5-9 or this rule, or the vendor has been convicted of any federal or state law punishable as a felony if such conviction is directly related to the performance of a contract entered into pursuant to West Virginia Code §18B-5-4 through §18B-5-9 or this rule. Any such suspension must be imposed within one year of the date of the act, omission, or conviction the suspension is based upon, or within one year of the chief procurement officer's discovery of such act, omission, or conviction.

10.2. Reconsideration.

10.2.a. Reconsideration of a decision on suspension by the chief procurement officer or director of procurement may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer's decision and it shall contain the name and address of the aggrieved party, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

10.2.b. The chief financial officer will review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record prepared. Following the hearing, the chief financial officer will issue a decision in writing to the aggrieved party and his or her decision shall be final.

10.2.c. The chief financial officer may refuse to decide any reconsideration when the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply when the court requests, expects or otherwise expresses interest in the decision of the institution.

10.3. Vice Chancellor for Administration.

10.3.a. An institution that suspends the right and privilege of a vendor to bid on purchases of the institution shall forward a copy of the suspension notice to the chief procurement officer or director of procurement of the Commission Office, who shall maintain a record of such suspension and shall notify all institutions of such suspension.

10.3.b. If the chief procurement officer or director of procurement of the Commission Office determines that the actions of the vendor leading to the suspension by an institution are of a serious enough nature to justify imposition of a system-wide suspension, he or she shall forward the suspension and his or her recommendation to the Vice Chancellor for Administration for review. If the Vice Chancellor for Administration determines that the actions of the suspended vendor justify a system-wide suspension, he or she shall notify the vendor and all institutions of the system-wide suspension.

W. Va. Code R. § 133-30-11 Qualifications of a Buyer and a Chief Procurement Officer

11.1. Buyer.

11.1.a. No person shall be employed as a buyer unless that person, at the time of employment, is either: (a) a graduate of an accredited college or university; or (b) has at least four year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.1.b. Any person making purchases and acquisitions pursuant to this section shall execute a bond in the penalty of fifty thousand dollars, payable to the state of West Virginia, with a corporate bonding or surety company authorized to do business in this state as surety thereon, in a form prescribed by the Attorney General and conditioned upon the faithful performance of all duties in accordance with this rule. In lieu of separate bonds for such buyers, a blanket surety may be obtained. Any such bond shall be filed with the Secretary of State. The cost of any such bond or bonds shall be paid from funds appropriated to the Commission, Council or Governing Board.

11.2. Chief Procurement Officer/Director of Procurement.

11.2.a. From the date of adoption of this rule by the Commission and Council and henceforth, no new person shall be employed as a chief procurement officer or director of procurement unless that person, at the time of employment, is: (a) a graduate of and has received a baccalaureate degree from an accredited college or university; and (b) has at least four year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.2.b. The bonding provisions set forth in subparagraph 11.1.b shall also apply to any person employed as a chief procurement officer or director of procurement.

W. Va. Code R. § 133-30-12 Receiving and Inventory Management

12.1. Receiving.

12.1.a. The chief procurement officer or director of procurement shall establish institutional guidelines and procedures for receiving and distributing materials, supplies, equipment, services, and printing to departments and offices within the institution. These guidelines and procedures shall be consistent with this rule, and they shall be approved by the president, filed with the Vice Chancellor for Administration and shall be on file in the institution’s purchasing office and made available to the public upon request.

12.2. Inventory Management.

12.2.a. The chief procurement officer or director of procurement shall inventory all equipment and furnishings that have a value at the time of purchase or acquisition of $5,000 or more per unit. Such inventory shall be kept current at all times. An institution may elect to inventory equipment and furnishings with a value less than $5,000 per unit.

12.2.b. The chief procurement officer or director of procurement shall set up and maintain the institution's inventory management system on the basis of generally accepted accounting standards. This system shall also conform to the requirements of the Commission, Council, the Governing Board, the state and the federal government as applicable.

12.2.c. The chief procurement officer or director of procurement shall conduct an audit of the institution's inventory, at a minimum, every three years.

W. Va. Code R. § 133-30-13 Disposal of Surplus or Obsolete Materials, Supplies and Equipment

13.1. The chief procurement officer or director of procurement shall identify and inventory the institution's surplus or obsolete materials, supplies and equipment and shall store such materials, supplies and equipment until such time as they may be disposed of in a manner consistent with this rule and state law.

13.2. An institution may dispose of surplus or obsolete materials, supplies and equipment by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise.

13.3. If the method of disposition is other than by transfer to, or exchange or trade with other governmental agencies or institutions, the chief procurement officer or director of procurement shall, at least ten days prior to the disposition, advertise once a week for two consecutive weeks by newspaper publication as a Class II legal advertisement in compliance with the provisions of West Virginia Code §59-3-1 et. seq., in the county where the surplus or obsolete materials, supplies and equipment are located, their availability or sale, in whole or part, at public auction or by sealed bid, as sound business practices may warrant under existing circumstances and conditions.

13.4. An institution may also dispose of surplus or obsolete materials, supplies and equipment through the surplus property unit of the Purchasing Division of the West Virginia Department of Administration; in which case, all of the rules and regulations of the Department of Administration shall be followed.

13.5. Under no circumstances shall any of the property described in this section be sold, transferred or conveyed to any private person, firm or corporation other than at public auction or by sealed bid or as otherwise provided in West Virginia Code §18B-5-7.

13.6. The funds an institution receives from the sale of surplus materials, supplies, and equipment shall be deposited in the State Treasury to the credit on a pro rata basis of the fund or funds from which the purchase of the particular commodities or expendable commodities was made. The Commission, Council or Governing Board may charge and assess reasonable fees related to the costs of care and handling with respect to the transfer, warehousing, sale and distribution of state property that is disposed of or sold.

W. Va. Code R. § 133-30-14 Violations

14.1. Any person who authorizes or approves a purchase contract in a manner in violation of the West Virginia Code, this rule, or any policy or procedure adopted by the Commission, Council and the Governing Board shall be personally liable for the cost of such purchase or contract. Purchases or contracts violating the West Virginia Code and/or this rule shall be void and of no effect.

14.2. Any person receiving anything of value from a known interested party in the awarding of a purchase order shall be subject to the provisions of West Virginia Code §5A-3-28, -29, -30, -31.

14.3. Except as may be authorized by the provisions of Chapter 6B of the West Virginia Code, neither the Commission, Council or a Governing Board, nor any employee of the Commission, Council or a Governing Board, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any equipment, materials, supplies, services, or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the Commission, Council or a Governing Board nor any employee of the Commission, Council or a Governing Board shall accept or receive directly or indirectly, from any person, firm or corporation, known by the Commission, Council, Governing Board or such employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever or any promise, obligation or contract for future reward or compensation.

14.4. Any vendor violating the West Virginia Code or this rule may be suspended from the right to bid on or submit a proposal for institutional purchases for a period of up to one year.

W. Va. Code R. § 133-30-15 Performance Audits

15.1. The Joint Committee on Government and Finance is required by West Virginia Code to conduct performance audits and the Commission or Governing Board shall be responsible for paying the cost of the audit from funds appropriated to the Commission or Governing Board.

15.2. The Commission also has an obligation under West Virginia Code to conduct performance audits of the policies, procedures and results of the procurement of goods and services by the state institutions of higher education and report to the Legislative Oversight Commission on Education Accountability (LOCEA) on the results of the performance audits, together with any recommendations for additional actions that might be taken to improve the efficiency, effectiveness and economy of the administrative operations of the institutions and the Commission.

W. Va. Code R. § 133-30-16 Permitting Private Institutions of Higher Education to Join as Purchasers

16.1. The Commission and Governing Boards shall permit private institutions of higher education to join as purchasers on purchase contracts for materials, supplies, equipment, services, and printing entered into by the Commission and Governing Board or the institutions under the Board’s control. Any private school desiring to join as a purchaser on such purchase contracts shall file with the Vice Chancellor for Administration an affidavit signed by the president of the institution of higher education or a designee, requesting that it be authorized to join as a purchaser on such contracts, and agreeing that it will be bound by such terms and conditions as the Commission or Governing Board may prescribe, and that it will be responsible for payment directly to the vendor under each purchase contract.

Series 32 Tuition and Fee Policy

W. Va. Code R. § 133-32-1 General

1.1. Scope. This rule establishes the policy for the assessment of tuition and fees at West Virginia’s undergraduate public institutions of higher education.

1.2. Authority. West Virginia Code §18B-10-1(d).

1.3. Filing Date. - - March 1, 2023.

1.4. Effective Date. -- April 1, 2023.

1.5. Sunset Date. – This rule shall terminate and have no further force or effect on April 1, 2028.

W. Va. Code R. § 133-32-2 Definitions

2.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-10-1c and 18B-19-2 apply to this rule in addition to the definitions set forth below:

2.1.a. “Administratively exempted schools” means those universities that are not statutorily \exempted, but that have obtained administratively exempt status pursuant to W. Va. Code §18B-1-1f. Administratively exempted schools remain subject to the provisions of this rule.

2.1.b. “Statutorily exempted schools” means West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology; Marshall University; and the West Virginia School of Osteopathic Medicine. The statutorily exempted schools are exempt from the provisions of this rule.

2.1.c. “Higher Education Price Index or HEPI” means the inflation index designed specifically for use by institutions of higher education to track the main cost drivers in higher education and to measure the change in the price of the goods and services purchased by colleges and universities as measured by the Commonfund Institute, a branch of Commonfund, a nonprofit organization devoted to the management of college and university endowments.

2.1.d. “Supplemental fee” means the operational charges or user fees charged to offset the specific costs for providing these services. These fees include, but are not limited to, course, lab, late payments, drug testing, instrument fees, and other services provided to students.

W. Va. Code R. § 133-32-3 [Reserved]

W. Va. Code R. § 133-32-4 Tuition and Fee Increases

4.1. Approval of Tuition and Required Fee Increases.

4.1.a. For the purposes of this rule, calculation of seven percent (7%) shall be based on all required tuition and fee rates charged to all West Virginia resident students.

4.1.b. Tuition increases related to fee simplification proposals that result in an expense neutral change for an in-state student shall not be counted toward the ten percent (10%) allowance exempt from Commission approval.

4.2. The Commission shall communicate annually by February 28 to institutions benchmarks and guidelines for consideration of any increase above seven percent (7%). The benchmarks and guidelines may include, but are not limited to, such items as:

4.2.a. The HEPI, or other appropriate inflationary benchmark, which new appropriations to the institution's base budget for the corresponding fiscal year did not offset;

4.2.b. The per capita income of West Virginia families and their ability to pay for college statewide and specifically as to the county(ies) in which 75% of the institution’s in-state students reside;

4.2.c. Most recent three-year history of tuition rates and increases;

4.2.d. Total sources of student generated revenue, including special fee and program fee rates; and,

4.2.e. Other factors as requested or deemed relevant by the Commission.

4.3. By May 15 annually, each governing board shall provide the Commission with a report that details:

4.3.a. All tuition and fee rates presently charged and the number of students currently being charged the tuition and fees;

4.3.b. The proposed total increase in any tuition and fees for the next fiscal year;

4.3.c. The estimated number of students who will be charged the increased tuition and fees; and,

4.3.d. The estimated increase in revenue to be generated from the increased tuition and fees.

W. Va. Code R. § 133-32-5 Expenditure

5.1. Institutions may expend auxiliary fees on the operations of residence halls, faculty and staff housing, food services, intercollegiate athletics, student unions, bookstores, and other service centers.

5.2. Institutions may spend auxiliary capital fees on debt service, information technology projects, capital projects and campus maintenance and renewal for residence halls, faculty and staff housing, food services, intercollegiate athletics, student unions, bookstores and other service centers and information technology systems.

5.3. Institutions may expend capital fees on debt service, capital projects and facilities maintenance and renewal for facilities that support instruction, research, academic support, student services, institutional support, and operation and maintenance of the physical plant.

5.4. Institutions may expend educational and general fees on instruction, research, academic support, student services, institutional support, operation and maintenance of the physical plant, scholarships and fellowships, and debt service on bonds. Education and general expenditures do not include expenditures for auxiliary enterprises or independent operations. An institution may create a category within Tuition and Required Education and General Fees named Tuition to classify a fee or group of fees charged for instructional services.

5.5. Institutions may charge supplemental fees to offset the cost of providing services such as, but not limited to, courses, labs, late payments, drug testing, musical instruments, art supplies, and other services provided to students.

W. Va. Code R. § 133-32-6 Refunds

6.1. Each governing board must establish a refund policy for students who officially withdraw during a semester that complies with the requirements that the United States Department of Education prescribes for the return of Title IV student financial aid funds.

W. Va. Code R. § 133-32-7 Deferred Payment Plans

7.1. Each Board of Governors may establish a policy that provides deferred payment plan for students allowing them to pay their tuition and fees in installments. The deferred payment plan(s) must provide for full payment prior to the end of the academic term. This policy must address:

7.1.a. The interest rates, if any, that will be charged during the plan.

7.1.b. The type of installment plans available either institutionally or through a third party provider.

Series 33 Anatomical Board

W. Va. Code R. § 133-33-1 General

1.1. Scope. -- This rule establishes the government and operations of the West Virginia Higher Education Policy Commission Anatomical Board.

1.2. Authority. -- West Virginia Code §18B-1-6, §18B-4-8.

1.3. Filing Date. -- December 21, 2017.

1.4. Effective Date. -- January 21, 2018.

1.5. Repeal of Former Rule. -- Repeals and Replaces Title 133, Series 33, dated September 6, 2002.

W. Va. Code R. § 133-33-2 Purpose

2.1. The West Virginia Anatomical Board (Anatomical Board) is established for receiving, recordkeeping and making disposition of dead human bodies for the scientific and educational uses and purposes of higher education institutions within the state and elsewhere.

2.2. The Anatomical Board shall operate consistent with the Revised Anatomical Gift Act (West Virginia Code §16-19-1).

W. Va. Code R. § 133-33-3 Appointments of Members

3.1. The Anatomical Board shall consist of the following four members or their designees: (1) the dean of the West Virginia University School of Dentistry; (2) the dean of the West Virginia University School of Medicine; (3) the dean of the Marshall University School of Medicine; and (4) the dean of the West Virginia School of Osteopathic Medicine.

W. Va. Code R. § 133-33-4 Compensation of Board Members

4.1. All members of the Anatomical Board shall be members of the state's schools of medicine and dentistry and shall not be entitled to, or receive, any compensation for services rendered in their capacity as members of the Anatomical Board.

W. Va. Code R. § 133-33-5 Budget

5.1. The Anatomical Board shall have no budget and, therefore, shall receive no direct allocation of state funds because its functions are financed by the state’s medical and dental schools as an element of their educational expense.

5.2. Marshall University, West Virginia School of Osteopathic Medicine, and West Virginia University each currently operate a Human Gift Registry subject to the Administrative Guidelines of the Anatomical Board. These registries shall be financed as an educational expense of each medical and/or dental school.

W. Va. Code R. § 133-33-6 Administration and Operations

6.1. The Chancellor of the West Virginia Higher Education Policy Commission (Commission) oversees the administration of the Anatomical Board.

6.2. The Anatomical Board shall have the authority to appoint such officers and agents as may be necessary to carry out its operations. The chairperson of the Anatomical Board (the Chairperson), the administrative staff of the Anatomical Board, and location of the administrative office shall be reviewed at each annual meeting.

6.3. The Anatomical Board shall adopt and transmit to the Commission its Administrative Guidelines. By enacting this rule, the Commission specifically adopts, as its own, the Administrative Guidelines of the Anatomical Board.

6.4. The Administrative Guidelines of the Anatomical Board may be amended by the Anatomical Board. When such changes are made, however, the revised Administrative Guidelines shall be forwarded to the Commission.

6.5. The Anatomical Board is charged under West Virginia Code §18B-4-8 with keeping a full and complete record of its transactions, indicating (among other things) every dead human body coming under its authority and giving the name, sex, age, date of death, place from which received, and when and from whom received. This record must be open at all times to the Attorney General of West Virginia and to any prosecuting attorney within the state.

6.6. Each institution which receives bodies under the Anatomical Board's authority shall, upon receipt of such body, file with the Anatomical Board a copy of the Death Certificate and a copy of the Donor Registration Form or Relative Release Form. Each institution in possession of bodies under the Anatomical Board’s authority shall annually submit to the Anatomical Board the status of each body.

W. Va. Code R. § 133-33-7 Reporting Requirements

7.1. The Anatomical Board shall record the minutes of its regular and special meetings and shall forward copies of these minutes to the Chancellor of the Commission. The minutes should include a report of major actions taken, issues discussed, transactions accomplished, and recommendations requiring action by the Commission.

133CSR33

Series 34 Medical Student Loan Program

W. Va. Code R. § 133-34-1 General

1.1. Scope. -- This rule promulgates policy and procedure regarding the medical student loan program.

1.2. Authority. -- W. Va. Code §§18B-1-6 and 18C-3-1.

1.3. Filing Date. -- April 14, 2009

1.4. Effective Date. -- May 14, 2009

1.5. Modification of Existing Rule: Title 133, Series 34, Procedural Rule of the West Virginia Higher Education Policy Commission dated April 27, 2005.

W. Va. Code R. § 133-34-2 Purpose

2.1. The legislation addresses three (3) policy issues: The rising cost of medical education, continued access to medical education by West Virginians and those likely to remain in West Virginia after graduation who demonstrate financial need, and the geographic and specialty maldistribution of physicians. The loan program partially offsets the education and general fees paid by medical students to assure continued access to medical school for qualified West Virginians and those likely to remain in West Virginia after graduation who demonstrate financial need. The loan program also provides loan forgiveness incentives to encourage physicians to practice in designated medically underserved areas or in medical specialties in which there is a shortage of physicians.

W. Va. Code R. § 133-34-3 Administration

3.1. The Vice Chancellor for Administration shall be responsible for overseeing the Medical Student Loan Program.

3.2. The West Virginia University School of Medicine, the Marshall University School of Medicine, and the West Virginia School of Osteopathic Medicine shall be responsible for awarding loans to medical students at their respective institutions and for collecting loan payments.

W. Va. Code R. § 133-34-4 Education and General Fees Dedicated to Program

4.1. The Higher Education Policy Commission (Commission) annually, or at such other times as it may desire, shall set minimum amounts of medical students' education and general fees that the state's three (3) medical schools must reserve for providing medical student loans at their respective institutions and shall assess each medical school a fee to offset the Commission's costs for administration and oversight of the program.

4.2. Effective July 1, 2004, the maximum annual amount for an individual loan shall be $10,000.

4.3. Any unused funds, including education and general fees reserved for the benefit of the Medical Student Loan Program remaining at the end of the fiscal year shall not expire or revert but instead shall carry forward for use by the institution to provide medical student loans during the subsequent fiscal year.

W. Va. Code R. § 133-34-5 Eligibility

5.1. In order to be eligible for this loan, an applicant must meet the following minimum requirements:

5.1.1. Full-time enrollment in an approved state medical school in a program leading to the degree of Doctor of Medicine (M.D.), or Doctor of Osteopathy (D.O.), provided that the individual has not yet received one of these degrees.

5.1.2. . Financial need as determined by the institution's financial aid office.

5.1.3. United States citizenship or legal immigrant status while actively pursuing United States citizenship.

5.2. A borrower may be eligible for renewal of the loan if:

5.2.1. The borrower remains in good academic standing and makes satisfactory progress in keeping with the institutional policy for awarding Title IV financial aid funds.

5.2.2. The borrower's financial circumstances warrant continuation under the standards established by the institution.

5.2.3. There are available funds sufficient to make the award.

5.3. An applicant may not be in default of any previous student loan.

5.4. Priority for loans shall be given to in-state residents.

W. Va. Code R. § 133-34-6 Application and Selection Process

6.1. A student must apply for the award utilizing the institution's standard application process. Typically, this will involve an institutional application and a financial statement. An institution may establish a deadline for applying for the loan.

6.2. Any student applying for a loan must use his or her social security number when submitting an application. The social security number will be used to verify a student's identity, track applications, authorize loans, verify enrollment and good student status, and track fund disbursement and loan repayment. A student who fails to provide a social security number will not be eligible for a loan.

6.3. Each institution shall select recipients of the award. The number of awards will be determined by the availability of funds in this program at each school in any given academic year. Awards will be processed without regard to age, gender, race, disability, national origin, veteran's status or religion.

W. Va. Code R. § 133-34-7 Loan Provisions and Agreement

7.1. Loans may be made and award amounts determined annually for each of the number of years required to complete the course of study. The student-borrower may apply for additional loans for each subsequent academic year of medical school, and the institution may, but shall not be obligated to, make loans to a borrower for such academic year or years.

7.2. Before being granted a loan, each applicant shall receive an award notification issued by the institution on behalf of the Higher Education Policy Commission Medical Student Loan Program. Notifications shall include the following common elements:

7.2.1. Budgeted cost of education.

7.2.2. Expected family contribution (where applicable).

7.2.3. Other resources available to meet educational expenses.

7.2.4. Financial need.

7.2.5. Aid awarded reflecting academic periods in which it will be disbursed.

7.2.6. An indication of unmet financial need.

7.2.7. A statement that any and all such loans shall be subject to the terms and conditions specified in a master promissory note.

7.3. The master promissory note shall be an open ended note. All subsequent release of funds shall be recorded on this promissory note.

W. Va. Code R. § 133-34-8 Loan Repayment

8.1. A borrower shall be allowed a maximum of ten (10) years to repay the loan (principal and interest). Periods of authorized deferment (approved additional medical training, including internships, residencies, and fellowships, or required military service, not to exceed five years) are not included as part of the ten-year repayment period. However, the minimum repayment amount shall be no less than fifty dollars ($50.00) per month.

8.2. The first payment shall not be due and payable until one (1) year following the date that the borrower ceases to be a full-time student at a school of medicine eligible to participate in the Medical Student Loan Program. Payments are not due for periods of authorized deferment.

8.3. There shall be no penalty for early repayment of the loan.

8.4. The rate of interest charged on outstanding loans not in repayment shall be the prevailing rate for graduate subsidized Federal Stafford Loans in effect at the beginning of the repayment period and such rate shall be in force for the duration of the repayment period. Interest shall not accrue during the grace period or authorized periods of deferment as described within the promissory note.

8.5. In the event of the borrower's death or permanent and total disability, the unpaid balance remaining on the note (principal and interest) shall be cancelled.

W. Va. Code R. § 133-34-9 Loan Forgiveness

9.1. A borrower may receive cancellation and forgiveness of the outstanding principal and accumulated interest on the loan in return for the actual performance of fulltime service in West Virginia as a physician (M.D. or D.O.) in an approved designated medically underserved area or in an approved designated medical specialty in which there is a shortage of physicians.

9.2. The Commission, after consultation with the Bureau for Public Health, shall determine qualifying medically underserved geographic areas and medical specialties in which there is a shortage of physicians. An approved listing of underserved areas and qualifying medical specialties shall be published and distributed to the financial aid offices of each participating state school of medicine.

At the borrower's request, additional geographic areas and medical specialties may be considered by the Commission after consultation with the Bureau for Public Health. Among the criteria are such factors as: locations where a physician currently in practice will retire creating a shortage or a population shift which will justify additional physicians.

9.3. To be eligible for loan forgiveness, the applicant must apply annually for and receive Commission approval for practice in a specific designated underserved area or designated medical specialty. Such approval shall include deferral of loan repayment during the period the practitioner is performing in service authorized for loan forgiveness. The practitioner must notify the lending institution of the date that such practice commences and terminates.

9.4. To be eligible for loan forgiveness, the applicant must have Commission approval to practice in a specific designated underserved area or designated medical specialty.

In addition, the applicant must subsequently provide evidence to support the fact that full-time physician services were rendered. Such evidence shall be presented on a form provided by the Commission for that purpose. The Commission shall be the authority that grants loan forgiveness. The Commission shall notify the appropriate lending institution of all loan forgiveness which is granted.

9.5. The borrower shall be eligible for loan forgiveness only upon application and upon acceptance of duly certified evidence of full-time medical or osteopathic practice in one of the designated medically underserved areas or medical specialties.

9.6. The borrower shall receive cancellation of the outstanding principal for sums not to exceed $10,000 per year plus accumulated interest during each period of twelve (12) consecutive months of full-time practice. No forgiveness shall be granted for less than twelve (12) consecutive months of full-time practice.

9.7. It shall be the responsibility of the borrower to secure a current list of approved underserved areas and medical specialties. A current list may be obtained from the institution's financial aid office or from the Commission.

W. Va. Code R. § 133-34-10 Forbearance

10.1. To be eligible for forbearance, a borrower must apply for and receive approval from the institutional financial aid officer or designated representative. The financial aid officer or designated representative may grant forbearance for periods of documented disability, unemployment or other economic hardship.

10.2. The Vice Chancellor for Administration must be notified by the financial aid officer or designated representative of all forbearance approvals related to this program.

10.3. A borrower is eligible for forbearance for a period not to exceed twelve (12) months at one time.

10.4. A borrower may be held responsible for paying a portion of the accrued interest on the loan as a condition for granting forbearance.

10.5. During any period of forbearance, interest shall continue to accrue on the loan. If a borrower does not pay interest during the forbearance period, it will be capitalized at the end of the forbearance period.

10.6. Loan payments shall resume within sixty days of the forbearance end date. The exact amount of monthly payments shall be calculated in accordance with the original loan agreement.

W. Va. Code R. § 133-34-11 Loan Management

11.1. The institution shall be responsible for notifying students selected to receive loans and for ensuring that borrowers receive the loan award notification and complete the promissory note before disbursement of funds. The institution also shall be responsible for disbursement of any and all funds to students. Disbursements shall usually be made at the beginning of each semester in an amount equal to one-half (1/2) the annual award.

11.2. An exit interview shall be required by the institution at the time the borrower graduates or otherwise terminates enrollment. At that time, the borrower's rights and responsibilities under the loan fund shall be discussed. Borrowers shall be obligated during the period the loan is active to maintain a current address record with the student loan office of the medical school which provided the loan.

11.3. The institution shall exercise due diligence in the collection of all loan amounts owed by borrowers.

W. Va. Code R. § 133-34-12 Financial Management

12.1. Each institution shall maintain complete and accurate accounting records for all funds received and disbursed under the Medical Student Loan Program, and, upon request, shall make such records available to Commission staff, the Legislative Auditor, or any other independent auditor that the Commission may designate.

12.2. Receipt and disbursement of funds shall be governed by all applicable state practices and procedures.

12.3. Each institution shall submit an annual report summarizing all receipts and disbursements of the Medical Student Loan Program. This report will be in such format and contain such detail as the Commission may prescribe, and shall be due no later than July 31 each year.

SUMMARY TITLE 133 LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION SERIES 34 MEDICAL STUDENT LOAN PROGRAM This rule promulgates policy and procedure regarding the establishment of a medical student loan program.

APPENDIX B FISCAL NOTE FOR PROPOSED RULES

Rule Title: 133-34 - Medical Student Loan Program Type of Rule: ☒ Legislative ☐ Interpretive ☐ Procedural Agency:

Higher Education Policy Commission Address:

Attention: Mr. Dennis Taylor 1018 Kanawha Boulevard, East, Suite 700, Charleston, WV 25301 Phone Number: 304-558-4016 Email: dtaylor@hepc.wvnet.edu Fiscal Note Summary Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.

The rule has no fiscal impact.

Fiscal Note Detail Show over-all effect in Item 1 and 2 and, in Item 3, give an explanation of Breakdown by fiscal year, including long-range effect.

FISCAL YEAR

Effect of Proposal Current Increase/Decrease (use "-")

Next Increase/Decrease (use "-")

Fiscal Year (Upon Full Implementation)

1. Estimated Total Cost Personal Services Current Expenses Repairs & Alterations Assets Other 2. Estimated Total Revenues

0.00

0.00

0.00

Rule Title:

Rule Title: 133-34 - Medical Student Loan Program 3.

Explanation of above estimates (including long-range effect):

Please include any increase or decrease in fees in your estimated total revenues.

The rule has no fiscal impact.

MEMORANDUM

Please identify any areas of vagueness, technical defects, reasons the proposed rule would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.

Date: April 14, 2009 Signature of Agency Head or Authorized Representative Lingoanderson

Series 38 Employee Leave

W. Va. Code R. § 133-38-1 General

1.1. Scope. -- Rule regarding annual leave, military leave, leave of absence without pay, sick leave, special emergency leave, catastrophic leave, parental leave, and witness and jury leave for employees of the Higher Education Policy Commission.

1.2. Authority. -- W. Va. Code §18B-1-6.

1.3. Filing Date. -- October 20, 1992.

1.4. Effective Date. -- November 19, 1992.

§137-38-2. General Leave Coverage.

2.1. Eligibility for annual and sick leave shall be based on the following:

2.1.1. Employees working on a regular and continuing basis for no less than 1950 hours within a twelve (12) consecutive month period are considered to be full-time employees and are eligible for leave as specified in this document.

2.1.2. Employees working between 1,040 hours and less than 1,950 on a regular and continuing basis during a twelve (12) consecutive month period shall accumulate leave on a pro rata basis.

2.1.3. Employees working less than 1,040 hours are not eligible for leave benefits.

2.2. Faculty members on twelve-month appointments are defined as full-time employees and accrue leave according to the appropriate sections of this rule. The provisions of this rule related to annual leave, sick leave, catastrophic leave, special emergency leave, and managing work time in areas affected by interruption to utility or similar situations do not apply to faculty members on annual appointments of less than twelve months.

2.3. Annual and sick leave may not be taken before it is accrued. If an employee works less than a full month, annual and sick leave shall be accumulated on a pro rata basis.

2.4. During a terminal leave period, no type of leave may be accrued. Terminal leave is the period following the last day of scheduled work from employment such as resignation, retirement, etc.

2.5. Length of service shall be total years of service which includes experience with state institutions of higher education and other state agencies. Continuous service is not required to complete the required term. Annual appointment periods of nine (9) months or more shall be credited for one (1) year of service for annual leave calculation purposes.

2.6. A recognized institutional holiday occurring during an employee's leave period shall not be considered as a day of leave, provided the employee is not in a terminal leave period.

2.7. Up to fifteen (15) days of annual leave may be transferred from other agencies of state government and state higher education institutions to other higher education institutions. Certification of the balance which existed in the agency or institution from which the employee is transferring must accompany the request for transfer and bear the signature of an officer of that agency. A request for transfer must be made within one (1) year from the last day of employment with the other agency or institution.

2.8. When an employee transfers from other agencies of state government or from other state institutions of higher education to another institution, the employee's accumulated sick leave may be transferred. Written verification of the accumulated amount of sick leave to be transferred must be provided by the state agency or institution of higher education wherein the employee accumulated the sick leave within one (1) year of the date of employment with the institution.

2.9. An employee is required to notify her/his supervisor immediately if ill or unable to work for any reason and to follow the institution's established procedures for absences from work. The notification shall be given to the immediate supervisor or designee, as determined by established procedures of the institution.

2.10. Employees on leave of absence without pay shall not accrue annual or sick leave or years of service credit for any and all full months in which they are off the payroll.

2.11. Each institution shall keep on file a record showing current leave status of each employee.

§137-38-3. Annual Leave.

3.1. Full-time non-classified employees and faculty with twelve-month appointments shall be eligible for up to twenty-four (24) days leave per year calculated at the rate of 2.00 days per month from the date of employment. However, upon leaving a non-classified position, the accumulation rates outlined in Section 3.2 shall apply.

3.2. Employees occupying full-time classified positions shall be eligible for annual leave on the following basis:

3.2.1. Less than 5 years' service: 1.25 days per month;

3.2.2. 5 but less than 10 years' service: 1.50 days per month;

3.2.3. 10 but less than 15 years' service: 1.75 days per month;

3.2.4. 15 or more years' service: 2.00 days per month.

3.3. Employees working at least 1,040 hours per twelve (12) consecutive months on a regular and continuing basis, but less than 1,950 hours shall accumulate annual leave on a pro rata basis.

3.4. Accumulated annual leave for continuing employees may be extended beyond that earned during a period of one (1) year by written approval of the president or her/his designee, but in no case shall it exceed twice the amount earned in any twelve-month period.

3.5. An employee is entitled to accumulated leave at termination of service, but in no case may this exceed the limits set in 3.4 above.

W. Va. Code R. § 133-38-4 Other Conditionsl for Annual Leave

4.1. At the request of the employee through established procedures, annual leave may be granted because of illness.

4.2. The work requirements of the institution shall take priority over the scheduling of annual leave or other leave for an employee. When operationally possible, the supervisor shall grant earned annual leave at the convenience of the employee. However, departmental needs must be met, and annual leave may not be taken without prior request and approval of the employee's supervisor.

4.3. In the event of an employee's death, the value of accumulated annual leave will be paid to the employee's estate.

W. Va. Code R. § 133-38-5 Sick and Emergency Leave

5.1. Full-time employees shall accumulate sick leave at the rate of 1.5 days per month. All other employees shall accumulate sick leave in accordance with Section 2.1 of this rule.

5.2. Sick leave may be accumulated without limit.

5.3. Sick leave may be used by the employee when ill or injured or when in need of medical attention or when death occurs in the immediate family.

5.4. An employee may use sick leave for a member of the immediate family who is ill, injured, or in need of medical attention. Immediate family is defined as: father, mother, son, daughter, brother, sister, husband, wife, mother-in- law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, granddaughter, grandson, stepmother, stepfather, step children, or others considered to be members of the household and living under the same roof.

5.5. Sick leave for more than five (5) consecutive days shall not be granted to an employee for illness without satisfactory proof of illness or injury, as evidenced by a statement of the attending physician or by other proof satisfactory to the institution. An employee having an extended illness or serious injury shall, before returning to duty, obtain satisfactory medical clearance to help ensure adequate protection and shall indicate the employee's ability to perform her/his duties. Such medical clearance shall be presented in writing.

5.6. The institution may require evidence from an employee for verification of an illness or other causes for which leave may be granted under this rule, regardless of the duration of the leave.

5.7. In cases, except those involving catastrophic sick leave as defined in Section 8.1, where all accumulated sick leave has been used and annual leave is available, it shall be the option of an employee either to use any accumulated annual leave until it has also expired, rather than being removed from the payroll, or to retain the accumulated annual leave for use after return to work, but be taken off the payroll immediately after the accumulated sick leave has expired.

5.8. On-the-job injuries or occupational illnesses which involve no more than three (3) days of disability leave or absence from work shall not be charged against the employee's accumulated sick leave as long as they are the next three (3) consecutive working days after injury or illness occurred. If on-the-job injuries or illnesses require a leave beyond the three-day period, it shall be the option of the employee either to use earned and accumulated sick and annual leave until both may be exhausted or to reserve for future use any earned and accumulated sick and annual leave and receive only Workers' Compensation benefits for which adjudged eligible.

5.9. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom shall be, for all job-related purposes, temporary disabilities and shall be treated the same as any other illness or disability would be treated for sick leave entitlement. For this reason, employees shall be entitled to sick leave for their disabilities related to pregnancy and childbirth on the same terms and conditions as they or other employees would be entitled for other illnesses and disabilities. In determining whether an employee is unable to work because of a disability related to pregnancy or childbirth, the same criteria shall be used as would be used in the case of another type of illness or disability.

5.10. Sick leave provisions are contingent upon continued employment. When the services of an employee have terminated, all sick leave credited to the employee shall be considered cancelled as of the last working day with the institution, and no reimbursement shall be provided for unused sick leave except in the event of retirement, in which case sick leave may be converted to insurance coverage or for provisions lawfully provided for at that time. Employees who resign in good standing and are later reemployed may have their total accumulated sick leave reinstated, provided the date of termination is one (1) year or less from the date of reemployment. However, if the employee returns to work after more than one (1) year from the date of termination, no more than 30 days of accumulated sick leave may be reinstated.

W. Va. Code R. § 133-38-6 Medical Leave of Absence Without Pay

6.1. Any employee requesting a medical leave of absence without pay must provide the institutional president or the president's designee, through established procedures, with satisfactory medical evidence (such as a statement from the attending physician) that he/she is unable to work. The medical statement shall include a diagnosis, prognosis, and expected date that the employee can return to work. If the evidence is satisfactory, the president or her/his designee may authorize a medical leave of absence without pay only for the period of disability specified by the attending physician.

6.2. The employee shall be expected to report to work on the first workday following expiration of the disability period. Failure of the employee to report promptly at the expiration of a medical leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution. An employee, prior to return to duty, shall obtain satisfactory medical clearance to help ensure adequate protection and which shall indicate the employee's ability to perform her/his duties. Such medical clearance shall be presented in writing.

6.3. A medical leave of absence without pay may be granted for no more than a twelve (12) consecutive month period. Employees who may need an extended medical leave beyond twelve (12) consecutive months may apply for an extension through institutional procedures or may consider other options, such as disability.

6.4. After an employee has taken a twelve-month medical leave, the institution shall continue group health insurance coverage provided that the employee pays the institution the full premium cost of such group health plan.

6.5. Any employee who is separated from employment following a medical leave of absence of twelve (12) consecutive months and who had chosen to maintain her/his accumulated annual leave will receive payment for such accumulated annual leave in a lump sum payment.

W. Va. Code R. § 133-38-7 Parental Leave

7.1. A full-time employee who has worked at least twelve (12) consecutive weeks for the state may request up to twelve (12) weeks unpaid parental leave.

7.2. The request must be due to birth or adoption by the employee or because of a planned medical treatment or care for the employee's spouse, son, daughter, parent, or dependent who has a serious health condition.

7.3. The employee must provide her/his supervisor with written notice two (2) weeks prior to the expected birth or adoption; or for the medical treatment; or for the supervision of a dependent. Failure to submit a written request may be cause for denial.

7.4. The employee must provide the employer with certification by the treating physician and/or documentation regarding dependency status.

7.5. All annual leave must be exhausted before the parental leave begins. No more than a total of twelve (12) weeks of parental leave may be taken in any twelve (12) consecutive month period.

7.6. During the parental leave by an employee, the institution shall continue group health insurance coverage provided that the employee pays the employer the full premium cost of such group health plan.

7.7. The position held by the employee immediately before the leave is commenced shall be held for a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position. However, the institution may employ a temporary employee to fill the position for the period of the parental leave.

W. Va. Code R. § 133-38-8 Catastrophic Leave

8.1. Catastrophic leave is provided for employees and a catastrophic illness is defined as: a medically verified illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all leave and other paid time off. Catastrophic illness or injury shall also include an incapacitated immediate family member if this results in the employee being required to take time off from work to care for the family member and the employee has exhausted all leave and other paid time off.

8.2. Each institutional president and the Chancellor of the Higher Education Policy Commission will have the option to establish a leave bank and/or a procedure for direct transfer of sick or annual leave to an employee who has requested and been approved to receive leave donations due to a catastrophic illness or injury. The institution may develop procedures which limit the amount of deposits an employee may make in any twelve (12) continuous month period.

8.3. A catastrophic leave bank provides for the deposit of sick and annual leave into a "bank" from which employees approved for catastrophic leave may withdraw leave.

8.4. A direct transfer provides for sick and annual leave to be donated at the request of the employee upon appropriate medical verification that the individual is unable to work due to the catastrophic illness or injury as determined by the president of the institution or the Chancellor of the Higher Education Policy Commission.

8.4.1. Upon approval for an employee to receive direct transfer of catastrophic leave, any employee may, upon written notice to the human resources department, donate sick and/or annual leave in one-day increments. No employee shall be compelled to donate sick leave. Any leave donated by an employee, but not used by the employee to whom it was donated, shall be returned to the donating employee and reflected in her/his leave balance.

8.5. An employee receiving the transfer of leave shall have any time which is donated credited to such employee's leave record in one-day increments and reflected as a day-for-day addition to the leave balance of the receiving employee. The leave record of the donating employee shall have the donated leave reflected as a day-for-day reduction of the leave balance.

8.6. Use of donated credits may not exceed a maximum of twelve (12) continuous calendar months for any one catastrophic illness or injury. The total amount of leave received by transfer or withdrawn from a bank may not exceed an amount sufficient to ensure the continuance of regular compensation and shall not be used to extend insurance coverage pursuant to W. Va. Code §5-16-13, which relates to insurance coverage for state employees. The employee receiving donations of leave shall use any leave personally accrued on a monthly basis prior to receiving additional donated leave.

8.7. Direct transfer of leave or deposits into a leave bank may be inter- institutional. The president or her/his designee shall notify in writing other institutional presidents requesting that the institution consider the transfer of leave by either the direct transfer method or from the institution's leave bank. Upon approval of the receiving president, transfer leave will be made through appropriate institutional procedures.

8.8. Each institution and the higher education policy commission office shall be responsible for the administration of catastrophic leave and shall develop and disseminate procedures for the administration of this policy.

W. Va. Code R. § 133-38-9 Personal Leave of Absence Without Pay

9.1. An employee, upon application in writing and upon written approval by the institutional president or her/his designee, may be granted a continuous leave of absence without pay for a period of time not to exceed twelve (12) consecutive months provided all accrued annual leave has been exhausted.

9.2. The president or the president's designee, at her/his discretion, may require the written approval of the supervisor before accepting the written application of an employee for a leave of absence without pay.

9.3. The president or the president's designee, at her/his discretion, shall determine if the purpose for which such a leave is requested is proper and within sound administrative policy.

9.4. At the expiration of leave of absence without pay, the employee shall be reinstated without loss of any rights, unless the position is no longer available due to a reduction in staff caused by curtailment of funds or a reduced workload. Failure of the employee to report promptly at the expiration of a leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution.

9.5. During a personal leave, the institution shall continue group health insurance coverage provided that the employee pays the employer the full premium costs of such group health plan.

W. Va. Code R. § 133-38-10 Military Leave

10.1. An employee who is a member of the National Guard or any reserve component of the armed forces of the United States shall be entitled to and shall receive a leave of absence without loss of pay, status, or efficiency rating, for all days in which engaged in drills or parades ordered by proper authority, or for field training or active service for a maximum period of thirty (30) working days ordered or authorized under provisions of state law in any one (1) calendar year. The term "without loss of pay" shall mean that the employee shall continue to receive normal salary or compensation, notwithstanding the fact that such employee may receive other compensation from federal sources during the same period. Furthermore, such leave of absence shall be considered as time worked in computing seniority, eligibility for salary increased, and experience with the institution. An employee shall be required to submit an order or statement in writing from the appropriate military officer in support of the request for such military leave.

10.2. Benefits of this section shall accrue to individuals ordered or called to active duty by the President of the United States for thirty (30) working days after they report for active service.

W. Va. Code R. § 133-38-11 Special Emergency Leave With Pay

11.1. Special emergency leave with pay may be granted by the president of the institution or her/his designee to full-time employees in the event of extreme misfortune to the employee or the immediate family. The leave should be the minimum necessary, and in no case may it exceed five (5) days within any twelve (12) consecutive month period. Typical events which may qualify an employee for such leave are fire, flood, or other events (other than personal illness or injury or serious illness or death in the immediate family) of a nature requiring emergency attention by the employee.

W. Va. Code R. § 133-38-12 Witness and Jury Leave

12.1. Upon application in writing, an employee of the a higher education institution or the Higher Education Policy Commission may be granted leave as indicated hereinafter in this section provided the employee is not a party to the action. Annual leave will not be charged under the provisions of this section.

12.2. When, in obedience to a subpoena or direction by proper authority, an employee appears as a witness for the Federal Government, the State of West Virginia, or a political subdivision thereof, the employee shall be entitled to leave with pay for such duty and for such period of required absence.

12.3. When attendance in a court is in connection with an employee's usual official duties, time required in going and returning shall not be considered as absence from duty.

12.4. When an employee serves upon a jury, or is subpoenaed in litigation, the employee shall be entitled to leave with pay for such duty and for such period of required absence.

12.5. The employee shall report to work if he/she is excused by the court before the end of her/his regular work day. Provisions for employees who work a shift other than day shift shall be made according to institutional policy.

W. Va. Code R. § 133-38-13 Managing Work Time in Areas Affected by Interruption to Utility Service or Similar Situations

13.1. Utility Service Interruptions - When extended power and utility service interruptions occur, administrators should make arrangements for employees' usual work routine to be accomplished at alternate work locations, or make affected employees available to other administrators for work in other areas. Also, if an administrator deems it advisable and the employee agrees, time off during the utility service interruption may be granted and charged against an employee's accumulated annual leave. Combinations of the above alternatives may be necessary, but in all cases interruptions of work schedules must be dealt with in accordance with applicable laws, including West Virginia Code 12-3-13. This law is interpreted to mean that if pay is associated with the absence from work, the absence must be charged to accumulated annual leave.

13.2. Emergency Situations - In the event that an emergency exists, the president, in conjunction with local or state public safety officials, has the authority to comply with the emergency situation and close the institution. Such a declaration will be transmitted to the chancellor of the Higher Education Policy Commission. The president, working with public safety officials, will determine when the emergency condition no longer exists. Should an employee be required to work by the president or her/his designee during a declared emergency, the time worked shall be compensated according to the provisions of Series 8. Work time lost by any employee during a declared emergency will be considered regular work time for pay purposes and will not require that the time be charged to annual leave nor will there be a requirement that the time be made up.

13.3. Absences from work due to weather conditions other than during a declared emergency must be charged against accumulated annual leave, accumulated compensatory time, or the employee must be removed from the payroll for the time in question. Where institutions employ the "floating holiday" concept, the holiday record may be charged. Sick leave may not be charged for absence due to weather. Time lost from work may be made up in the same work week at the discretion of the employee's supervisor.

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Series 40 Equal Opportunity and Affirmative Action

W. Va. Code R. § 133-40-1 General

1.1. Scope. -- This rule establishes equal opportunity policy.

1.2. Authority. -- West Virginia Code §18B-1-6 and §18B-1B-5.

1.3. Filing Date. -- July 31, 2025.

1.4. Effective Date. -- August 31, 2025.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 40 which had an effective date of December 1, 2019.

W. Va. Code R. § 133-40-2 General Policy

2.1. It shall be the policy of the West Virginia Higher Education Policy Commission (Commission) to provide equal employment opportunities to all qualified employees and applicants and to prohibit discrimination or harassment against any such individuals on the basis of protected characteristics. The Commission considers race, color, religion, sex, national origin, age, disability, genetic information, veteran or military status or other category that is protected under federal, State, or local anti-discrimination laws as protected characteristics and will not permit discrimination or harassment against any employee or applicant for employment on the basis of any such characteristic. The Commission will conform both to the letter and the spirit of the law and regulations with respect to prohibiting any such discrimination or harassment and will encourage and support equal employment opportunity to ensure that institutions employ, advance in employment and treat all qualified persons without discrimination in any employment practices.

2.2. The scope of this policy prohibiting discrimination and harassment extends, but is not limited to, the following: recruitment, employment, promotion, transfer, training, working conditions, wage and salary administration, benefits, discipline, promotion, transfer, layoff, termination processes, and the application of all other employment-related policies. These principles of non-discrimination and anti-harassment also apply to the selection and treatment of independent contractors, personnel working on Commission premises, and any other persons or firms doing business with the Commission.

2.3. Under the Commission’s additional authority to allocate specified functions and responsibilities among the institutions within the jurisdiction of the Commission, each institution shall accept primary and long-term responsibility for the development and implementation of equal employment opportunity policies consistent with the Commission’s guidance and all applicable laws and regulations.

2.4. Each institution and the Commission shall take the initiative in developing or modifying their own plans to achieve compliance with the equal employment opportunity policy of the Commission as well as those of the State and federal governments. The president of each institution shall, through appropriate means, establish and maintain a positive program of equal employment opportunity within their jurisdiction in accordance with all laws and regulations applicable to the institution. The equal employment opportunity goals of the institution must be integrated into and consistent with other performance goals of the institution.

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Series 41 Health Sciences Service Program

W. Va. Code R. § 133-41-1 General

Scope. -- This rule promulgates policy and procedure regarding the establishment and operation of a Health Sciences Service Program.

Authority. -- West Virginia Code §18B-1-6 and §18C-3-3.

Filing Date. – January 22, 2026.

Effective Date. – February 22, 2026.

Repeal of Former Rule. -- Repeals and replaces Title 133, Series 41, dated August 18, 2019.

W. Va. Code R. § 133-41-2 Purpose

The purpose of this program is to provide an incentive for fourth-year medical students to complete their training and provide primary care or emergency medicine in underserved areas of West Virginia, for other health professional students to complete their training and provide primary care in underserved areas of West Virginia, or for nursing program students to complete their training and teach in a school of nursing in West Virginia.

“Primary care” means the health care services generally provided by family practice physicians, general practice physicians, general internists, geriatricians, obstetrician/gynecologists, general pediatricians, psychiatrists and mid-level providers, including nurse practitioners, nurse- midwives, physician assistants, dentists, pharmacists, physical therapists, doctoral clinical psychologists, and licensed independent clinical social workers, or other disciplines which may be identified as primary care by the Vice Chancellor for Administration.

For medical students, the term "training" is defined as the completion of a degree program in allopathic or osteopathic medicine and includes the successful completion of a primary care or emergency medicine residency. For other applicants, the term "training" is defined as the entire degree program or certification program for advanced practice nurses (both master’s and doctoral), physician assistants, dentists, pharmacists, physical therapists, doctoral clinical psychologists, licensed independent clinical social workers, or other disciplines identified as shortage fields by the Vice Chancellor for Administration.

“Underserved” means any primary care health professional shortage area located in the state as determined by the Bureau for Public Health or any additional health professional shortage area determined by the Vice Chancellor for Administration.

“School of nursing” means any associate, baccalaureate, master’s or doctoral level nursing program in West Virginia accredited by a national nursing accrediting agency recognized by the United States Department of Education.

Health Sciences Service Program funds are to be used to award fourth-year medical students at a West Virginia school of allopathic or osteopathic medicine who have been accepted in an accredited primary care or emergency medicine residency program in West Virginia; or to award students who are enrolled in the last academic year of an accredited education program at a West Virginia institution leading to a degree or certification as an advanced practice nurse, physician assistant, dentist, pharmacist, physical therapist, doctoral clinical psychologist, licensed independent clinical social worker, or other disciplines identified as shortage fields by the Vice Chancellor for Administration. Students who are enrolled in the last year of an accredited master’s or doctoral degree nursing program in West Virginia and intend to teach at a school of nursing in West Virginia also are eligible. Any funds repaid in lieu of practice in an underserved area of West Virginia or teaching at a school of nursing in West Virginia will be used to establish a revolving fund to make additional awards to eligible students.

W. Va. Code R. § 133-41-3 Eligibility Criteria

In order to be eligible for a Health Sciences Service Program award, each applicant must:

Certify that the applicant possesses federal student loans in an amount equal to or exceeding the proposed award amount. Loans eligible for the loan repayment assistance award are federal student loans in the applicant’s name that were used for educational costs associated with obtaining a degree. Parent PLUS Loans are not eligible for loan repayment assistance; and Be enrolled in the last academic year of an accredited education program at a West Virginia institution leading to a degree or certification as a physician, advanced practice nurse, physician assistant, dentist, pharmacist, physical therapist, doctoral clinical psychologist, licensed independent clinical social worker, or other disciplines identified as shortage fields by the Vice Chancellor for Administration.

W. Va. Code R. § 133-41-4 Application Process

The applicant must apply to the Health Sciences Service Program using an application form approved by the Vice Chancellor for Administration.

The Vice Chancellor for Administration shall establish a deadline for applying for the Health Sciences Service Program. Applications must be complete and received by the deadline in order for the applicant to be considered for an award.

W. Va. Code R. § 133-41-5 Selection of Recipients

Recipients will be selected from a pool of all applicants.

Awards shall be determined by the Vice Chancellor for Administration with the advice of an advisory panel.

The advisory panel may be made up of the Division of Health Sciences Advisory Committee and such other members as may be added by the Vice Chancellor for Administration from time to time.

In order to be selected to receive a Health Sciences Service Program award, an applicant must agree to practice primary care full-time for at least two (2) years or part-time for at least four (4) years in an underserved area. For advanced practice nursing only, applicants may agree to practice primary care or teach full-time for at least two (2) years or part-time for at least four (4) years at a school of nursing. A medical student applicant who intends to enter an emergency medicine residency only must agree to practice emergency medicine instead of primary care full-time for at least two (2) years or part-time for at least four (4) years in an underserved area.

Applications will be processed without regard to race, color, religion, sex, national origin, age, disability, genetic information, and veteran or military status.

In making awards, the Vice Chancellor for Administration may consider such factors as the applicant's expressed commitment to primary care or teaching, their work or community service experiences in underserved areas of the State and the applicant's ties in West Virginia. For a medical student applicant only, the Vice Chancellor for Administration also may consider the applicant’s expressed commitment to emergency medicine.

The number of awards shall be determined by the availability of funds.

Nothing in this rule shall be construed as granting or guaranteeing any applicant any right to such an award.

Awarding preference will be given to West Virginia residents in accordance with the West Virginia Higher Education Policy Commission’s (Commission) policy regarding "Residency Classification of Students for Admission and Fee Purposes."

W. Va. Code R. § 133-41-6 Award Provisions and Agreement

The award amount shall be at least $20,000 for medical and dental students and at least $10,000 for all other eligible disciplines.

The award agreement shall contain the provision that the recipient will agree to practice full-time for at least two (2) years or half-time for at least four (4) years in an underserved area of West Virginia or teach full-time for at least two (2) years or half-time for at least four (4) years at a school of nursing in West Virginia.

6.2.a. Part-time for purposes of fulfillment of Section 6.2 is defined as working a minimum of twenty hours per week.

The award agreement shall state that if a recipient fails to complete the service obligation the award shall be cancelled.

No award payments shall be disbursed before the applicant has completed their service obligation.

A recipient who fails to complete their training or practice in an underserved area, fails to teach at a school of nursing, or fails to submit verification of completion of the terms of the contract by a deadline established by the Vice Chancellor for Administration as required by the award agreement is in breach of contract and the award will be cancelled.

W. Va. Code R. § 133-41-7 Notification of Recipients and Fund Disbursement

The Vice Chancellor for Administration or their designee shall notify students of their selection to receive an award.

The Vice Chancellor for Administration shall disburse funds as follows upon the participant’s completion of the service obligation:

One-half of the award amount will be disbursed to the federal student loan servicer upon completion of half of the contract.

7.2.b. The remaining half of the award will be disbursed at the completion of the contract.

W. Va. Code R. § 133-41-8 Fulfillment of Agreement

To fulfill the award agreement, a participant must complete the service obligation and provide documentation demonstrating the participant has completed the terms of the contract by the deadline established by the Vice Chancellor for Administration.

A recipient shall satisfy their obligation as stated in the recipient’s award agreement by practicing primary care full- or part-time or by full- or part-time teaching at a school of nursing in West Virginia. A medical student recipient only who has completed an emergency medicine residency shall satisfy their obligation practicing emergency medicine full- or part-time in West Virginia.

Any recipient may petition the Vice Chancellor for Administration to pursue additional post-graduate training beyond requirements contained in this section. The Vice Chancellor for Administration shall use their discretion in approving such request.

At the time a recipient is ready to start their practice or teaching, he or she may request that additional areas be considered as underserved by the Vice Chancellor for Administration. Among the criteria for consideration of such additional areas are factors such as a population shift which may create an additional underserved area or a location where a physician or other primary health care professional will retire or leave the area for other reasons.

With advance approval of the Vice Chancellor for Administration, the recipient may serve their obligation concurrently with other service obligations.

A dentistry, advanced practice nursing, pharmacy, physical therapy, or physician assistant recipient must begin practicing and completing the service obligation within six (6) months of graduation.

A medical student recipient must begin practicing and completing the service obligation within six (6) months of completing a qualifying primary care or emergency medicine residency program in West Virginia.

Under certain circumstances during a medical student recipient’s primary care or emergency medicine residency, the recipient may petition the Vice Chancellor for Administration to allow their service obligation to begin during residency.

A recipient making such a request must possess an executed employment contract governing their post-residency employment. The practice site must be located in a qualifying underserved area. If the contract is for full-time employment, it must require the recipient to work at the practice site for at least two (2) years upon completion of a qualifying primary care or emergency medicine residency program in West Virginia. If the contract is for part-time employment, it must require the recipient to work at the practice site for at least four (4) years upon completion of a qualifying primary care or emergency medicine residency program in West Virginia.

The Vice Chancellor for Administration shall use discretion in approving such a request. If the Vice Chancellor for Administration approves such a request, the recipient may begin serving the service obligation from the execution date of the employment contract.

A nurse educator recipient must begin teaching and completing the service obligation within six (6) months of graduation.

A doctoral psychology recipient must begin practicing and completing the service obligation within six (6) months of completing their one (1) year internship required for attaining a licensure as a doctoral clinical psychologist.

A master’s level social work recipient must begin practicing and completing the service obligation within six (6) months of completing their two (2) year post-graduate clinical field placement required for attaining licensure as a licensed independent clinical social worker.

If a recipient serves as much as twelve (12) months full-time practice or twenty-four (24) months of part-time practice for their obligation but does not complete the full obligation, payment to the federal student loan servicer shall be figured on a pro rata basis. No credit shall be given for less than twelve (12) months of service of full-time practice or twenty-four (24) months of part-time practice.

W. Va. Code R. § 133-41-9 Annual Certification of Practice or Teaching

9.1. To be eligible for payment to the federal student loan servicer, the recipient must have approval from the Vice Chancellor for Administration to practice at a specific practice site in an underserved area in West Virginia or teach in a specific qualifying nursing program in West Virginia. Throughout the course of their participation in the program, participants must annually provide evidence of continued practice or teaching at an approved site. Such evidence shall be presented on a form provided by the Vice Chancellor for Administration for this purpose.

9.2. Recipients shall be required to maintain their current mailing address, email address, and phone number with the Vice Chancellor for Administration until such time as the contract has been fulfilled.

Series 42 West Virginia Higher Education Grant Program

W. Va. Code R. § 133-42-1 General

1.1. Scope: This rule establishes guidelines and procedures that will direct the operation of the West Virginia Higher Education Grant Program, hereinafter referred to as the Higher Education Grant Program or Grant Program.

1.2. Authority. -- West Virginia Code § 18C-5-1(d).

1.3. Filing Date. – February 29, 2024.

1.4. Effective Date. – March 29, 2024.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 133-42-2 [Reserved]

W. Va. Code R. § 133-42-3 Definitions

3.1. Academic Year. A period of time in which a full-time student is expected to complete the equivalent of at least two semesters or other approved academic term.

3.2. Commission. The West Virginia Higher Education Policy Commission as defined in W. Va. Code § 18B-1-2.

3.3. Cost of Attendance. The estimated total amount it will cost a student to attend college during an academic year, including tuition and fees; housing and food for the period of enrollment; books and supplies for education; travel costs directly related to attendance; childcare expenses; costs related to a disability; and other costs determined by the educational institution to be educationally related.

3.4. Council. The West Virginia Council for Community and Technical College Education as defined by W. Va. Code § 18B-2-1.

3.5. Dependent Student. A student who is required to provide parental information on the free application for federal student aid because the student does not meet the criteria established by the U.S. Department of Education to be classified an independent.

3.6. Student Aid Index (SAI). The amount that a family is expected to contribute toward a student’s education costs under the federal need analysis. For an independent student, SAI is the same as student contribution. For a dependent student, SAI is the same as the total of student and parent contributions.

3.7. Financial Aid Package. The total amount of financial aid a student receives during an academic year.

3.8. Financial Need. The demonstrated need of an applicant for financial assistance to meet the actual costs of attending the eligible institution of choice. It is the calculated difference between a student’s cost of attendance and his or her SAI.

3.9. Fiscal Year. The State fiscal year begins on July 1 and ends on June 30.

3.10. Free Application for Federal Student Aid (FAFSA). An application that students must complete in order to apply for most forms of financial aid, including the West Virginia Higher Education Grant. The filing of a FAFSA by an individual who indicates West Virginia as his or her state of legal residence will be treated as an application for the West Virginia Higher Education Grant.

3.11. Full-time Student. A student enrolled in a minimum of 12 undergraduate credit hours per semester or other comparable period at an institution with a non-traditional calendar.

3.12. Grant. Financial aid awarded to students that does not have to be paid back. For purposes of this rule, scholarships are included within the definition.

3.13. Higher Education Grant Program or Grant Program. Financial aid program established in W. Va. Code § 18C-5-1, et seq. that provides grants to West Virginia residents based on financial need.

3.14. Independent Student. A student who is not required to provide parental information on the free application for federal student aid (FAFSA) because the student meets the criteria contained in the Higher Education Act of 1965 to be classified an independent student.

3.15. Participating Institution. An institution that is eligible to participate in the West Virginia Higher Education Grant Program and for which a participation agreement is in place.

3.16. Participation Agreement. A contract entered into between a participating institution and the Vice Chancellor for Administration that specifies the rights and responsibilities of the institution and the Vice Chancellor as they relate to participation in the Grant Program.

3.17. Title IV. The section of the Higher Education Act of 1965, as amended, that pertains to federal student financial aid programs.

3.18. Undergraduate Student. A student who has not yet met the requirements for a bachelor’s degree and who is deemed an undergraduate student by the institution.

3.18.1. A student who is enrolled in a program that results in the awarding of a bachelor’s and master’s degree simultaneously and continues to meet the eligibility guidelines for the federal Pell Grant program is considered an undergraduate student if he or she is in his or her first four years of full-time postsecondary education and has not previously received a bachelor’s degree.

3.18.2. A student who is enrolled in a doctor of pharmacy program is considered an undergraduate student if he or she has not previously received a bachelor’s degree and is deemed an undergraduate student by the institution.

3.19. Vice Chancellor for Administration or Vice Chancellor. Commission employee statutorily charged with overseeing the West Virginia Higher Education Grant Program or his or her designee.

W. Va. Code R. § 133-42-4 Administration

4.1. The Higher Education Student Financial Aid Advisory Board shall provide financial aid expertise and policy guidance to the Vice Chancellor for Administration.

4.2. The Vice Chancellor for Administration may use no more than three percent (3%) of the amount appropriated each year for the higher education grant program for financial aid administration, award processing, and information dissemination.

W. Va. Code R. § 133-42-5 Institution Eligibility

5.1. Institutions of higher education eligible to participate in the Higher Education Grant Program are defined in W. Va. Code § 18C-5-2; Provided, That institutions that are no longer operational or authorized to confer degrees in West Virginia are not “approved institutions of higher education” as defined therein. Out-of-state institutions that have entered into reciprocal agreements with the Vice Chancellor pursuant to W. Va. Code § 18C-5-6 also are eligible to participate in the Grant Program.

5.2. An institution otherwise eligible to participate in the Higher Education Grant Program is excluded from participating by the Vice Chancellor for Administration if:

5.2.1. The institution does not have a signed participation agreement in place; or

5.2.2. The institution has been deemed ineligible to participate in federal student financial aid programs by the United States Department of Education; or

5.2.3. The Vice Chancellor determines, based upon audits and/or administrative site visits that the institution has mismanaged Higher Education Grant or other state financial aid funds or lacks adequate institutional controls to manage such funds properly.

5.3. Any institution deemed ineligible to participate in the Higher Education Grant Program may appeal the decision in writing within 15 days of receiving notification to the Vice Chancellor for Administration. The Vice Chancellor for Administration, whose decision is final, shall issue a written decision upholding or reversing the initial decision within 20 days of receipt of the appeal.

W. Va. Code R. § 133-42-6 Student Eligibility

6.1. In addition to the criteria established in W. Va. Code § 18C-5-5, to be eligible for a higher education grant award, an applicant must:

6.1.1. Have earned a high school diploma or passed a high school equivalency exam; and

6.1.2. Plan to enroll or be enrolled at a participating Title IV-eligible institution as a full-time undergraduate student in a degree or certificate-producing program; and

6.1.3. Demonstrate academic promise (for new awards) or achievement (for renewal awards); and

6.1.4. Demonstrate financial need.

6.2. A new Higher Education Grant applicant may satisfy the academic promise requirement in one of the following ways:

6.2.1. An applicant who has earned college credit after high school graduation or since passing the high school equivalency exam demonstrates academic promise if he or she has earned a cumulative college grade point average (GPA) of 2.0 or higher on a 4.0 scale as determined by the participating institution. The applicant must meet the institution’s satisfactory academic progress standards.

6.2.2. An applicant who graduated from high school or passed the high school equivalency exam more than five years before enrollment or who has completed active military service and has not earned college credits after high school graduation or the high school equivalent before the date of enrollment demonstrates academic promise if he or she meets the admission requirements of the participating institution.

6.2.3. An applicant who has earned the high school equivalent within the last five years prior to enrollment and has not earned college credits after passing the high school equivalent exam demonstrates academic promise if his or her score meets the minimum score recommended by the Higher Education Student Financial Aid Advisory Board.

6.2.4. An applicant who does not fall within the categories described in Subsections 6.2.1., 6.2.2., or 6.3.3. demonstrates academic promise if he or she meets the admission requirements for a degree or certificate program of the participating institution and has a cumulative high school GPA of 2.0 or higher on a 4.0 scale.

6.3. A renewal higher education grant applicant satisfies the academic achievement requirement if the student has maintained a minimum overall grade point average of 2.0 on a 4.0 scale, is meeting institution’s academic progress requirement, and

6.3.1. If the student received a two-semester award, the student must have earned at least the minimum number of credit hours within the academic year as recommended by the Higher Education Student Financial Aid Advisory Board for renewal; or

6.3.2. If the student received a single-semester award, the student must have earned at least the minimum number of credit hours within the academic year as recommended by the Higher Education Student Financial Aid Advisory Board.

6.3.3. Institutions are responsible for determining whether renewal students have satisfied academic achievement requirements.

6.4. An applicant demonstrates financial need if:

6.4.1. He or she has a completed FAFSA on file with the United States Department of Education by a date to be determined by the Vice Chancellor for Administration; and

6.4.2. His or her cost of attendance is greater than the total of his or her SAI, as calculated from the FAFSA, and other financial aid; and

6.4.3. His or her SAI does not exceed an amount set by the Vice Chancellor; and

6.4.4. He or she has completed verification if selected by the U. S. Department of Education’s Central Processing System (CPS) or the institution.

6.5. A student is not eligible to receive a Higher Education Grant award if he or she:

6.5.1. Previously has earned a bachelor’s degree; or

6.5.2. Previously has received eight semesters of Higher Education Grant awards; or

6.5.3. Is not deemed to be an undergraduate student by the institution; or

6.5.4. Owes the institution or the Commission for a Higher Education Grant or other state financial aid overpayment unless the student has a written reimbursement plan in place.

6.6. “Residency” for purposes of W. Va. Code § 18C-5-5 and this rule, is determined as follows:

6.6.1. For dependent students, the legal residence of the parent(s) named on the FAFSA is prima facie evidence of the student’s legal residence.

6.6.2. Students may provide documentation to the Vice Chancellor evidencing the required residence in the State of West Virginia.

W. Va. Code R. § 133-42-7 Awards

7.1. Maximum Award.

7.1.1. No higher education grant award may exceed the amount of tuition and required fees at the institution.

7.1.2. For a student attending an institution covered by a reciprocity agreement provided by W. Va. Code § 18C-5-6, no Higher Education Grant award may exceed the maximum grant award provided for in the reciprocity agreement.

7.2. Award Cycles.

7.2.1. The initial award cycle shall occur in April preceding the beginning of each academic year.

7.2.2. Additional awards may be made throughout the year as funds become available.

7.2.3. Any award made after November 1 shall be only for the second semester.

7.3. Award Selection. -- The Vice Chancellor shall establish criteria to be used in award selection each year based on the amount of funding available for awards. In determining recipients and amounts of awards, the Vice Chancellor for Administration may consider applicants’ relative levels of financial need, application filing dates, relative differences in tuition rates across institutions, and/or State policy priorities.

7.4. Award Use. -- A student may use a Higher Education Grant award to cover any part of his or her cost of attendance at an eligible higher education institution.

W. Va. Code R. § 133-42-8 Coordination of Higher Education Grant Program and Other Aid Programs

8.1. All students seeking assistance through the Higher Education Grant program must apply for assistance through the federal Pell Grant program.

8.2. In no instance may a combination of the Higher Education Grant and any other grants, including tuition and fee waivers, exceed demonstrated financial need as determined by the institution.

8.3. Funding Priorities.

8.3.1. To the extent permissible under federal law, students shall use grant resources available through federal student financial aid programs before a Higher Education Grant award.

8.3.2. Students shall use grant resources available through other State student financial aid programs before a Higher Education Grant award.

8.4. Students may not receive funding from both the Higher Education Grant Program and any component of the Higher Education Adult Part-time Student (HEAPS) Grant Program, established in W. Va. Code § 18C-5-7, at the same time.

W. Va. Code R. § 133-42-9 Post-Award Changes

9.1. If a Higher Education Grant recipient transfers from one participating institution to another participating institution, the grant is transferable upon the approval of the Vice Chancellor for Administration or his or her designee.

9.2. If a Higher Education Grant recipient’s SAI increases after an award has been made, the award shall be withdrawn if the new SAI exceeds the maximum SAI set by the Vice Chancellor in any given year.

9.3. If a Higher Education Grant recipient terminates enrollment during the fall semester, the Vice Chancellor shall hold in reserve for the student the scheduled spring award unless notified otherwise by the institution.

9.4. If a Higher Education Grant recipient terminates enrollment for any reason during the academic year, the institution shall return to the Vice Chancellor the unused portion of the grant in accordance with the refund policy associated with Title IV funds. The institution is responsible for returning the unused portion of the grant even if the student does not request a refund from the institution.

W. Va. Code R. § 133-42-10 Payments

10.1. The Vice Chancellor shall remit payment of Higher Education Grant awards directly to the institution.

10.2. An institution may not receive a payment unless the institution has completed the previous year’s reconciliation process and returned to the Vice Chancellor any prior year balance payable to the Commission.

W. Va. Code R. § 133-42-11 Waivers

11.1. A recipient may request a waiver of academic progression if the recipient withdrew from all courses during the semester as a result of:

11.1.1. Serious illness or major injury involving the student or an immediate family member; or

11.1.2. Death of an immediate family member; or

11.1.3. Other comparable extenuating circumstance.

11.2. All waiver requests must be submitted to the Vice Chancellor for approval.

W. Va. Code R. § 133-42-12 Appeals

12.1. An applicant or institution may appeal in writing to the Vice Chancellor the denial of an application for an initial award or renewal award within 15 days of receiving notification of the decision. The Vice Chancellor shall issue a written decision upholding or reversing the initial decision within 15 days of receipt of the appeal. The Vice Chancellor’s decision is final.

12.2. The Vice Chancellor shall refer to the institution any applicant appeal of a decision concerning satisfactory academic progress that relates to credit hour completion for resolution consistent with the institution’s procedures established for this purpose.

12.3. All appeals shall set forth in detail the grounds for the appeal. The decisions issued by the Vice Chancellor or the institution, as appropriate, shall address in writing each ground raised.

W. Va. Code R. § 133-42-13 Accounting, Reporting, and Auditing Requirements

13.1. Before the end of each fiscal year, each institution’s financial aid office must reconcile its Higher Education Grant records with:

13.1.1. The Commission’s records of Higher Education Grant awards and disbursements; and

13.1.2. The institution’s business office records of any grant disbursements by the Commission or the Council.

13.2. All participating institutions may be required to provide reports, which may include student level data, to the Commission from time to time, including the United States Department of Education’s Fiscal Operations Report and Application to Participate (FISAP) and the West Virginia Higher Education Policy Commission’s Annual Student Financial Aid Report.

13.3. All participating institutions are subject to financial aid audits.

W. Va. Code R. § 133-42-14 Reciprocal Agreements

14.1. The Vice Chancellor for Administration may enter into reciprocal agreements with state grant and grant program agencies in other states that provide financial assistance to their residents attending institutions of higher education located in West Virginia.

14.2. The Vice Chancellor for Administration may permit West Virginia residents to use the Higher Education Grant to attend institutions of higher education in other states that have entered into reciprocal agreements.

14.3. Residents of West Virginia requesting financial assistance to attend institutions of higher education in other states pursuant to a reciprocity agreement provided by W. Va. Code § 18C-5-6 shall meet all of the eligibility standards set forth in Section 6 of this rule.

Series 47 Commission Organization And Meetings

W. Va. Code R. § 133-47-1 General

1.1. Scope. -- This procedural rule establishes the organization of the West Virginia Higher Education Policy Commission and conduct of its meetings.

1.2. Authority. -- W. Va. Code §§6-9A-1, 18B-1-6.

1.3. Filing Date. -- June 22, 2011.

1.4. Effective Date. -- July 22, 2011.

W. Va. Code R. § 133-47-2 Organization

2.1. The officers of the Commission shall be a chair, vice chair and a secretary. Officers shall be elected in June of each year for a one year term commencing on July 1 and ending on June 30 of the following year. Officers may not serve more than four consecutive terms in the same office.

2.2. There shall be one standing committee: the Executive Committee.

2.2.a. The Executive Committee shall consist of the officers of the Commission.

2.3. Members may be appointed by the Chair of the Commission to special or ad hoc committees.

2.4. All committees shall review and make recommendations to the Commission on matters assigned by the Chair of the Commission or the Executive Committee.

W. Va. Code R. § 133-47-3 Meetings of the Commission

3.1. Meetings of the Commission will be scheduled approximately four (4) times per year. Special meetings may be convened by the Chair, or upon the petition of a majority of the members.

3.2. Meetings will occur in or near Charleston, West Virginia, or in association with campus visits at a public institution of higher education.

3.3. Members may participate in Commission meetings by telephonic or other electronic means which permit the voice or video identification of the member.

3.4. A quorum of a majority of the members actually serving is required to conduct business on matters requiring a vote of the Commission.

3.5. Meetings will be noticed in accordance with the provisions of the Open Governmental Meetings Act. This includes notice of regularly scheduled meetings being filed with the Secretary of State for filing in the State Register at least five days prior to the date of the meeting.

3.6. The agenda for each regularly scheduled meeting will be made available to the presidents of 133CSR47 each institution and to the Chairs of the statewide advisory councils of faculty, students, and classified employees at least three working days before the meeting. Agendas shall also be posted on the Commission’s web site.

3.7. The notice provisions of this section shall not apply in the event of an emergency requiring immediate official action. Notice of an emergency meeting may be filed at any time prior to the emergency meeting and shall include the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.

3.8. All meetings of the Commission shall be open to the public, except the Commission may vote to hold an executive session during its meeting for any of the reasons authorized under W. Va. Code §6-9A- 4. A motion to hold an executive session must identify the authorization in W. Va. Code §6-9A-4 for the executive session and be approved by a majority of the members present.

3.9. At the discretion of the Chair, members of the Commission’s staff, institutional presidents and administrative staff, faculty members, classified employees and members of the public may be recognized to address the Commission during its meeting.

3.10. Meetings will be conducted according to Robert’s Rules of Order subject to the suspension of any rule by a majority vote of the Commission.

3.11. The Commission may cause the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised.

3.12. At least once a year the chair will provide time on the agenda of the Commission to meet with the statewide advisory councils of faculty, students and classified employees to address the Commission on matters of concern to the respective advisory council.

Series 50 Energy And Water Savings Revolving Loan Fund Program

W. Va. Code R. § 133-50-1 General

1.1. Scope. -- This rule establishes guidelines for the state institutions of higher education to follow in applying for an energy and water savings loan.

1.2. Authority. -- W. Va. Code §18B-5-11.

1.3. Filing Date. -- March 22, 2010.

1.4. Effective Date. -- April 21, 2010.

1.5. Purpose. -- The purpose of this rule is to establish policies and procedures for the operation of the Energy and Water Savings Revolving Loan Fund Program.

W. Va. Code R. § 133-50-2 Definitions

2.1. Chancellor. The individual employed as Chancellor for Higher Education pursuant to W. Va. Code §18B-1B-5.

2.2. Commission. West Virginia Higher Education Policy Commission.

2.3. Energy and water conservation measures. Goods or services, or both, to reduce energy and water consumption operating costs of an institution’s facilities. They include, but are not limited to, installation of one or more of the following:

2.3.1. Insulation of a building structure and systems within a building;

2.3.2. Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, or other window or door modifications that reduce energy consumption;

2.3.3. Automatic energy control systems;

2.3.4. Heating, ventilating or air conditioning systems, including modifications or replacements;

2.3.5. Replacement or modification of lighting fixtures to increase energy efficiency;

2.3.6. Energy recovery systems;

2.3.7. Cogeneration systems that produce steam or another form of energy for use by any tenant in a building or complex of buildings owned by an institution;

2.3.8. Energy-conservation maintenance measures that provide long-term operating cost reductions of the building's present cost of operation; or

2.3.9. Water saving devices and fixtures, improvements to infrastructure to minimize water loss, and devices to monitor and control usage.

2.4. Energy or water savings contract. A contract for the evaluation and recommendation of energy and water conservation measures and for implementation of one or more measures.

2.5. Energy and Water Savings Loan or Loans. A loan made from the revolving loan fund established by W. Va. Code §18B-5-11.

2.6. Energy and Water Savings Revolving Loan Fund Program or Program. The program established by W. Va. Code §18B-5-11 to finance projects that will achieve significant reductions in campus energy or water consumption and costs.

2.7. Qualified provider or consultant. A person, firm or corporation experienced in one or more of the following: the identification, quantification, design, implementation or installation of energy and water conservation measures.

2.8. State Institutions of Higher Education or Institutions or Institution. Those institutions of higher education defined in W. Va. Code §18B-1-2(p).

W. Va. Code R. § 133-50-3 Administration

3.1. The provisions of this rule apply to the state institutions of higher education under the jurisdiction of the Higher Education Policy Commission and the Council for Community and Technical College Education.

3.2. The Energy and Water Savings Revolving Loan Fund Program shall be administered by the chief financial officer under the general direction of the Chancellor.

3.3. The program shall be operated as a revolving loan fund to provide loans to state institutions of higher education to finance energy and water conservation measures that will achieve significant reductions in campus energy and water consumption and costs.

W. Va. Code R. § 133-50-4 Establishing an Energy Usage Baseline and Identification of Energy and Water Conservation Measures

4.1. An institution interested in applying for a loan shall establish an energy and water usage baseline for the campus and for each facility from which energy and water savings shall be measured. The baseline shall show the actual monthly energy and water usage for at least the past three years, or the past five years if the records are available.

4.2 The institution shall conduct a survey to identify and quantify energy and water conservation measures for each campus facility.

4.3. Once the energy and water usage baseline and general campus survey are complete, the institution shall rank the energy and water conservation measures in order of potential energy and water savings from highest to lowest.

4.4. The institution may enter into a contract with a qualified provider or consultant to assist in identifying and quantifying the potential energy and water savings of each energy and water conservation measure.

W. Va. Code R. § 133-50-5 Eligibility Criteria

5.1. To be eligible for an energy and water savings loan an institution must:

5.1.1. Submit an application to the Commission in a form required by the Commission;

5.1.2. Specifically identify the energy and water conservation measure(s) the loan will finance; and

5.1.3. Demonstrate that the potential energy and water conservation measure(s) will generate sufficient savings to meet the payback requirements of this section.

5.2. The initial loans will be made for energy and water conservation measures that have a payback period of not more than ten years.

W. Va. Code R. § 133-50-6 Applications

6.1. The Commission will begin taking applications for the initial loans July 1, 2009 and the application period will remain open until December 31, 2009.

6.2. Approved applications not funded after the initial evaluations shall remain active and will be reconsidered as funds become available.

6.3. Institutions will be notified when additional funds become available and may update existing loan applications at that time or submit additional applications.

6.4. Applications shall be made for loans of no less that $50,000 nor more than $1 million.

6.5. During the first year of the program, only one application from each institution will be funded unless all available funds are not utilized.

6.6. The application shall include, at the least:

6.6.1. A detailed description of the energy and water conservation measure(s), including location, start date, anticipated completion date, cost, and method of construction, renovation or upgrade;

6.6.2. Calculations demonstrating the amount of savings anticipated and the required payback period;

6.6.3. Certification by a qualified provider or consultant that the savings' calculations and payback projections are accurate and reasonable;

6.6.4. The amount of loan sought;

6.6.5. The amount of institutional funds, including federal and other funds legally available for this purpose, if any, that will also be dedicated to the project; and

6.6.6. Proposed repayment schedule based upon payments being generated from realized savings.

W. Va. Code R. § 133-50-7 Evaluation Criteria

7.1. The applications will be evaluated by Commission staff using the following criteria:

7.1.1. Greatest energy or water savings attained per dollar loaned;

7.1.2. Shortest loan repayment periods;

7.1.3. Reliability of the savings and payback calculations;

7.1.4. Extent of the energy and water conservation measure’s institution-wide effect; and

7.1.5. The amount of institutional funds, including federal and other funds legally available for this purpose, if any, that can also be dedicated to the project to increase the total potential savings.

7.2. The greatest weight in evaluating applications shall be given to those projects which are anticipated to generate the greatest amount of savings over the shortest period of time.

7.3. Commission staff shall rank the approved applications in proposed funding order for the Commission’s approval.

W. Va. Code R. § 133-50-8 Reports

8.1. Upon final implementation of the energy and water conservation measure(s) financed by a loan provided for by this rule, the institution shall report to the Commission the completion date, the date energy or water savings are expected to start accruing, and the total final costs of the energy and water conservation measure(s).

8.2. On each anniversary date of the completion of an energy and water conservation measure financed under this rule, the institution shall provide a report to the Commission indicating:

8.2.1. Prior average monthly energy or water consumption and costs that the energy and water conservation measure was intended to decrease;

8.2.2. Actual monthly energy or water consumption and costs after the energy and water conservation measure was implemented, adjusted by any increases or decreases in utility or energy or water unit costs; and

8.2.3. Total yearly savings realized in energy and water consumption and costs.

8.3. If the Commission determines that the energy and water savings anticipated but not realized by the institution were the result of unjustified and unreasonable assumptions by the institution, it may require that the institution accelerate the repayment of the loan.

W. Va. Code R. § 133-50-9 Interest

9.1. The initial loans granted shall be repaid at an interest rate of zero percent a year on the unpaid balance. The Commission may increase this interest rate in subsequent years for new loans to a rate not to exceed four percent.

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Series 52 Annual Reauthorization of Degree-Granting Institutions

W. Va. Code R. § 133-52-1 General

1.1. Scope. – This rule establishes the policy regarding annual reauthorization of degree-granting institutions which offer degrees above the associate level.

1.2. Authority. – West Virginia Code § 18B-4-7.

1.3. Filing Date. –March 1, 2023.

1.4. Effective Date. – April 1, 2023.

1.5 Sunset Date. – This rule shall terminate and have no further force or effect on April 1, 2028.

W. Va. Code R. § 133-52-2 Purpose

2.1. The West Virginia Higher Education Policy Commission (Commission), through a process of granting authorization and annual reauthorization of baccalaureate and graduate level higher education institutions operating in West Virginia, has the responsibility of protecting consumers and ensuring students are offered quality education by postsecondary providers within West Virginia. An institution authorized by the Commission is required to operate in accordance with fair consumer practices to ensure that students can make appropriate decisions concerning their investment of time and money.

2.2. Fair consumer practices means honesty, fairness, and disclosure to students in the areas of recruitment, admission, contractual agreements, student financial assistance, obligations to repay student loans, placement assistance and job placement rates, advertising, refund policies, the meaning and recognition of different types of accreditation, the transferability of the institution’s credits to other postsecondary institutions, the offering of quality instructional programs, and other appropriate performance measures.

2.3. The Commission is responsible for the authorization of any institution, association, or organization external to or within the State which desires to offer postsecondary programs or credit-bearing courses in West Virginia. Authorization is required for all postsecondary providers including: non-profit private institutions, proprietary institutions, out-of-state public institutions, degree-granting entities that offer degrees at the baccalaureate level or above, and entities that use the term “academy,” “college,” “institution,” “university” or similar title, hereafter referred to as “institution.”

2.4. The Commission is responsible for the annual reauthorization of any private, proprietary, or out-of-state postsecondary institution that has physical presence in West Virginia and offers degree programs above the associate level except for those institutions exempted by the Commission under Section 4 of this rule. The process of conferring reauthorization by the Commission includes the monitoring of standards for degrees awarded, the collection and dissemination of pertinent institutional data, the conduct of certain reviews and audits, and the imposition of certain sanctions including revocation of degree-granting authority.

2.5. Existing institutions of higher education authorized to operate in West Virginia prior to the effective date of this rule are subject to the reauthorization provisions of this rule and shall report annually to the Commission on all items related to reauthorization prescribed in this rule.

2.6. The provisions of this rule apply to the annual reauthorization of any private institution in West Virginia which offers degrees above the associate level.

2.7. West Virginia’s public universities shall remain continuously authorized to operate unless the Legislature takes affirmative action to suspend or discontinue its operations; Provided, That such public universities shall provide information delineated in Section 5.4 to the Commission upon request or as needed for reporting purposes.

2.8. The Commission shall make available information on institutional performance of all public institutions located in West Virginia, including Marshall University and West Virginia University, on the Commission’s website and through other appropriate venues.

W. Va. Code R. § 133-52-3 Definitions

3.1. “Accreditation” means a review of the quality of higher education institutions and programs to ensure that such institutions meet acceptable levels of quality, which is attained by the institution through meeting standards set by a nongovernmental entity (i.e., an accrediting organization recognized by the U.S. Department of Education) as well as federal and State government agencies authorized to set such standards.

3.2. “Authorization” means the status attained by the institution that allows the institution to offer postsecondary programs and courses within the State of West Virginia. This status is granted by the Higher Education Policy Commission when the institution demonstrates compliance with the requirements for such status.

3.3. “Chancellor” means the Chancellor for Higher Education as that term is defined by W. Va. Code §18B-2-1 or his or her designee.

3.4. “Commission” means the West Virginia Higher Education Policy Commission.

3.5. “Council” means the West Virginia Council for Community and Technical College Education.

3.6. “Degree” means any earned award conferred by a higher education institution which represents satisfactory completion of the requirements of a program, or course of study, or any instruction beyond or apart from the secondary level of greater duration than eleven months of full-time study.

3.7. “Institution” means any person, firm, corporation, association, agency, institute, trust, or other entity of any nature whatsoever offering education beyond the secondary level which:

3.7.a. Offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward a baccalaureate, masters, doctorate, or other specialized certification or degree designation above the associate’s degree level; or

3.7.b. Operates a facility as a college or university or other entity in the State of West Virginia which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or

3.7.c. Uses the term “college” or “university,” or words of like meaning in its name or in any manner in connection with its academic affairs or business.

3.8. “Physical presence” means an actual presence in the State, online or on-site, for the purpose of conducting activity related to: a postsecondary educational institution; educational services; dissemination of educational credentials; or enrollment, solicitation, or advertising. “Physical presence” shall include but not be limited to:

3.8.a. An instructional site within the state;

3.8.b. Dissemination of an educational credential from a location within the State.

3.8.c. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or performing any other activity on behalf of the sponsoring institution;

3.8.d. Advertising, promotional material, or public solicitation in any form that targets West Virginia residents through distribution or advertising in the State;

3.8.e. Instructional delivery that receives assistance from any other organization within the State in that delivery; or

3.8.f. Clinical experiences, internships, or other similar curricular requirements.

3.8.g. Activities exempt from this definition include: online instructors residing in West Virginia but having no direct, in-person contact with students and individuals participating in college fairs coordinated by the Commission or West Virginia local school districts.

3.9. “Reauthorization” is the process by which an institution annually renews its status as an institution authorized to offer programs and courses for in West Virginia residents. This status is granted by the Commission when the institution demonstrates compliance with the requirements for such status.

3.10. “Religious, theological, or faith–based institution” means a postsecondary institution that offers no degree programs other than those specifically related to the institution’s doctrine. Institutions that offer general degree programs cannot be exempted by this rule as religious, theological, or faith-based.

W. Va. Code R. § 133-52-4 Exemptions

4.1. Any institution fully authorized by the Commission to operate in West Virginia prior to the effective date of this rule is subject to the provisions of this rule pertaining to reauthorization except as provided in subsection 4.2.

4.2. The following institutions shall be exempt from the provisions of this rule:

4.2.a. Correspondence, business, occupational and trade schools which are regulated under West Virginia Code §18B-2B-9 and 135 C.S.R. 35, Business, Occupational and Trade Schools.

4.2.b. Out-of-state institutions:

4.2.b.1. Offering courses through brokering or other collaborative arrangements with a West Virginia public institution of higher education and which support programmatic offerings of the State institution;

4.2.b.2. Offering a short course or seminar in which the instruction for the segment takes no more than 20 classroom hours and is not for college credit;

4.2.b.3. Offering courses or programs on a military installation solely for military personnel or civilians employed on such installation;

4.2.b.4. Offering courses or programs at a location in West Virginia by the authority of the Commission for a designated period of time; or

4.2.b.5. Offering online courses or programs with Commission approval for a specified period of time.

4.2.c. Non-Degree granting institutions whose programs are designed primarily for job entry or upgrading of skills and are described in clock (contact) hours. These programs typically prepare individuals for employment and do not require courses beyond those specific to the job or its field with program length sufficient to effect outcomes.

4.2.d. A religious, theological, or faith-based institution which meets the criteria for exemption outlined in 133 C.S.R. 20, Initial Authorization of Degree-Granting Institutions, and offers no degree programs other than those specifically related to the institution’s doctrine.

4.2.e. Those institutions subject to annual reauthorization by the West Virginia Council for Community and Technical College Education, pursuant to W. Va. Code § 18B-4-7 and 135 C.S.R. 52, Annual Reauthorization of Degree-Granting Institutions.

W. Va. Code R. § 133-52-5 Annual Reauthorization

5.1. All authorized institutions, except West Virginia public universities and those previously exempted in subsection 4.2 of this rule, must annually submit a reauthorization application report in a format prescribed by the Chancellor. The annual reauthorization year will be from July 1 through June 30, with the 2012-2013 year being the initial reporting year. The annual application is due each November 1 and must be accompanied by an annual fee as provided in section 9 of this rule.

5.2. Reauthorization applications postmarked after November 1 or other due date will be assessed a late renewal fee as prescribed in section 9 of this rule.

5.3. Upon request by the Commission, authorized institutions must provide documentation necessary to assess the performance of the institution.

5.4. The reauthorization application shall include the following:

5.4.a. Name and address of the institution of higher education;

5.4.b. Chief executive officer’s name, title, address, phone number, and email address;

5.4.c. Institutional liaison’s name, title, address, phone number, and email address;

5.4.d. Verification of current accreditation status and copy of latest annual Higher Learning Commission Institutional Update Report;

5.4.e. Full and part-time student enrollments of resident and non-resident students for each term during the most recent reporting year;

5.4.f. A current schedule of fees and charges for tuition;

5.4.g. First to second year retention rates for first-time, full-time certificate and degree-seeking students for the most recent year;

5.4.h. Graduation rates for undergraduate degree-seeking first-time, full-time freshmen for the most recent graduating six-year cohort year;

5.4.i. Licensure pass rates for completion of all professional programs, e.g., education, nursing, and engineering, for the most recent year;

5.4.j. A plan for the retention, custody, and retrieval of student records, including but not limited to academic transcripts, financial aid documents, international student forms, and tax information, in the event of closure of the institution or discontinuance of service. The plan shall include a method by which students and alumni of the institution will be able to retrieve such records upon request; and

5.4.k. Any additional information or data as deemed necessary.

5.5. The Commission shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Commission staff.

5.6. Upon receipt of the annual reauthorization application, Commission staff shall review the submitted documentation and render a recommendation to the Commission. The Chancellor may convene a compliance review committee to evaluate unique circumstances or possible issues associated with an institution’s reauthorization application. The committee will analyze the information and advise the Chancellor regarding future action. The committee may be composed of:

5.6.a. Persons who are qualified by academic training or professional experience to verify the institution’s compliance with Commission standards for authorization;

5.6.b. Persons who are representative of both public and private institutions;

5.6.c. Members of the Commission staff; and/or

5.6.d. Any other person(s) deemed necessary by the Chancellor.

5.7. Upon review of documentation the Chancellor shall recommend to the Commission that institutions that are found to be in compliance with generally accepted parameters of operation be reauthorized.

5.8. If after review of required documentation, Commission staff find that the institution is not in compliance with generally accepted parameters of operation, the Chancellor may request additional documentation for review.

5.9. Each institution shall provide all information the Chancellor considers necessary to assess the performance of the institution and determine whether the institution continues to meet the minimum standards for conferring degrees.

5.9.a. Program information.

5.9.a.1. A list of current degree programs offered in West Virginia by the institution;

5.9.a.2. Results of any external degree program evaluation during the last year, if any;

5.9.a.3. A list of any degree programs that have ceased to be offered during the previous year;

5.9.b. Financial information.

5.9.b.1. The latest financial statement for the most recent fiscal year compiled and audited by an independent certified public accountant, including any management letters provided by the independent auditor.

5.9.c. Student information.

5.9.c.1. A current schedule of fees, charges for tuition, required supplies, student activities, and all other student charges;

5.9.c.2. The institution’s policy about tuition and fee refunds and adjustments for the initial reporting year, and changes only for reporting in subsequent years;

5.9.d. The Commission shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Commission staff.

5.10. On-site review.

5.10.a. The Commission staff, at the Chancellor’s discretion, may conduct on-site reviews to assess institutional compliance with the minimum standards for conferring degrees as outlined in 133 C.S.R. 20, Initial Authorization for Degree-Granting Institutions. The Commission staff may evaluate maintenance of adequate academic and performance standards, conduct financial audits, or require the institution to perform such audits and provide detailed data as necessary to render a thorough and comprehensive assessment. When possible, the visit will be scheduled at a time which is mutually convenient to the institution and Commission staff. The institution shall pay the reasonable expenses associated with the compliance review visit.

5.10.b. Following review of submitted documentation and any requisite site visit, the Commission staff will prepare an analysis of the findings.

5.10.c. Commission staff will provide a draft of its report prepared in accordance with this section to the institution for comment and correction of factual errors. The institution may provide the Commission a response to the report within 10 working days of receipt of the report. The institutional comments will be included with the Chancellor’s recommendation presented to the Commission.

5.10.d. The Chancellor will develop a recommendation for the Commission regarding the institutional reauthorization application. Only those institutions which meet generally accepted higher education state standards of quality will be recommended for reauthorization.

5.10.e. If the Chancellor finds that an institution does not meet the generally accepted higher education state standards of quality, the Chancellor will recommend to the Commission that it deny reauthorization of the institution. Once reauthorization is denied, the institution is subject to the authorization requirements, process, and review in 133 C.S.R. 20, Initial Authorization of Degree-Granting Institutions, in order to seek authorization to operate within West Virginia.

5.10.f. An institution submitting an annual reauthorization report determined by the Commission as meeting the standards for reauthorization shall retain its authorized status for the following year.

W. Va. Code R. § 133-52-6 [Reserved]

W. Va. Code R. § 133-52-7 Dissemination of Institutional Information

7.1. The Commission shall make available to the public information on matters of institutional performance that are not confidential and not restricted by federal or state laws or regulations. Such information may be posted on the Commission’s website or disseminated through other appropriate venues.

7.2. The Commission office shall maintain a list of institutions authorized to grant degrees and shall make such list available to the public.

W. Va. Code R. § 133-52-8 Change of Ownership and Control

8.1. Authorization of an institution terminates when a change in ownership or control of the institution changes from that indicated on the institution’s most recent reauthorization application unless the institution files an application within 10 business days after the change of ownership or control. Such institution shall submit an application reflecting the change in ownership and control and an application fee of $500.

8.1.a. If an institution files an application requesting approval of a change of ownership and control more than 10 business days after such change takes effect, the authorization terminates and such an application will be considered as an application for authorization and the institution shall pay the fees specified in 133 C.S.R. 20, Initial Authorization for Degree-Granting Institutions.

8.1.b. An authorized institution shall notify the Commission of any anticipated change in ownership or control at least 30 days prior to the change in ownership and control.

W. Va. Code R. § 133-52-9 Reauthorization Fees

9.1. A non-refundable fee of $500 shall accompany the submission of the annual application report for reauthorization.

9.2. Failure to file the annual report or to pay the report fee shall be sufficient grounds for denial of reauthorization or suspension or revocation of degree granting authority. An institution filing a report that is postmarked after the November 1 due date will be assessed a late fee of $300.

9.3. The annual fee and annual report requirements shall be applicable for all years of authorization through the Commission.

9.4. Public institutions located in West Virginia are exempt from the requirement of payment of reauthorization fees as provided in this section.

W. Va. Code R. § 133-52-10 Sanctions and Termination of State Authorization

10.1. Intermediate sanctions. – If an institution fails to comply with the provisions for reauthorization in this rule, the Commission may progressively impose one or more of the following sanctions.

10.1.a. Require the submission and implementation of an improvement plan to address or correct problems identified by the Commission; and/or

10.1.b. Suspend the ability of an institution to enroll students for one or more of the approved programs offered by the institution.

10.1.b.1. In addition to the foregoing, the Commission may suspend the ability of an institution to enroll future students and deny reauthorization for the next year if any of the following occur:

10.1.b.1.a. The institution fails to provide to the Commission an approved teach-out plan within the requisite time after being notified by its accreditor or the Commission that it needs to do so;

10.1.b.1.b. The institution continuously fails to provide essential student services in a timely manner, including without limitation processing transcript requests or financial aid; or

10.1.b.1.c. The institution fails to comply with State or federal wage and hour laws or employee compensation contracts or the statutory requirements regarding any required subscription to the Unemployment Compensation Fund or workers’ compensation insurance, the payment of premiums or other charges as required to maintain such coverage, the timely filing of payroll reports, or the maintenance of adequate deposits.

10.2. Termination of state authorization.

10.2.a. An institution shall provide the Commission with a copy of any notice, warning, suspension, revocation, or other adverse action received from any national or regional accrediting agency within five business days of receipt of such notice. The Commission shall terminate the authorization of any institution that fails to fulfill any requirements prescribed by its accreditor within timeframes established by the accreditor.

10.2.b. The Commission may for good cause suspend, withdraw, or revoke the authorization of an institution to generate or solicit students within the state, place an institution on probation, order refunds to students, forfeit the institution’s surety bonds, revoke an institution’s degree granting authority, or take any other appropriate action per 133 C.S.R. 20, Initial Authorization of Degree-Granting Institutions.

10.2.c. The Commission may terminate state authorization if the institution fails to submit an acceptable annual reauthorization application or submits an incomplete or unsatisfactory reauthorization application, as determined by Commission staff in accordance with the provisions of this rule.

10.2.d. The Commission shall revoke the authority of an institution to confer degrees at any time when the institution’s governing body, chief executive officer, or both have done any one or more of the following:

10.2.d.1. Failed to maintain the minimum standards for conferring degrees;

10.2.d.2. Refused or failed to provide information to the Commission in a manner and within a reasonable timeframe as established by the Commission; or

10.2.d.3. Provided false, misleading, or incomplete information to the Commission.

10.2.e. The Commission shall terminate the authorization of an institution authorized as a religious, theological, or faith-based college that fails to meet the criteria for a religious institution. The Commission shall notify the institution of its action in writing and allow a phase-out period of not more than one additional academic term. The institution may file an appeal to the Commission within 10 business days of its receipt of the written notice. In the absence of a timely appeal, the termination shall be final.

10.3. Notification to cease offering degrees or degree credits. If an institution not authorized by the Commission offers degrees and/or degree credits in West Virginia, the Commission shall notify the institution by certified mail that it shall cease immediately to offer degrees and/or degree credits. The Commission shall initiate appropriate legal action if the institution fail to comply.

W. Va. Code R. § 133-52-11 Notification and Deposit of Records Upon Discontinuance of Operations

11.1. If an authorized institution, branch campus, or extension program of an authorized institution discontinues operation in this State, its chief executive officer shall notify the Commission of the date of discontinuance and the name and address of the agency where records will be maintained.

11.2. Institutions shall permanently maintain their records so that authorized parties may obtain copies thereof. Such records shall include, but not be limited to, information pertaining to the admission of each student and former student and the educational record of each student and former student. Institutions shall retain financial aid records of each student and former student in accordance with State and federal law.

11.3. When an institution decides to cease postsecondary education operations, it must assist students to find alternative means to complete their studies with a minimum of disruption and inform the Commission of the following:

11.3.a. The planned date of termination of postsecondary education operations;

11.3.b. The planned date for the transfer of student records;

11.3.c. The name and address of the organization to receive and hold the student records, if different from the institution itself; and

11.3.d. The official at the organization who the institution has designated as the records custodian to provide official copies of records or transcripts upon request.

11.4. Any institution that fails to comply with the requirements of this section forfeits consideration by the Commission of any application for authorization or reauthorization.

W. Va. Code R. § 133-52-12 Notification: Appeals

12.1. Once the Commission has received and verified the accuracy of information constituting any of the grounds for adverse action identified in this rule, the Commission shall notify the institution and its owner in writing of its intent to recommend denial, suspension, or revocation of reauthorization or other adverse action and the grounds for such recommendation.

12.1.a. The owner of the institution may, within 10 business days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced by the Chancellor within 20 business days of such request at a location designated by the Chancellor.

12.1.b. The hearing shall be conducted by the Chancellor pursuant to the West Virginia Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq.

12.1.c. The Chancellor may continue the hearing at the request of the institution for good cause shown. Continuance shall not be granted as a matter of right.

12.1.d. If the owner or a representative of the institution does not request a hearing within the requisite time period, the recommendation of the Chancellor shall be deemed unchallenged by the institution and reported to the Commission for final action.

12.2. During the hearing, the grounds for denial, suspension, withdrawal, or revocation of authorization to operate the institution or other adverse action must be established by a preponderance of the evidence.

12.3. Irrelevant, immaterial, or unduly repetitious evidence may be excluded from the hearing. Formal rules of evidence as applied in civil cases in the circuit courts of this state shall not be applied. When necessary to ascertain facts not reasonably susceptible of proof under those formal rules evidence not admissible there under may be admitted, except where precluded by statute, if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

12.4. The rules of privilege recognized by the law of this state shall be followed.

12.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

12.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Chancellor and may cross-examine witnesses called by the Commission in support of the charges.

12.7. The hearing shall be open to the general public.

12.8. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions, and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Commission’s files. All recorded materials shall be transcribed. The Commission shall have the responsibility to make arrangements for the transcription and provision of the reported testimony and evidence to the parties. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

12.9. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

12.10. The Commission may call witnesses to testify in support of charges, may present such other evidence to support its position, and may cross-examine witnesses called by the institution in support of its position.

12.11. All parties shall have the right to offer opening and closing arguments.

12.12. Hearings may be continued or adjourned to a later date or different place by the Chancellor upon appropriate notice to all parties.

12.13. All motions related to a case set for hearing, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Chancellor at least 10 business days before the hearing. Pre-hearing motions shall be heard at a pre-hearing conference or at the hearing prior to the commencement of testimony.

12.14. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Chancellor.

12.15. At any time prior to the hearing or thereafter, the Chancellor may hold conferences for the following purposes:

12.15.a. To dispose of procedural requests, pre-hearing motions, or similar matters;

12.15.b. To simplify or settle issues by consent of the parties; or

12.15.c. To provide for the informal disposition of the case by stipulation or agreement.

12.16. The Chancellor may cause such conferences to be held on the Commission’s own motion or by the request of a party.

12.17. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this State.

12.18. Any final order entered by the Commission following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code § 29A-5-3. Such orders shall be entered within 60 days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law unless good cause exists to extend such time or by agreement of the parties.

12.19. Findings of fact and conclusions of law shall be recommended to the Commission by the Chancellor and must be approved by a majority of the Commission by vote at a regular meeting before a final order is entered. A copy of the final order approved by a majority of the Commission shall be served upon the institution and/or its attorney of record, if any, within 10 business days after entry by the Commission by personal service or by registered or certified mail.

12.20. The final order may suspend, withdraw, or revoke the authorization of the institution; place the institution on probation; order refunds to students; order forfeiture of the institution’s surety bond.

12.21. All proceedings pursuant to this rule shall be conducted pursuant to and comply with applicable statute, including, but not limited to, West Virginia Code § 29A-5-1, et seq.

12.22. Nothing in this rule precludes an institution’s current or former students or current or former employees from pursuing any remedy at law or equity that may be available to them based on the institution’s actions or failures to act in accordance with this rule or any other provision of applicable law.

Series 54 Campus Safety Procedures

W. Va. Code R. § 133-54-1 General

1.1. Scope. -- This rule establishes guidelines and procedures that will direct institutional planning and response to on-campus emergencies at public four-year higher education institutions in West Virginia.

1.2. Authority. -- West Virginia Code §18B-1-6(c)(3).

1.3. Filing Date. -- October 31, 2019.

1.4. Effective Date. -- December 1, 2019.

1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 54, dated September 7, 2018.

W. Va. Code R. § 133-54-2 Purpose

2.1. The primary purposes of this rule are to:

2.1.a. Ensure communication between individual campuses, the West Virginia Higher Education Policy Commission (Commission), and state leadership and emergency management personnel;

2.1.b. Ensure that institutions have up-to-date emergency procedures, a Continuity of Operations Plan (COOP), and teams in place;

2.1.b.1. Continuity of Operations Plan is defined as an effort within institutions to ensure that Primary Mission Essential Functions (PMEFs) continue to be performed during a wide range of emergencies, including localized acts of nature, accidents and technological or attack-related emergencies. The COOP should include methods and processes by which the critical activities performed by institutions, especially after a disruption of normal activities, may be continued with little or no interruption of essential services.

2.1.b.2. There are two categories of essential functions: Primary Mission Essential Functions (PMEFs), and Mission Essential Functions (MEFs). It is the responsibility of the institution to determine the functions in each category, however the complete plan should address:

2.1.b.2.a. Orders of Succession. Provisions for the assumption of senior agency offices during an emergency in the event that any of those officials are unavailable to execute their legal duties.

2.1.b.2.b. Delegations of Authority. Identification, by position, of the authorities for making policy determinations and decisions at the senior staff level, administrative and faculty levels, staff levels and coordination of services at the student level. Generally, pre-determined delegations of authority will take effect when normal channels of direction have been disrupted and will lapse when these channels have been reestablished.

2.1.b.2.c. Continuity Facilities. Locations, other than the primary facility, used to carry out essential functions, particularly in a continuity event. Continuity Facilities, or “Alternate Facilities”, refers to not only other locations, but also nontraditional options such as working at home (teleworking/telecommuting), and mobile-office concepts.

2.1.b.2.d. Continuity Communications. Communications that provide the capability to perform essential functions, in conjunction with other agencies, under all conditions.

2.1.b.2.e. Vital Records Management. The identification, protection and ready availability of electronic and hard copy documents, references, records, information systems, data management software and equipment needed to support essential functions during a continuity situation.

2.1.b.2.f. Human Capital. During a continuity event, emergency employees and/or other pre-determined employees who are activated by an agency to perform assigned response duties.

2.1.b.2.g. Tests, Training, and Exercises. Measures discussed and/or exercised in some manner periodically to ensure that an institution’s continuity plan is capable of supporting the continued execution of the institution’s essential functions throughout the duration of a continuity event.

2.1.b.2.h. Devolution of Control and Direction. Capability to transfer statutory authority and responsibility for essential functions from an institution’s primary operating staff and facilities to other capable institution employees and available facilities.

2.1.b.2.i. Reconstitution. The process by which surviving and/or replacement institution personnel resume normal institutional operations from the original or replacement primary operating facility.

2.1.c. Ensure that institutions make available to the campus community members information on how to respond to emergency situations, make them aware of the COOP, and provide campus safety education and training programs on an on-going basis;

2.1.d. Provide coordination of resources in times of a campus or statewide emergency;

2.1.e. Provide emergency best practices, training, and resources for institutions; and

2.1.f. Provide that individual campuses have a plan and method by which critical and essential operations may continue in times of natural or manmade disasters, documents and records are stored and accessible in a protected location, and that an order of succession is identified and authority is delegated to appropriate individuals.

W. Va. Code R. § 133-54-3 Guidelines

3.1. The following will guide the further development and coordination of emergency preparedness and response, and establishment of a COOP associated with natural and violent incidents on-campus:

3.1.a. All institutions are required to report any major emergency to the Chancellor or the Executive Vice Chancellor for Administration within a reasonable time from the initiation of the incident, and/or when it is safe and practicable to do so.

3.1.b. All institutions are required to have an emergency plan in place that addresses, but it is not limited to, the following: natural disasters, such as earthquakes, flooding, or tornados; violent acts, such as active shooters and hostage situations; and health related emergencies, such as the outbreak of an infectious disease. Additionally, all institutions are required to have a COOP in place that addresses the performance of essential functions during all-hazards emergencies or other situations that may disrupt normal operations. A public version of the emergency plan is to be made available on the institution’s website; this version would not contain sensitive information that could be used to cause harm.

3.1.c. All institutions are required to annually review their emergency plans and COOP.

3.1.d. Faculty, staff, and students should be offered training concerning emergency procedures, especially how to react to violent acts on-campus.

3.1.e. All institutions are required to hold at least one campus-wide emergency drill each year. The simulation should be inclusive of faculty, staff, students, and members of the state and local emergency response community.

3.1.f. All institutions are required to develop and maintain a threat assessment committee/team. The purpose of this committee is to meet on a regular basis to discuss potential human and physical threats to the campus community. Additionally, this team should address issues associated with the COOP, including but not limited to essential functions, orders of succession, delegates of authority, continuity of facilities and communications, vital records management, and human capital. A threat assessment committee should consist of, but is not limited to, campus leadership who direct academic affairs, campus safety and security, student conduct, student health, and facilities.

3.1.g. The Commission will actively provide training and resources associated with emergency planning and response and Continuation of Operations (COOP) best practices as requested.

W. Va. Code R. § 133-54-4 Emergency Situations

4.1. The president, in conjunction with local or state public safety officials, has the authority to comply with the emergency situation and close the institution. Such a declaration will be transmitted to the Chancellor or to the Executive Vice Chancellor for Administration. The president, working with public safety officials, will determine when the emergency condition no longer exists.

Series 55 Human Resources Administration

W. Va. Code R. § 133-55-1 General

Scope. -- This rule establishes policy in a number of areas regarding human resources administration for the employees of the West Virginia Higher Education Policy Commission (Commission) and the public higher education institutions in West Virginia under the jurisdiction of the Commission. It also provides guidelines for governing boards relative to decisions pertaining to public higher education employees.

The primary responsibility for implementation rests with the Commission, in consultation with the West Virginia Council for Community and Technical College Education (Council), who shall provide leadership and assistance to the human resources professionals, presidents and boards of governors of each organization to bring about the changes successfully and to support the human resources function of each organization.

Authority. -- West Virginia Code §18B-1B-6, §18B-4-2a, §18B-7, §18B-8, §18B-9A and §18B-9B.

Filing Date. -- March 2, 2023.

Effective Date. -- April 2, 2023.

Sunset Date. -- This rule shall terminate and have no further force or effect on April 2, 2028.

W. Va. Code R. § 133-55-2 Purpose

2.1. The intent of this rule is to establish human resources policies applicable to public higher education capable of, but not limited to, meeting or assisting the governing boards in the following objectives.

2.1.a. Implementing contemporary programs and practices to reward and incentivize performance and enhance employee engagement;

2.1.b. Providing benefits to the citizens of the State of West Virginia by supporting the public policy agenda as articulated by state policymakers;

2.1.c. Addressing fiscal responsibility by making the best use of scarce resources and promoting fairness, accountability, credibility and transparency (FACT) in personnel decision-making;

2.1.d. Providing for job requirements and performance standards for classified staff positions, with annual job performance evaluations for classified staff and provisions for job performance counseling when appropriate;

2.1.e. Building upon human resources best practices to prevent, reduce, or, wherever possible, eliminate arbitrary and capricious decisions affecting employees of higher education organizations;

2.1.f. Creating stable, self-regulating human resources policies capable of evolving to meet changing needs;

2.1.g. Providing for institutional flexibility with meaningful accountability;

2.1.h. Adhering to federal and state laws, promulgated and adopted rules;

2.1.i. Enhancing the sharing of human resources best practices throughout the state higher education system;

2.1.j. Encouraging organizations to pursue a human resources strategy which provides monetary and non-monetary returns to employees in exchange for their time, talents, and efforts to meet articulated goals, objectives and priorities of the State, the Commission and the organization;

2.1.k. Maximizing the recruitment, motivation and retention of highly qualified employees, promoting satisfaction and engagement of employees with their jobs, promoting job performance and achieving desired results;

2.1.l. Requiring each higher education organization under the jurisdiction of the Commission to achieve full funding of the salary schedule minimum salary levels for classified employees, providing funding is available;

2.1.m. Implementing contemporary programs and practices to reward and incentivize performance and enhance employee engagement;

2.1.n. Developing and implementing a classification and compensation system that is fair, transparent, understandable, easy to administer, self-regulating, and adaptable to meet future goals and priorities; and

2.1.o. Providing current, reliable data to governing boards, the Commission, the Council, the Governor and the Legislature to inform the decision-making process of these policymakers.

W. Va. Code R. § 133-55-3 Definitions

3.1. The definitions related to higher education human resources administration are outlined in the attached document, Appendix A.

W. Va. Code R. § 133-55-4 Types of Employment and Benefit Eligibility

4.1. Casual Employee. A casual employee position is a position created to meet business needs for no more than 450 hours in a twelve-month period. Individuals in a casual employee position are not eligible for benefits.

4.2. Full-Time Regular Employee. Any employee in a position created to last a minimum of nine months of a twelve-month period and in which such employee is expected to work no less than 1,040 hours during said period. The full-time equivalent (FTE) of such a position must be reported at no less than .53 FTE. Such an employee is eligible for all applicable benefits of a full-time regular employee, subject to the qualifying conditions of each benefit. Such benefits shall be prorated in relation to a 1.00 FTE.

4.3. Part-Time Regular Employee. An employee in a position created to last less than 1,040 hours during a twelve-month period. Part-time regular positions typically continue from one fiscal year to another. An employee in a part-time regular position is not eligible for benefits.

4.4. Temporary Employee. An employee hired into a position expected to last fewer than nine months of a twelve-month period. Temporary employees may be part-time temporary or full-time temporary. A temporary employee is not eligible for benefits.

4.5. Although part-time, casual, temporary and student employees are not eligible for higher education benefit programs, institutions are cautioned to monitor average hours worked per week to identify situations where eligibility for health insurance is triggered and compliance with the federal Affordable Care Act (ACA) is required. No number of ACA eligible periods of part-time, temporary, casual or student employment shall create any presumption of a right to appointment as a full-time or part time regular employee.

4.6. Any employee may elect to enroll and contribute wages to a 403(b) tax deferred retirement savings account. Enrollment is voluntary and 403(b) deferrals are not matched by the employer. Election to defer wages to a retirement savings account shall not create any presumption of a right to appointment as a full-time or part-time regular employee.

W. Va. Code R. § 133-55-5 Employee Categories

5.1. Higher education employees are segmented into one of the following categories or classes. Employees in each category may be full-time or part-time or regular or temporary.

5.1.a. Classified Employee. Any regular full-time or regular part-time employee of an organization who does not meet the duties test for exempt status under the provisions of the Fair Labor Standards Act; and is not otherwise a nonclassified employee.

5.1.b. Faculty Employee. Faculty employees are appointed at the discretion of the institutional president or designee to support the academic mission of the institution, via teaching, research, public service, and or academic administration. A full time faculty member is an employee appointed to render full time academic service for a full academic year under a nine-month minimum appointment for at least six (6) semester credit hours teaching per semester or the equivalent in teaching, research, public service, and/or administrative responsibilities.

5.1.c. Nonclassified Employee. Nonclassified employees, unless otherwise established by action of the organization or institution where employed, serves at the will and pleasure of the organization, which authority may be delegated by act of the governing board or the Commission. To be designated as nonclassified, the employee must meet one or more of the following criteria:

5.1.c.1. Employee holds a direct policy-making position at the department or organization level;

5.1.c.2. Employee reports directly to the president or chief executive officer of the organization;

5.1.c.3. Employee is in a position considered by the chancellor, president or designee to be critical to the organization pursuant to policies or decisions adopted by a governing board;

5.1.c.4. Employee in an information technology-related position which may be defined by policies or decisions adopted by a governing board;

5.1.c.5. Employee hired after July 1, 2017 in a position that meets the duties test for exempt status under the provisions of the Fair Labor Standards Act when hired or anytime thereafter; or

5.1.c.6. An employee in a nonclassified position as of January 1, 2017 who may not meet criteria listed in subsections 5.1.c.1. through 5.1.c.5. of this rule.

5.1.d. Student Employee. An employee enrolled at the institution as a student and whose primary purpose for being at the institution is to obtain an education. The employee category of “student employee” is for students who work at the institution in jobs or positions that are solely available to students enrolled at the institution, as opposed to the general public. When the student worker is no longer enrolled he/she is no longer eligible to work in the student worker position. A student employee is not eligible for benefits.

W. Va. Code R. § 133-55-6 Part-Time and Temporary Employees

6.1. Institutions are discouraged from hiring part‑time employees solely to avoid the payment of benefits or in lieu of full‑time employees and shall provide all classified employees with less than twelve month appointments with the opportunity to accept part‑time or full‑time summer employment before new persons are hired for the part‑time or full‑time employment, provided the classified employee meets the established position qualifications.

6.2. Change in status. The president or his/her designee will review and make a final determination as to the status or change in status of any employee. Determination of status or change in status means assignment to, or change in the type of employment or the category to which an employee is assigned.

6.3. When the president or his/her designee determines that a part-time regular employee becomes a full-time regular employee, he/she shall credit that employee's previous service toward any calculation of length of service for purposes of this rule and benefit eligibility based upon a prorated comparison against a 1.00 FTE. Previous length of service as temporary, casual, and student employees shall not be credited toward seniority calculations under other sections of this rule or statute.

W. Va. Code R. § 133-55-7 Workweek

7.1. The standard workweek is thirty-seven and one-half hours. The workweek is a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:00 a.m. on Saturday and ends at 11:59 p.m. on Friday.

W. Va. Code R. § 133-55-8 Work Schedules

8.1. Each institution shall establish a policy, with the advice and assistance of staff council and other groups representing classified employees, which shall: address any institution‑specific procedures concerning the use of flexible work schedules, job sharing, and four‑day work weeks; discourage temporary, non‑emergency changes in an employee’s work schedule; and provide a mechanism for changes in, and notification of, changes in work schedules. This policy shall also provide that, where possible, the institution shall provide the employee with reasonable notice of such changes.

W. Va. Code R. § 133-55-9 Pay Calculations

9.1. Base salary is calculated on a thirty-seven and one-half (37 1/2) hour workweek.

9.2. When base salary increases are calculated and rounding is involved, the policy is to round up to the nearest even dollar amount.

9.3. Overtime pay for non-exempt employees is calculated at the rate of one and one-half (1 1/2) times the regular hourly rate, which is the total base salary, plus any incremental pay, divided by 1,950 hours. Overtime does not commence until forty (40) hours have actually been worked within one (1) workweek. Regular hourly pay, also known as "straight time," is paid for work time between thirty-seven and one-half (37 1/2) hours and forty (40) hours in a work week.

9.4. Only actual hours worked are included in calculating overtime. Pay which is received for holidays, annual leave, sick leave, or work release time, as authorized by Series 38, is not counted as working hours for purposes of overtime.

9.5. Annual leave, sick leave and longevity do not accumulate in any part of a month for which an employee is off the payroll on leave without pay or during a terminal leave period. A terminal leave period is that time between the employee's last day of work and his/her last day on the payroll. Longevity continues to accrue for employees absent from work and off the payroll when the absence is due to a work related illness or injury covered by workers compensation, or is due to military service in accordance with applicable federal law.

W. Va. Code R. § 133-55-10 Holiday Premium Time Off

10.1. When a full-time or part-time classified non-exempt employee is required to work on any designated board or institution holiday, that employee at his/her option shall receive regular pay for that holiday plus substitute time off or additional pay at the rate of one and one-half (1 1/2) times the number of hours actually worked. The time off must be used within a six-month period following the holiday.

10.2. When an exempt employee is required to work on any designated board or institution holiday, that employee shall be given substitute time off on an hour‑for‑hour worked basis.

W. Va. Code R. § 133-55-11 Compensatory and Overtime Provisions

11.1. Compensatory time off shall be allowed only to the extent authorized by federal and state law.

11.2. Each institution may offer non‑exempt employees compensatory time off in lieu of overtime pay. All hours worked beyond thirty-seven and one-half (37½) hours and up to and including 40 hours are calculated at the employee’s regular hourly rate. Pay for time worked beyond 40 hours in a work week are to be calculated at a rate of one and one‑half (1½) times the regular hourly rate.

11.3. A written agreement between the employee and the institution shall exist when the employee chooses compensatory time off in lieu of overtime pay. The written agreement may be modified at the request of either the employee or employer at any time but under no circumstances shall a change in the agreement deny the employee compensatory time heretofore acquired.

11.4. Each institution shall develop an agreement form for compensatory time accumulation in lieu of overtime payment and shall specify the required approval process which must be completed before a non‑exempt employee may work beyond thirty-seven and one-half (37½) hours.

11.5. Employees may accumulate up to two hundred forty (240) hours of compensatory time and shall be paid for all hours worked above the maximum accrual.

11.6. Employees in public safety, seasonal work, and/or emergency response categories may accumulate up to four hundred eighty (480) hours and shall be paid for all hours worked above the maximum accrual.

11.7. Compensatory time must be used within one year of accrual. Approval of an employee’s request to use accrued compensatory time shall be contingent upon whether it will unduly disrupt the operation of the institutional unit.

11.8. Should an individual's employment be terminated, any unused compensatory time shall be reimbursed as follows:

11.8.a. The average regular rate received by such employee during the first three years of the employee's employment; or,

11.8.b. The final regular rate received by such employee, whichever is higher.

11.9. An employee may not work overtime unless approved in advance per institutional policy.

W. Va. Code R. § 133-55-12 Posting of Vacant or New Positions

12.1. Each institution shall develop a policy for posting of vacant or new positions.

W. Va. Code R. § 133-55-13 Probationary Period

13.1. Full‑time regular classified employees shall serve a six‑month probationary period beginning at the original date of employment.

13.2. At the end the six‑month probationary period, the employee shall receive a written evaluation of her/his performance and shall be informed as to whether her/his employment will continue beyond the probationary period. As with all positions, continued employment is based on adequate funding, satisfactory performance and adherence to institution rules and regulations.

W. Va. Code R. § 133-55-14 Access to Personnel File

14.1. An employee may have access to his/her personnel file when the employing institution is normally open for business. An employee may examine his/her own file and the contents therein with the following exception:

14.1.a. Materials which were gathered with the employee's prior agreement to forfeit his/her right of access, such as some references.

14.2. A representative of the custodian of records shall be present with the employee during the review. The date, time and location of each review shall be recorded in the personnel file.

14.3. A copy of any material in the personnel file, except as noted above, shall be provided to an employee upon request. A small copy fee may be charged. Positive identification of the employee must be established prior to providing access to the personnel file. Documents may not be removed from a personnel file by the employee. An employee may petition at any time for either the removal or addition of documents to his/her own personnel file. The employer may require that employees schedule an appointment to see the personnel file.

W. Va. Code R. § 133-55-15 Changes in Name, Address, Number of Dependents and Related Matters

15.1. It is the exclusive responsibility of each employee to notify all appropriate persons, agencies and parties when record changes occur, including emergency information.

W. Va. Code R. § 133-55-16 Employee Performance Evaluations and Merit Increases

16.1. Organizations shall conduct regular performance evaluations of nonclassified, classified and faculty employees. Each employee shall receive an evaluation of his or her job related performance on an annual basis. The organization shall maintain evidence of employee participation in the evaluation process.

16.2. Each organization shall develop a consistent, objective performance evaluation system and evaluation instrument(s).

16.3. Organizations shall train supervisors in the best practices of conducting employee performance evaluations.

16.4. Supervisors who fail to conduct evaluations of those employees who report to them, according to their organization’s policies, may be subject to disciplinary action.

16.5. Higher education organizations may grant merit increases or implement pay for performance programs which are in accordance with state law and the West Virginia Higher Education Compensation Management Program Salary Administration Guidelines.

16.6. Institutions choosing to reward and compensate employees on the basis of merit shall have in place an objective performance management/evaluation system and evaluation instrument that is consistently administered by trained supervisors.

W. Va. Code R. § 133-55-17 Continuing Education and Professional Development

17.1. The Vice Chancellor for Human Resources shall, as requested by organizations, assist with:

17.1.a. Analyzing and determining training needs of organization employees and formulating and developing plans, procedures and programs to meet specific training needs and problems.

17.1.b. Developing, constructing, maintaining and revising training manuals and training aids or supervising development of these materials by outside suppliers.

17.1.c. Planning, conducting, and coordinating management inventories, appraisals, placement, counseling and training.

17.1.d. Coordinating participation by all employees in training programs developed internally or provided by outside contractors.

17.1.e. Administering and analyzing an annual training and development needs survey. The survey may coincide with the completion of the annual performance review process.

17.2. The Commission shall assist organization human resources professionals in applying fair, accountable, credible, transparent, and systematic principles to all human resources functions and shall provide model training programs to organizations upon request for assistance.

17.3. Funds allocated or made available for employee continuing education and development may be used to compensate and pay expenses for employees pursuing additional academic study or training to better equip themselves for their duties.

17.4. Each higher education organization shall establish and operate an employee continuing education and development program under a rule promulgated by the governing board. Funds allocated or made available for employee continuing education and development may be used to compensate and pay expenses for any employees pursuing additional academic study or training to equip themselves better for their duties.

17.5. The organizational rules shall encourage continuing education and staff development and shall require that employees be selected on a nonpartisan basis using fair and meaningful criteria which afford all employees opportunities to enhance their skills and productivity in the workforce of the organization.

17.6. The organizational rules may include reasonable provisions for the continuation or return of any employee receiving the benefits of the education or training, or for reimbursement by the state for expenditures incurred on behalf of the employee.

17.7. Subject to legislative appropriation therefor, the Commission shall promote and facilitate additional, regular, training and professional development for employees engaged in human resources-related activities at all organizations or any appointees to committees based on this rule. The training and professional development:

17.7.a. Shall be developed with emphasis on distance learning, in consideration to limiting travel demands on employees; and

17.7.b. Shall be in addition to and may not supplant the training and professional development regularly provided to any class of employees by each organization

W. Va. Code R. § 133-55-18 Classification and Compensation System Established

18.1. The Commission, in consultation with the Council, does hereby establish and implement the West Virginia Higher Education Compensation Management Program. The program is designed to provide institutional flexibility to manage classification and compensation for all staff jobs in West Virginia higher education. However, the program is the legislatively required system of classification and compensation for classified employees. The program represents current best practices in classification and compensation management for West Virginia higher education employees regardless of the category to which assigned. Market based classification and compensation management is recognized as the appropriate methodology for classifying higher education jobs.

18.2. The Compensation Management Program and supporting component documents to guide in the implementation and administration of the Program were approved by the Commission and Council for implementation effective September 1, 2017. The program documents shall be considered by all institutions under the jurisdiction of the Commission and Council as a model salary administration policy and guidelines. The approved compensation management program includes:

18.2.a. The “West Virginia Higher Education Compensation Philosophy” which outlines the goals, objectives, and strategies of the compensation management system;

18.2.b. The “West Virginia Higher Education Job Classification Guidelines” which assist human resources officers with determining the appropriate classification for jobs;

18.2.c. The “West Virginia Higher Education Employee Salary Schedule” consists of pay grades with pay range spreads and indicates the minimum, midpoint and maximum salary levels for each pay grade; and

18.2.d. The “West Virginia Higher Education Salary Administration Guidelines” which assist human resources officers and institutional administrators in making appropriate pay decisions in a variety of employment situations.

18.3. The West Virginia Higher Education Compensation Management Program is designed to attract, retain, and motivate a highly talented and committed workforce to support the unique missions and goals of public higher education institutions. Competitive pay is a key element in attracting, retaining, motivating and rewarding the type of employees needed to fulfill the missions of West Virginia’s colleges and universities. The goal of Commission, Council and affiliated colleges and universities is to pay competitive salaries by using systems clearly communicated to employees and readily administered by managers.

18.4. In order to fulfill institutional visions, missions and goals, West Virginia higher education institutions must attract and retain highly talented staff. To meet institutional staffing needs and priorities, the compensation system established in support of this goal includes the following objectives:

18.4.a. To provide the flexibility to manage base pay through a simple clear program that is consistent with the Commission, Council, and institutions’ individual strategic and organizational objectives and in accordance with organizational missions, visions, values and financial resources.

18.4.b. To establish and maintain a competitive pay structure based on comparisons to appropriate external labor markets while also considering relative internal worth;

18.4.c. Clearly articulate, through a relevant performance management program adopted by each institution, the relationship between institutional strategy and employee performance, recognition, and rewards;

18.4.d. To ensure that the compensation program and pay are administered strategically, consistently, effectively, efficiently, fairly and equitably both within the institution and statewide in compliance with the “FACT” of Higher Education Human Resources established by the West Virginia Legislature;

18.4.e. To provide a framework for career progression and recognition of high performance;

18.4.f. To reward employees on the basis of work performance;

18.4.g. To establish a compensation policy that is fair, accountable, consistent, transparent and designed to ensure sound stewardship of available compensation funding;

18.4.h. To ensure accountability for compliance with relevant federal and state statutes; and

18.4.i. To establish the principles and processes for regular review of market position and effectiveness of policies.

18.5. Colleges and universities have flexibility to manage compensation within the parameters of the compensation program and salary schedule.

18.6. Colleges and universities may initially manage compensation using across the board, market position goals, or any other method that serves to ensure fair, competitive compensation for employees. Over time, all institutions are encouraged to transition compensation management to a rewards model that compensates employees in line with their skill, effort and outcome contributions.

18.7. The Commission shall ensure that regular market salary analyses are performed to determine how organization compensation for all classes of employees compares to compensation in relevant external markets.

18.8. The Commission, in consultation with the Job Classification Committee (JCC), shall have in place a master classification specification for every classified job title.

18.9. The Commission, in consultation with the JCC, shall develop a Position Description Form/Job Description Form (PDF/JDF) to be used by all organizations to gather data necessary for classification of positions.

18.10. Each organization must ensure that a job description shall exist for every classified job. The job description should be reviewed at least every three years for accuracy by the employee and supervisor. Submission of an updated job description does not constitute a request for a classification review. A formal request must be made pursuant to section twenty of this rule.

18.11. Neither the employee nor the supervisor shall place duties in the employee’s PDF that the employee is not performing, but may be expected to perform in the future.

18.12. Salary adjustments shall be made in accordance with the Salary Administration Guidelines approved by the Commission.

18.13. During the course of its reviews, should the JCC discover the systematic misapplication of the program by an organization, it shall notify the Chancellors, who will take the appropriate action warranted.

18.14. Absent fraud on the behalf of the employee, any overpayment to the employee because of an erroneous classification decision by an organization shall not be collected from the employee. However, any erroneous overpayment to such an employee, once corrected, shall not be deemed as evidence in claims by other employees that the classification and compensation program is not equitable or uniform.

18.15. Recommendations from the Compensation Planning and Review Committee (CPRC) will be considered in agenda items presented to the Commission and the Council and in the legislative reporting process.

18.16. Pursuant to State law, the Commission may not delegate to the JCC or the CPRC the following:

18.16.a. Approval of a classification and compensation rule;

18.16.b. Approval of the job classification plan;

18.16.c. Approval of the market salary schedule; and

18.16.d. Approval of the salary schedule minimums.

W. Va. Code R. § 133-55-19 Job Classification Committee

19.1. The Commission hereby establishes a Job Classification Committee (JCC). The Vice Chancellor for Human Resources shall serve as the Chair of the Job Classification Committee.

19.2. The JCC shall be comprised of four classified employees and six Human Resources professionals, ensuring representation from the Council institutions and the Commission institutions.

19.3. The Chancellor of the West Virginia Higher Education Policy Commission, or designee shall solicit nominations for JCC members from the Advisory Council of Classified Employees (ACCE) and the Chief Human Resources Officers (CHROs).

19.4. JCC members shall be appointed by the Chancellor of the West Virginia Higher Education Policy Commission, with concurrence of the Chancellor of the West Virginia Council for Community and Technical College Education, subject to approval by the Commission and Council.

19.5. An organization may have no more than two members serving on the Committee at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership.

19.6. Committee members shall serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.

19.7. The Commission shall use an appropriate methodology to classify jobs. The Commission, in consultation with the Council, may adjust the job evaluation plan, including the factors used to classify jobs and their relative values, if necessary.

19.8. Powers and duties of the Job Classification Committee include, but are not limited to, the following:

19.8.a. Providing a system of audit for all master classification specifications to make sure the core responsibilities of positions assigned the titles are accurately reflected;

19.8.b. Recommending a procedure for performing job family reviews;

19.8.c. Modifying and deleting job titles and creating new job titles;

19.8.d. Reviewing and revising job titles to make them consistent among organizations, including adopting consistent title abbreviations;

19.8.e. Determining appropriate career ladders or job levels in each job family and establishing criteria for career progression;

19.8.f. Conducting job family reviews to ensure master classification specifications appropriately reflects duties, responsibilities, minimum requirements and contains appropriate distinguishing characteristics that clearly delineate differences in job titles and support assigned pay grades.

19.8.g. Classifying jobs and placing jobs in pay grades consistent with the classification and compensation program;

19.8.h. Determining when new master classification specifications with assigned pay grades are needed, and;

19.8.i. Hearing job classification appeals prior to commencement of the formal grievance process.

19.8.j. The JCC shall meet monthly if there is business to conduct and also may meet more frequently at the call of the chair, given adequate lead time. A majority of the voting members serving on the Committee at a given time constitutes a quorum for the purpose of conducting business.

W. Va. Code R. § 133-55-20 Classification Review Request of Existing Position

20.1. An incumbent employee or the employee’s supervisor may request a classification review when significant changes occur in the principal duties and responsibilities of a position.

20.2. Classification review requests are not to be submitted based on a desire for a salary increase, to reward for job performance, seniority, equity, future tasks, additional duties of the same nature and level of the job held or because an employee’s pay is at or near the pay range maximum.

20.3. To initiate the classification review request, the employee and supervisor must complete the position description form (PDF) and a formal request for classification review form. Both must be submitted to the institutional Human Resources Office. The request for review form must include the date and detailed reasons for such request.

20.4. The responsibility for assigning tasks and duties to a position belongs to the supervisor.

20.5. Requests for position reviews also may be initiated by an employee with Human Resources after discussion with the immediate supervisor.

20.6. Classification reviews also may be initiated by the institution’s Chief Human Resources Officer or his/her designee after discussion with the immediate supervisor.

20.7. Within forty-five (45) working days from the date of the formal request for review of a job, the institution’s Chief Human Resources Officer or his/her designee shall report to the requestor in writing the result of the classification review.

20.8. An organization that fails to complete a review within the specified time shall provide the employee back pay from the date the request for review was received if the review, when completed, produces a reclassification of the position into a job in a higher pay grade.

W. Va. Code R. § 133-55-21 Classification Appeals Process

21.1. In the event that a classified employee disagrees with a classification decision made at the organizational level, he/she may appeal that decision in writing to the Vice Chancellor for Human Resources for review by the JCC. Filing a classification appeal, however, shall not abridge the rights of a classified employee to file a formal grievance, using the statutory grievance process as set forth in West Virginia Code §6C-2-1 et seq.; provided, however, upon the simultaneous filing of a statutory grievance and a classification appeal to the Vice Chancellor for Human Resources by a classified employee, a request may be made, in writing, by the classified employee to hold the grievance in abeyance until the review by the JCC is completed and a classification decision is rendered by the JCC.

21.2. The Classification Appeal Process and timelines are outlined in the West Virginia Higher Education Compensation Management Program “Job Classification Guidelines” approved by the Commission.

21.3. Time limits.

21.3.a. The classified employee shall submit a completed “Classification Appeals Form” to the organization’s Human Resources office within ten (10) working days from the date of receipt of the notice of the organization’s classification decision.

21.3.b. The organization’s human resources staff shall render a decision on the appeal within five (5) working days whether the original decision shall be upheld.

21.3.c. The classified employee shall have five (5) working days from the date of receipt of the notice upholding the original decision of the organization to appeal the action to the Vice Chancellor for Human Resources for submission to the JCC.

21.4. Upon receipt of the classified employee’s appeal of the organization’s decision, the Vice Chancellor for Human Resources shall forward the appeal to the JCC.

21.4.a. The JCC shall review the Classification Appeals Form, the original PDF, and all supporting documentation, submitted by a classified employee to the Human Resources Office.

21.4.b. The JCC may review comparable positions within the organizations.

21.4.c. The JCC shall notify the classified employee, and the organization’s Human Resources Office, of its decision in writing, within twenty (20) working days from the date of receipt of the appeal to the Vice Chancellor for Human Resources. The notification shall specify the effective date should there be any change in status.

22.1. An appeal shall not be considered if based on any of the following reasons:

22.1.a. As a method to obtain a salary increase. The new Compensation Management Program should substantially limit the number of classification review requests. Compensation is not tied to a step on the salary schedule or to years of WV government service of the incumbent employee. Considerations for an increase in compensation are not to be made using the classification review process.

22.1.b. Seniority. An appeal shall not be considered if it is based on the employee’s length of service with the organization or with the state of West Virginia.

22.1.c. Qualifications of the individual incumbent. An appeal shall not be considered if it is based upon the individual classified employee’s qualifications. A classification determination is based upon the duties and responsibilities of the job as well as the minimum requirements necessary to perform the duties and responsibilities of the position.

22.1.d. Anticipated future job responsibilities. An appeal shall not be considered if it is based upon responsibilities that may be included in the job assignment in the future.

22.1.e. Job Performance. An appeal shall not be considered if it is based upon the performance of the incumbent or certain personality traits (e.g., loyalty, dedication, commitment to organization, hardworking, etc.). A classification determination is based upon the level and complexity of the duties and responsibility of the job performed, not the characteristics of the individual holding the position.

22.1.f. Salary within a salary range. An appeal shall not be considered if it is based upon the fact that an employee’s salary is close to the maximum of a salary range or the relative position of the salary within the assigned salary range.

22.1.g. Increase in the volume of work. An appeal shall not be considered if it is based on the volume of work rather than the level of responsibilities and complexity of the work.

W. Va. Code R. § 133-55-23 Compensation Planning and Review Committee

23.1. The Commission shall hereby establish and maintain a Compensation Planning and Review Committee (CPRC). The Vice Chancellor for Human Resources shall serve as the Chair of the CPRC.

23.2. The composition of the CPRC shall consist of the Vice Chancellor for Human Resources, the Vice Chancellor for Finance, two members representing the statewide Advisory Council of Classified Employees, one from institutions under the jurisdiction of the Council and one from institutions under the jurisdiction of the Commission; two nonclassified representatives, one from institutions under the jurisdiction of the Council and one from institutions under the jurisdiction of the Commission; two human resources administrators from institutions under the jurisdiction of the Council, and two human resources administrators from institutions under the jurisdiction of the Commission; and a president from each of the two systems.

23.3. The method for nominating CPRC members shall be representative of all the higher education organizations under the jurisdiction of the Commission or Council and affected constituent groups, including specifically providing for membership selections to be made from nominations from the Advisory Council of Classified Employees, the Chief Human Resources Officers, and the respective bodies representing Commission and Council presidents. The Chancellors, jointly, shall appoint members from nominations made by these affected constituent groups and require approval of the Commission and Council before beginning service.

23.4. An organization may have no more than two members serving on the CPRC at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership.

23.5. The CPRC shall manage all aspects of compensation planning and review that the Commission delegates to it, within the provisions of state law.

23.6. CPRC members shall serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.

23.7. The CPRC shall meet at least quarterly and at other times at the call of the Chair. A majority of the voting members serving on the CPRC at a given time constitutes a quorum for the purpose of conducting business.

23.8. The CPRC has powers and duties which include, but are not limited to, the following:

23.8.a. Making recommendations for revisions in the system compensation plan, based on existing economic, budgetary and fiscal conditions or on market study data;

23.8.b. Overseeing the annual internal market review;

23.8.c. Meeting at least annually with the JCC to discuss benchmark jobs to be included in salary surveys, results of job family reviews, and assessment of current job titles within the classification system for market matches and other issues as the Vice Chancellor for Human Resources, in consultation with the Chancellors, determines to be appropriate;

23.8.d. Performing other duties as assigned by the Commission or as necessary or expedient to maintain an effective classification and compensation system.

W. Va. Code R. § 133-55-24 Salary Structure

24.1. The Commission and Council shall develop and maintain a market based salary structure and ensure that all organizations under its jurisdiction adhere to state and federal laws and duly promulgated and adopted organization rules.

24.2. The Commission and Council shall jointly use workforce compensation data provided by Workforce West Virginia and other compensation data as is readily available from national recognized sources to establish the appropriate external labor market. The Commission and Council, in consultation with the CPRC, and taking into consideration updated market information, may take any combination of the following actions in regard to the classified market salary structure:

24.2.a. Adjust the salary schedule midpoints and/or number of pay grades;

24.2.b. Adjust the midpoint differentials between pay grades to better reflect market conditions; or

24.2.c. Adjust the range spread for any pay grade.

24.3. The Commission, in consultation with the Council, may perform an annual review of market salary data to determine how salaries have changed in the external labor market. Based on supporting data derived from that review, the Commission and Council, with input from the CPRC, have the option to adjust the market salary structure to maintain competitiveness and currency with the market.

24.4. The approved market salary structure shall include a midpoint representing the median market value of jobs assigned to each pay grade. The schedule will contain a minimum and maximum salary range for each pay grade.

24.4.a. After July 1, 2019, no organization may compensate a classified employee at a salary rate of less than the minimum of the grade. Upon future annual schedule adjustments, the requirement to pay classified employees no less than minimum of the grade, is subject to available funds.

24.5. The salary of a classified employee working fewer than thirty-seven and one-half hours per week shall be prorated. The organization’s salary rule may provide for differential pay for certain classified employees who work different shifts, weekends or holidays.

24.6. Merit increases may be granted if they are in accordance with statute and with duly promulgated rules of the Commission or institution.

W. Va. Code R. § 133-55-25 Organizational Rules

25.1. Each institution shall amend any of its policies/rules to comply with the Commission’s rule or rules no later than six months after the effective date of any change in statute or Commission rule or rules, unless a different compliance date is specified within the statute or rule containing the requirements or mandate.

25.2. An institution may not adopt a rule, as mandated by this subsection, until it has consulted with the appropriate employee classes affected by the institution’s rule or rule’s provisions. At a minimum, consultations with the institutional Classified Employees Council (staff council) and/or the institutional Faculty Senate (faculty senate), as appropriate, shall take place.

25.3. If an institution fails to adopt a rule or rules as mandated by this subsection, the Commission may prohibit it from exercising any flexibility or implementing any discretionary provision relating to human resources contained in statute or in a Commission rule until the organization's rule requirements have been met.

25.4. Unless a governing board exercises the flexibility to create its own classification and compensation program pursuant to Section 26 of this rule, the Chancellor or his or her designee has the authority and the duty to review each institution’s comprehensive classification and compensation rule or rules and to recommend changes to the rule or rules to bring them into compliance with Commission rule or rules or legislative and Commission intent. The Chancellor may reject or disapprove any rule or rules, in whole or in part, if he or she determines that it is not in compliance with any rule/rules or if it is inconsistent with Legislative and Commission intent or does not sufficiently address and include measures that foster meaningful accountability of the institution to this rule, its own rules and state law.

W. Va. Code R. § 133-55-26 Organizational Flexibility to Adopt Personnel Rules

26.1. Organizations that provide notice to the Commission may, after consultation with staff council, file a rule or rules to implement provisions of West Virginia Code §18B-7 and §18B-8, and upon the adoption, any rules promulgated by the Commission under the same sections of state law are inapplicable to the organization.

26.2. Any organization that provides notice to the Commission may establish a classification and compensation rule, after consultation with and providing thirty (30) days written notice to the staff council, that incorporates best human resources practices and addresses the areas of organizational accountability, employee classification and compensation, performance evaluation, reductions in force, and development of organizational policies, and upon the adoption the provisions of West Virginia Code §18B-9A and any rule promulgated by the Commission thereto, is inapplicable to the extent it conflicts with the rule promulgated by the organization. Provided, that any rule adopted by an organization shall use the definitions of classified and nonclassified employees established in state law. The rule shall provide for an external review of human resources practices at the organization at least once every five years, relating to compliance with the West Virginia higher education personnel law, including provisions that staff council have an opportunity to speak with the external auditor before the start of the audit and after its completion.

W. Va. Code R. § 133-55-27 Organizational Accountability

27.1. A major deficiency means an organization has failed to comply with applicable personnel rules of the Commission. The following guidelines exist for correcting deficiencies should any be found:

27.1.a. When a major deficiency is identified, the Commission shall notify the governing board of the institution in writing within forty working days, giving particulars of the deficiency and outlining steps the governing board is required to take to correct the deficiency.

27.1.b. The governing board shall correct the major deficiency within four months and shall notify the Commission when the deficiency has been corrected; however, extensions of this time frame may be requested and granted by the Commission.

27.2. If the governing board fails to correct the major deficiency or fails to notify the Commission that the deficiency has been corrected within a period of four months from the time the governing board receives notification, the Commission may apply sanctions as specified:

27.2.a. Sanctions may include, but are not limited to, suspending new hiring by the organization and prohibiting compensation increases for key administrators who have authority over the areas of major deficiency until the identified deficiencies are corrected.

27.3. To the extent that major deficiencies are identified relative to the Commission central office the sanctions described above shall be applicable.

Appendix A

TITLE 133

LEGISLATIVE RULEWEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 55

HUMAN RESOURCES ADMINISTRATION

Definitions General Definitions.

Definitions in this section are applicable to higher education generally and terms and conditions of employment.

Benefits. Programs that an employer uses to supplement the cash compensation of employees, including but not limited to, health and welfare plans, retirement plans, pay for time not worked (i.e. sick leave, annual leave, holiday pay, etc.) and other employee perquisites.

Chancellor. Chancellor refers to the chief executive officer of the West Virginia Higher Education Policy Commission or the West Virginia Council for Community and Technical College Education, as appropriate.

Compensatory Time and Compensatory Time Off. Hours during which the employee is not working, which are not counted as hours worked during the applicable work week or other work period for purposes of overtime compensation and for which the employee is compensated at the employee's regular rate of pay.

Exempt Employees. Employees not covered by the Fair Labor Standards Act (FLSA) for overtime purposes.

Full Time Equivalency (FTE). The percentage of time for which a position is established, with a full-time position working 1,950 hours per year being 1.00 FTE.

Health and Welfare Benefit Plan. An arrangement which provides any of the following benefits: medical, dental, visual, psychiatric or long-term health care, life insurance, accidental death or dismemberment benefits, disability benefits, or comparable benefits.

Incumbent. An incumbent is an individual person in a position employed at an institution.

Longevity. The total number of years employed at state institutions of higher education and other agencies of state government in West Virginia.

Major Deficiency. When an organization has failed to comply with applicable personnel rules of the Commission.

Meaningful Accountability. Measures that ensure adherence to rules and policies and provides for consequences for non-compliance.

Non-Exempt Employee. An employee who is covered by the Fair Labor Standards Act (FLSA) and is entitled to overtime as outlined in federal and state law.

Organization. Organization means the Commission, the Council, an agency or entity under the respective jurisdiction of the Commission or the Council or a state institution of higher education. Organizations include the following entities individually or collectively -- Bluefield State College; Concord University; Fairmont State University; Glenville State College; Marshall University; Shepherd University; West Liberty University; West Virginia School of Osteopathic Medicine; West Virginia State University; West Virginia University, including Potomac State College and West Virginia University Institute of Technology; Blue Ridge Community and Technical College; BridgeValley Community and Technical College; Eastern West Virginia Community and Technical College; Mountwest Community and Technical College; New River Community and Technical College; Pierpont Community and Technical College; Southern West Virginia Community and Technical College; West Virginia Northern Community College; West Virginia University at Parkersburg; the Office of the Higher Education Policy Commission; the Office of the Council for Community and Technical College Education; and the West Virginia Network for Educational Telecomputing.

President. A chief executive officer of an institution of higher education in West Virginia who reports to the institution’s governing board. This term shall be used in this rule to refer to the Chancellor for the office of the Higher Education Policy Commission and the Director of the West Virginia Network for Educational Telecomputing.

Rehire. Rehire defines an employee who leaves the service of an institution and later applies for and accepts a position offered by the same institution.

Seniority. The total number of months or years employed with the current West Virginia higher education organization employer.

Job Documentation Classification and Compensation.

Definitions in this section are applicable to job documentation, classification and compensation management.

Base salary. The amount or a rate of compensation for a specified position of employment or activity excluding annual experience increment and any other payments or allowances for work or activity unrelated to that specified position of employment.

Base salary adjustment. The amount that a base salary increases within the pay grade to reward performance, to rectify inequities, or to accommodate competitive market conditions.

Benchmark Job. A job that is commonly found and defined, used to make pay comparisons to comparable jobs outside the organization.

Career Ladder. A structured sequence of related, upwardly progressing positions.

Classification System. An organized structure in which jobs, job descriptions, job titles, and job analyses are utilized to determine a hierarchy of jobs, career ladders and pay grade assignments.

Compa-Ratio. A measure to assess competitiveness of current salary level to the market (midpoint of the salary structure). Compa-ratio is the short form for Comparative ratio. It measures the ratio of an employee's actual salary (the numerator) to the midpoint of the applicable (the denominator) salary range. To calculate an individual's compa-ratio, divide the base salary by the midpoint of the assigned salary range (pay grade range). See also “salary range penetration”.

Compensation. Earnings provided by an employer to an employee for services rendered.

Compensation Philosophy. The guiding principles that ensure that a compensation program supports an organization’s culture.

Compensation Strategy. The principles that guide the design, implementation and administration of a compensation program at an organization for the purpose of supporting the organization’s mission, vision, goals and objectives.

Compression. The situation encountered when a new employee enters into the organization at or above the pay of someone who is currently in the same role in the organization. It can also exist when you have two jobs in the same job family with someone in the “lower” job earning more than the person in the “higher” job. There are some families in which this may make sense such as software development where a senior developer may appropriately earn more in base than a manager of the function.

Increment. Annual payment to employees based on years of West Virginia state government work experience and earned pursuant to West Virginia Code §5-5-2.

Internal Equity Analysis. A comparative analysis of compensation levels within an organization to determine if a level of compensation is equitable when compared to compensation of other employees who hold similarly situation positions in the same job classification or pay grade who have the same or similar levels of knowledge, skill, experience and performance.

Interim Responsibilities. A significant change in duties and responsibilities of an employee on a temporary basis justifying an interim promotion or upgrade for salary purposes. Such a temporary reassignment shall normally be for no less than four (4) consecutive weeks, no more than twelve (12) consecutive months, and shall only occur when the responsibilities being undertaken by the employee are those of another position that is vacant.

JDXperts. Web based job information and description management software system provided as a shared service to institutions of the Commission and Council. JDXperts is the official depository of institutional job information used for job analysis, institution job description development, master classification specification development and identification of benchmark jobs. Benchmark jobs are used to build and maintain the market based salary structure administered by institutions as part of the higher education employee classification and compensation management program.

Job. The total collection of tasks, duties, and responsibilities assigned to one or more individuals whose work is of the same nature and level.

Job Analysis. A systematic process in which information is collected via a position information form relative to the nature of a specific job, providing documentation and knowledge needed for conducting a job evaluation.

Job Class / Pay Grade. The level to which a job is assigned within a salary structure.

Job Classification/Job Evaluation. A formal process used to evaluate jobs, establish proper pay grades, and slot jobs in pay grades.

Job Classification Committee. A Committee of employee and human resources representatives established by West Virginia Code tasked with evaluating classification appeals and other changes to classified jobs.

Job Description. (Used interchangeably with the phrases institution job description, position job description, incumbent job description): A summary of the essential functions of a job at a particular institution, including the general nature and level of the work performed, a characteristic listing of duties and responsibilities, and the knowledge, skills and abilities necessary to perform the work. Best practices in human resources management support maintaining a current job description for all jobs in the organization, regardless of the employee category assigned to the position incumbent.

Job Family. A series of job titles in an occupational area or group.

Job Specification. See Master Classification Specification Job Title. The label that uniquely identifies and generally describes a job. The same descriptive job title shall be given to a group of jobs, regardless of location in the organization, which are substantially the same in duties and responsibilities, and which require substantially the same knowledge, skills and abilities performed under similar working conditions.

Labor Market. The labor market for compensation is the geographic area, industry, organization size, or organization type from which an organization attracts employees. Market Value refers to how much a particular job would be worth for a specific talent market (industry, size, location, organization type) at a specific or target percentile.

Master Classification Specification/Job Specification. General descriptions of the collective type and kind of work performed by the majority of employees assigned the same job classification. Each master specification will contain a job title, nature of work performed, distinguishing characteristics of the job, and a general description of typical duties and responsibilities performed by positions assigned the title, regardless of the location of the position.

Mid-Point. Midpoint is the middle of a pay range; the midpoint typically aligns to the market value for the job. See “Range Midpoint”

Merit Increases. A discretionary salary increase given to an employee to reward demonstrated achievements in the performance of the duties and responsibilities of a position, as evaluated by criteria established by the organization.

Pay Grade. See Job Class/Pay Grade.

Pay Range Quartile. The four divisions of a pay range. The point between the 2nd and third quartile is the midpoint of the pay range.

Pay Range or Pay Range Spread. Pay range is an expression of the pay for a position assigned to a pay grade in a salary structure that provides the minimum, midpoint and maximum levels of compensation. The range from minimum to maximum, expressed as a percentage, is the pay range spread. The range spread percentage is calculated by subtracting the minimum from the maximum and dividing by the minimum the multiplying by 100.

Pay Structure. See Salary Schedule Position. A set of duties and responsibilities requiring employment of a single employee at a particular organization.

Position Description Form/Job Description Form (PDF/JDF). A tool used to collect a broad range of job information used in the creation and classification of a new or changed position. A position description form is not required for every employee or job. Formerly referred to as a position information questionnaire.

Promotion. Movement from a position requiring a certain level of skill, effort, and authority into a vacant or newly created classified position assigned to a different job title and a higher pay grade that requires a greater degree of skill, effort, and authority.

Range Midpoint. Midpoint is the middle of a pay range. The midpoint typically aligns to the market value for the job.

Range Penetration/Position in Range. An important compensation metric to consider in conjunction with a compa-ratio. Rather than just being a comparison to one piece of data (the midpoint), range penetration looks at a salary in relation to the whole pay range. Range Penetration is how far an employee has progressed through the pay range. Range penetration = (Salary – Range Minimum) ÷ (Range Maximum-Range Minimum) See the Salary Administration Guidelines for more information about range penetration.

Rehire. Rehire defines an employee who leaves the service of an institution and later applies for and accepts a position offer at the same institution.

Salary Benchmarking. The process of market pricing a benchmark job.

Salary Structure/Pay Structure/Salary Schedule. A graphical structure consisting of a series of pay grades and range of pay available for each grade.

Series 56 Military Student Withdrawal Policy

W. Va. Code R. § 133-56-1 General

1.1. Scope - This rule delineates the responsibilities of West Virginia public higher education institutions relative to dealing with unexpected withdrawals from school by military member students.

1.2. Authority – West Virginia Code §18B-1-6 and §18B-4-10.

1.3. Filing Date – June 11, 2014.

1.4. Effective Date - June 11, 2014.

W. Va. Code R. § 133-56-2 Purpose

2.1. The West Virginia Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education are responsible to provide uniform course completion provisions for all military member students who are enrolled at the state institutions of higher education under their respective jurisdictions when those students are called to military duty.

2.2. This rule shall ensure that enrolled students who are called to military duty are afforded a fair and efficient procedure of withdrawing from classes, completing course work or securing a leave of absence from course attendance, when feasible.

2.3. This rule shall provide guidelines for maintaining the academic integrity of the course work in a manner that is reasonably accommodating to the student under the circumstances.

W. Va. Code R. § 133-56-3 Definitions

3.1. Called to Military Duty. Called or ordered to state or federal active service in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state.

3.2. Military Member. Any person who is an active member of the regular military of the United States or a Reserve unit of any branch of the United States military or a National Guard unit.

3.3. Unexpected Withdrawal. A withdrawal from school necessitated solely because of an unforeseen, unplanned, emergent military call up or geographic reassignment that prevents the military member student from attending class and completing coursework as planned. Geographic reassignment must be demonstrated by orders clearly stating that the student is physically relocating during the term in question.

W. Va. Code R. § 133-56-4 Institutional Responsibility

4.1. Each public higher education institution must develop and publish a policy and procedures that address course completion for students called to military duty and include at a minimum the specific provisions identified in Section 4.2 of this rule.

4.2. In the event of an unexpected call to duty, the military member student shall be afforded a choice of options for completion of enrolled coursework.

4.2.a. If the military member student has completed 75 percent or more of the term or the required coursework, s/he may choose to:

4.2.a.1. Receive full credit for the course, with assignment of the grade earned up to the time of the call to duty, or

4.2.a.2. Withdraw from the course without academic penalty and receive no credit for the course pursued.

4.2.b. If the military member student has completed less than 75 percent of the term or the required coursework, s/he may choose to:

4.2.b.1. Receive an “incomplete” grade for the course and, with written verification of concurrence of the instructor or department chair, complete the course within one year of release from military duty. Institutional timelines for completing the coursework and removing the “incomplete” grade shall be published, or

4.2.b.2. Withdraw from the course without academic penalty and receive no credit for the course pursued but receive a proportional refund of tuition and fees and room and board for the term, as permitted within adherence to financial aid regulations.

4.3. Military members seeking relief under this rule must provide proof, in the form of a dated copy of official orders, that the call up or reassignment could not reasonably have been foreseen prior to the beginning of term in which registered.

4.4. This rule shall not be applicable in the case of planned military training during an enrolled term if the planned military training was scheduled and the military member notified of it prior to the beginning of the term.

W. Va. Code R. § 133-56-5 Appeal Process

5.1. Appeals of institutional decisions shall follow the institutional academic grievance process and shall be decided at the institutional level. Once the institutional grievance process has been exhausted, there shall be no further appeal to a higher entity or governing board.

Series 58 Nursing Scholarship Program

W. Va. Code R. § 133-58-1 General

1.1. Scope.--This rule establishes guidelines and procedures which will direct the operation of the Nursing Scholarship Program.

1.2. Authority. -- West Virginia Code §18B-1-6 and §18C-3-4.

1.3. Filing Date. -- February 29, 2024.

1.4. Effective Date. -- March 29, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 133-58-2 Definitions

2.1. Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 18B-1-2 and 18C-3-3 apply to this rule in addition to the definitions set forth below.

2.2. “Accredited nursing program” means that an institution of higher education’s programs for the prelicensure education of professional or practical nurses have been validated and meet established professional standards for academic quality as adopted by a national nursing accreditation body recognized by the U.S. Department of Education.

2.3. “Applicant” means a student who has applied for an initial award or renewal award of a Nursing Scholarship, but has not yet been awarded the scholarship.

2.4. “Approved nursing program” means that an institution of higher education’s programs for the prelicensure education of professional or practical nurses meet the requirements and otherwise comply with the standards established by the West Virginia Board of Professional Nurses in W. Va. Code § 30-7-1, et seq. or the West Virginia Board of Practical Nurses in W. Va. Code § 30-7A-1, et seq.

2.5. “Recipient” means a person who has been awarded a Nursing Scholarship in accordance with the terms of this rule and the Scholarship Agreement set forth in Section 8 of this rule.

2.6. “Vice Chancellor” means the Vice Chancellor for Administration, as that position is described in W. Va. Code § 18B-4-2, or his or her designee.

W. Va. Code R. § 133-58-3 [Reserved]

W. Va. Code R. § 133-58-4 Eligibility Criteria

4.1. In order to be eligible for the licensed practical nurse (LPN) or registered nurse (RN) scholarship award, an applicant must meet the following minimum requirements:

4.1.1. Enrollment in an accredited or approved West Virginia LPN or pre-licensure RN or graduate program leading to a career as a practicing nurse or nursing educator.

4.1.2. Be in good academic standing with his or her institution of higher education or academic program.

4.1.3. For students enrolled in pre-licensure programs, completion of half of the required nursing credits for that program.

4.1.4. For the LPN award, sign an agreement to work as an LPN in West Virginia for one year following completion of the program for every year of the award.

4.1.5. For the RN award, sign an agreement to teach or work as a RN in West Virginia for two years following completion of the program for every year of the award.

4.2. In order to be eligible to use the Nursing Scholarship for a graduate level nursing or nursing education program, an applicant must meet the following minimum requirements:

4.2.1. Be employed as an educator in an accredited school of nursing and be continuously employed as a nursing educator while receiving the award.

4.2.2. Be accepted into a master’s degree nursing program or doctoral nursing or education program at a State institution of higher education at the time of application.

4.2.3. Sign an agreement to teach in a West Virginia school of nursing for two years following completion of the education program for every year of award.

4.3. In order to be eligible for the LPN teaching certificate scholarship award, an applicant must meet the following minimum requirements:

4.3.1. Be accepted into coursework in West Virginia to meet the LPN Teaching Certificate requirements.

4.3.2. Be continuously employed as an LPN educator by a West Virginia LPN program while pursuing the LPN teaching certificate.

4.3.3. Sign an agreement to teach for one year upon completion of the LPN teaching certificate program in a West Virginia LPN program for every year of award.

W. Va. Code R. § 133-58-5 Application Process

5.1. A student shall apply for the award using a form prescribed by the Vice Chancellor.

5.2. The application may require submission of information including, but not limited to, the following: physical and mailing addresses and other contact information; proof of West Virginia residency; institution attending or planning to attend; institutional program of study; and information concerning previous Nursing Scholarship or other State financial aid awards and service obligations.

W. Va. Code R. § 133-58-6 Selection Process

6.1. The Vice Chancellor for Administration, in consultation with the Health Sciences Advisory Committee, shall select recipients for the Nursing Scholarship Program.

6.2. The Commission shall determine the number of awards based on the availability of funds in the program in any given program cycle.

6.3. The Commission shall give priority to in-state residents in awarding scholarships.

6.4. Recipients of the Nursing Scholarship may reapply for it each year they are eligible to receive it.

6.5. The Vice Chancellor shall process scholarship applications without regard to age, gender, race, disability, national origin, sexual orientation, veteran’s status, or religion.

6.6. Nothing in this rule shall be construed as granting or guaranteeing any applicant or recipient a right to a scholarship.

W. Va. Code R. § 133-58-7 [Reserved]

W. Va. Code R. § 133-58-8 Scholarship Agreement and Service Verification

8.1. Each scholarship recipient shall sign a scholarship agreement, which fully discloses the terms and conditions under which a recipient is required to teach or practice nursing in West Virginia. The Vice Chancellor may not disburse Nursing Scholarship Program funds until he or she has received a signed agreement from the applicant.

8.2. The scholarship agreement shall contain the following provisions:

8.2.1. The recipient shall agree to teach or practice nursing in West Virginia for the period of time established by this rule. It is the recipient’s responsibility to provide the Vice Chancellor for Administration with evidence of compliance with the teaching and/or practice requirements through the service verification process.

8.2.2. Upon completion of training, a recipient will receive a grace period of up to six months to locate employment that qualifies for fulfillment of the service requirement.

8.2.3. If a recipient fails to compete training or fails to timely provide verification of fulfillment of the service requirement as required by the scholarship agreement, he or she will be required to repay the scholarship.

W. Va. Code R. § 133-58-9 Repayment of Scholarship

9.1. If a recipient does not fulfill the service requirement, he or she is obligated to repay to the Commission the principal and the interest that accrues on the scholarship award. The recipient shall enter into a repayment agreement with the Commission governing the terms of repayment. The Vice Chancellor shall charge interest at the then-current rate prescribed by the Administrative Office of the West Virginia Supreme Court of Appeals. Interest shall begin to accrue at the time the repayment period begins.

9.2. If a recipient fails to complete the course of study funded by the Nursing Scholarship, interest on repayment shall accrue from the day on which the recipient withdrew from the nursing program.

9.3. If a recipient fulfills a portion of, but not the entire, service requirement due under the scholarship agreement, interest on repayment shall accrue from the day on which the recipient ceased to fulfill the service requirement.

9.4. In the event a recipient fails to fulfill the education or service requirements the recipient shall repay the Commission the full amount of the scholarship awarded within 60 days from the date of non-compliance. If extenuating circumstances exist, the Vice Chancellor may, upon receipt of documentation sufficient to demonstrate the circumstance, extend the repayment period from 60 days to 120 days. Extenuating circumstances include, but are not limited to, the recipient’s temporary illness, injury, or disability; inability to secure a full-time position in a nursing or nursing education field; or serious family illness.

9.5. At any time during the repayment period described herein, the Vice Chancellor may grant forbearance to the recipient in order to prevent the recipient from defaulting on the repayment obligation or to permit the recipient to resume honoring the repayment obligation after default.

9.5.1. For purposes of this Section, “forbearance” means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled.

9.5.2. The Vice Chancellor may grant forbearance of payments of principal and interest under this Section only if he or she reasonably believes, based upon documentation or other evidence provided by the recipient, that the recipient intends to repay the obligation but, due to poor health or other extenuating circumstances, is currently unable to make the scheduled payments.

9.6. As permitted by federal and State law and the terms of the scholarship agreement, the Vice Chancellor for Administration may assess reasonable collection costs, late charges, and attorney fees to delinquent accounts.

9.7. The Vice Chancellor shall exercise due diligence in the collection of amounts owed and refer accounts more than 120 days past due to the Secretary of the Department of Administration or to a collection agent for collection of a claim due to the State in accordance with W. Va. Code § 14-1-1, et seq.

W. Va. Code R. § 133-58-10 Forgiveness

10.1. A recipient’s service or repayment obligation is excused in the event the recipient:

10.1.1. Becomes permanently and totally disabled as documented by the sworn affidavit of a physician qualified to make such a determination submitted to the Vice Chancellor; or

10.1.2. Dies during the obligation period. The administrator or executor of the recipient’s estate shall submit a copy of the death certificate to the Vice Chancellor.

10.2. To be eligible for forgiveness of the service or repayment obligation, a recipient or the recipient’s estate shall submit the required documentation to the Vice Chancellor for Administration.

W. Va. Code R. § 133-58-11 Deferment

11.1. To be eligible for a deferment, a recipient must apply for and receive approval from the Vice Chancellor for Administration. The Vice Chancellor may grant a deferment to a recipient for periods of documented enrollment and attendance as a regular student in a full-time course of study at an accredited institution of higher education or for periods of documented active duty service as a member of the armed services of the United States; Provided, That the period of deferment shall not exceed four years. The Vice Chancellor may also grant a deferment to a recipient who fails a licensure examination on the first attempt; Provided, That the period of deferment shall not exceed six months from the recipient’s graduation date. The Vice Chancellor may also grant deferments for other extenuating circumstances including documented disability, unemployment, or other economic hardship; Provided, That any deferment granted by the Vice Chancellor shall be limited to no more than two years.

11.2. If the Vice Chancellor for Administration approves the deferment request, a recipient may defer making scheduled installment payments and shall not be liable for any interest that might otherwise accrue during any approved deferment period.

11.3. In the event of non-compliance with the deferment terms, the recipient shall repay the full scholarship award to the Commission within 60 days from the date of non-compliance.

W. Va. Code R. § 133-58-12 Appeal

12.1. An applicant may appeal in writing to the Vice Chancellor the denial of an application for an initial award or renewal award within 15 days of receiving written notification of the decision. The Vice Chancellor shall issue a written decision upholding or reversing the initial decision within 15 days of receipt of the appeal. The decision of the Vice Chancellor is final.

Series 59 Awarding Undergraduate College Credit for Prior Learning, Advanced Placement Credit, College-Level Examination Program, and Nursing Career Pathways

W. Va. Code R. § 133-59-1 General

1.1. Scope. -- This rule establishes guidelines for West Virginia public universities awarding college credit for prior college-level learning through Credit for Prior Learning (CPL), for acceptance of advanced placement credit, for the College-Level Examination Program (CLEP), for completion of the Nursing Career Pathway, and for recognizing skill sets earned through micro-credentials.

1.2. Authority.-- W. Va. Code §§18B-1-6 and 18B-1B-4(a)(20).

1.3. Filing Date. -- July 19, 2024.

1.4. Effective Date. -- August 19, 2024.

1.5. Former Rule. -- Amends Title 133, Series 59, dated November 5, 2021.

W. Va. Code R. § 133-59-2 Purpose of Prior Learning Credit

2.1. This procedural rule details the responsibilities of the state universities regarding the awarding of college credit for prior college-level learning gained outside the higher education academic environment.

2.2. The West Virginia Higher Education Policy Commission (Commission) recognizes that some students, particularly adults and non-traditional students, may have acquired prior college-level learning through the development of skills or knowledge that closely parallel those outcomes taught in college-level courses. It is important that the State’s universities evaluate learning that has taken place outside the higher education academic environment and award academic credit when appropriate.

2.3. The purpose of this rule is to set out the terms and conditions under which West Virginia public universities award and/or transfer credits toward a degree or certificate based upon CPL and to provide consistent and accessible methods for students to earn these credits.

2.4. It is the intent of the Commission to permit the universities to undergraduate academic credit for prior learning through a variety of assessment methodologies that will ensure the academic credibility of such credit. Under these guidelines, in accordance with institutional policies and procedures, each institution shall award academic credit for prior learning that is equivalent to coursework which satisfies the requirements for the degree program in which the student is enrolled.

2.5. The Regents Bachelor of Arts degree program maintains specific guidelines and requirements for the use of credit for prior learning. This rule does not replace those existing guidelines.

W. Va. Code R. § 133-59-3 Definitions

3.1. “Credit for Prior Learning (CPL)” is defined as the assessment of college-level learning for college credit gained outside the higher education academic environment. For example, individuals may acquire college-level knowledge or skills through work, employee training programs, military service, independent study, non-credit courses, or community service. Only documented and demonstrated college-level learning will be awarded college credit.

The universities may assess prior college-level learning through a variety of assessment methods including, but not limited to the following:

3.1.1. Advanced Placement Exams

3.1.2. American Council on Education (ACE) Guides

3.1.3. College Level Examination Program (CLEP) Exams

3.1.4. DANTES Subject Standardized Test (DSST)

3.1.5. Excelsior College Examination Program (ECE)

3.1.6. Institutional Course Challenge Examination Credit

3.1.7. International Baccalaureate Program (IB)

3.1.8. Institutional Evaluation of Industry and Workforce Training such as apprenticeships, certifications, and licensure

3.1.9. Portfolio Assessment/Review Credit

3.1.10. Prior Military Training Credit

3.1.11. Nursing Career Pathway

3.1.12. Micro-Credential

3.2. “Chancellor” means the Chancellor for Higher Education as defined in W. Va. Code § 18B-1-2 or his or her designee.

3.3. “Commission” means the Higher Education Policy Commission established by W. Va. Code § 18B-1.

3.4. “Secondary school” or “high school” includes traditional public or private high school, charter school, home school, learning pod, microschool, or other educational program authorized by the Legislature that encompasses education commonly received in grades 9 through 12.

3.5. “Micro-credential” is a short, focused credential designed to provide in-demand skills, knowledge, and experience. Micro-credentials may be earned through a course or short series of courses that culminate in a “digital badge,” which offers verified proof of competency and documentation of specific skills gained through the coursework, which is assessed against transparent and clearly defined criteria.

W. Va. Code R. § 133-59-4 Principles

4.1. Students have unique experiences, interests, and intellectual pursuits that may lead to the acquisition of college-level learning. The acquisition of college-level learning is validated by assessment methods that are academically sound and rigorous.

4.2. West Virginia public universities shall employ credit for prior learning (CPL) aligned with their respective missions, the principles of academic integrity, resources, and student educational attainment and success.

4.3. West Virginia public universities may offer credentialing through micro-credentials that allow for career advancement without full stops for additional degrees; however, credentials may be credit or non-credit.

W. Va. Code R. § 133-59-5 Institutional Policies Regarding Awarding Credit for Prior Learning

5.1. State universities shall develop institutional policies for evaluating prior learning and for awarding credit consistent with this rule.

5.1.1. Each institution shall develop appropriate policies and procedures for awarding credit for a student’s prior college-level learning in accordance with this rule, accrediting bodies’ guidelines for prior learning assessment, and principles of good educational practice.

5.1.2. Institutional policy shall apply to all academic programs.

5.2. Institutions shall identify the forms of CPL credits that the institution will award, the processes for acquiring such credit, and make that information publicly available to students, faculty, and other stakeholders.

5.3. Institutions may award academic credit for prior learning that is equivalent to coursework which meets the requirements for the degree program in which the student is enrolled.

5.4. Credit for prior learning may apply toward majors, minors, general education requirements, and electives that count toward the student’s chosen degree or certificate. Credit for Prior Learning may also satisfy prerequisite requirements. College credit awarded through CPL shall not be treated differently in its application and use than its course equivalencies or appropriate block credit.

5.5. Universities shall award credit for prior learning only to students who are admitted to the institution.

5.6. Credit awarded through CPL shall not count toward institutional residency requirements.

5.7. The institution’s faculty with appropriate professional credentials shall evaluate a student’s portfolio and course-specific examinations to determine whether it meets the standards to award academic credit. The faculty member shall make a recommendation for credit to the appropriate academic officer at the institution in accordance with the institution’s CPL guidelines.

5.8. Institutions must accept CPL credit up to 60 credits for bachelor’s degrees, up to 30 credits for associate degrees, if authorized to award associate degrees, and up to 9 credits for certificate programs.

5.8.1. Institutions may set a higher limit not to exceed 90 credits for bachelor’s degrees, 45 credits for associate degrees, if authorized to award associate degrees, and not to exceed 15 credits for certificate programs.

5.8.2. If a program accrediting body has a specific maximum for CPL credit, then the institution shall honor that maximum for that particular program.

5.9. Credit awarded through Credit for Prior Learning (CPL) shall be clearly identified as such on a student’s official transcript according to institutional CPL guidelines. The institution shall not use such credit to determine a student’s grade point average or in the calculation of graduation honors. The institution shall record the credit as “Credit” only.

5.10. Students shall submit requests for awards of academic credit for prior learning in accordance with the guidelines established by the institution. Institutions shall notify students in writing of their decision to approve or deny such requests and the basis therefor as well as the process by which students may appeal such decisions.

5.11. The universities may charge fees for assessment of Credit for Prior Learning requests, which fees may vary based upon the type of assessment performed. The institutions shall clearly publish and make available to students CPL credit and transcripting fees.

5.12. Institutions shall regularly review their CPL policies to ensure that they are consistent with accreditation CPL guidelines and State, regional, and national practices.

W. Va. Code R. § 133-59-6 Transferability of Credit for Prior Learning Credits

6.1. Credits earned through CPL shall be transferable in accordance with 133 C.S.R. 17: Transferability of Credits and Grades at West Virginia Colleges and Universities. Once on a student’s transcript, credits earned through prior learning shall be treated no differently than other credit coursework on a student’s transcript.

6.2. CPL awarded at one institution, which meets the West Virginia Core Coursework Transfer Agreement or other statewide articulation agreements shall be accepted as transfer credit toward the degree if the student transfers to another West Virginia public college or university in accordance with the guidelines of that particular policy or agreement.

W. Va. Code R. § 133-59-7 Reporting the Awarding of Credit for Prior Learning Credits

7.1. Each institution shall maintain records of the number of students awarded credit for prior learning, the number of credits for prior learning awarded, the type of assessment method(s) used, and other recipient data, which they shall report to the Higher Education Policy Commission on an annual basis. The Chancellor shall develop specific reporting guidelines and advise each institution of those guidelines.

W. Va. Code R. § 133-59-8 Policy for Acceptance of Advanced Placement Credit

8.1. West Virginia universities shall accept advanced placement credits according to the following guidelines:

8.1.1. High school students completing advanced placement examinations of the College Board with a minimum score of 3 shall receive credit at any university, as indicated in the list of advanced placement exams offered by the College Board. The Chancellor maintains a list of all College Board advanced placement exams and the minimum number of credits that each institution shall grant. The university shall award credit solely on the basis of satisfactory performance of a score of 3 or higher on the advanced placement examinations.

8.1.2. When the examination is in the area of the student's major, the institution shall award credit toward the major or the core curriculum.

8.1.3. An academic department within the institution may, upon approval of the institutional faculty, require a higher score than 3 on an advanced placement test if the credit is to be used toward meeting a course requirement for a major in the department.

8.1.4. Credits awarded by regionally or nationally accredited institutions of higher education in West Virginia for successful completion of advanced placement exams are transferable to West Virginia state colleges and universities in accordance with the advanced placement policy of the receiving institution.

W. Va. Code R. § 133-59-9 Institutional Responsibility

9.1. Each institution shall develop guidelines for acceptance of advanced placement credits that are consistent with the provisions of this rule and publish the guidelines in the university bulletin and/or other appropriate institutional publications.

W. Va. Code R. § 133-59-10 Policy for the College-Level Examination Program

10.1. Credit awarded by an institution in conformity with this rule shall be transferable to all West Virginia state colleges and universities. Further, the universities shall award credit only once to recognize mastery of course content. The universities shall not award credit for equivalent courses in which students have already earned such credit through course work, CLEP, institutional challenge examinations, life experience, or other mechanisms.

W. Va. Code R. § 133-59-11 Subject CLEP Examinations

11.1. Universities may award credit for the student successfully completing any or all of the CLEP Subject Examinations presently offered or developed in the future. The student must achieve a score equal to or above the required score of the Commission on Educational Credit and Credentials of the American Council on Education for CLEP Exams current at the time the student takes the examination,. The university shall award credit in an amount not exceeding the number of semesters for which the examination was designed. The university shall not assign a grade or include the credit in the computation of the student’s grade-point average. The institution shall equate the CLEP credit earned with existing course offerings. If no equivalent course is offered by the institution, the university shall consider the credit earned by CLEP examination elective credit. The universities shall not award CLEP Subject Examination credit for equivalent courses in which a student has already earned credit.

W. Va. Code R. § 133-59-12 General CLEP Examinations

12.1. As of the effective date of this rule, an institution may award credit within the limits of the most recent recommended CLEP scores posted by The College Board.

12.2. Universities shall clearly advise students that such credit in general education may not meet specific program requirements of the institution awarding the credit or of other institutions to which the student may later transfer. The credit shall then be used as elective credit. Universities shall not award CLEP General Examination credit for equivalent courses in which a student has already earned credit.

12.3. An institution awarding credit through CLEP may establish scores higher than specified above for Subject and General Examinations if the institution establishes that the higher scores equate to a satisfactory level of performance by students actually enrolled in the equivalent course(s) at that institution.

W. Va. Code R. § 133-59-13 Academic Record

13.1. The permanent academic record of the student shall indicate which credit was earned by CLEP examination.

W. Va. Code R. § 133-59-14 Enrollment

14.1. Students must be enrolled in an institution in order to receive credit from the institution. Students who have taken CLEP examinations prior to enrollment must submit an official CLEP transcript.

W. Va. Code R. § 133-59-15 Nursing Career Pathway Policy

15.1. The goal of the nursing career pathway is to give students a clear picture of how to enter the profession and a shorter, more affordable way to progress through the education they need. The pathway includes dual or advanced placement credit for high school students when admitted to nursing programs in baccalaureate institutions, seamless transition to bachelor’s completion degrees in nursing as needed, and employment opportunities as nursing assistants, licensed practical nurses and registered nurses along the pathway.

15.2. The universities shall accept student course credit earned through dual credit as part of the Nursing Career Pathway as higher education credits counting toward credits specific to the major of nursing or nursing science. The student’s secondary school shall identify completion of the nursing pathway on the high school transcript. Students completing the nursing pathway shall also receive the Therapeutic Services Certificate.

15.3. Dual credit courses in the Nursing Career Pathway are developed as required course credit according to West Virginia Board of Education Policy 2150, Assuming Quality of Education: Regulations for Education Programs, and Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career and Technical Education. These courses include college-level freshmen English, college algebra or statistics, anatomy and physiology and general psychology. A list of approved dual credit courses may be found on the West Virginia Department of Education’s website.

15.4. Students may also earn college-level credit for the Nursing Career Pathway and specific to the major of nursing or nursing science through Advanced Placement courses (AP) as set out in Section 8 of this rule.

15.5. Nothing in this rule shall prevent institutions from awarding additional dual credit or AP credit toward the Nursing Career Pathway as allowed by the institution’s approved policies for awarding such credit.

W. Va. Code R. § 133-59-16 Micro-Credentials

16.1. Institutions may offer micro-credentials for credit or non-credit to currently enrolled students (internal) or to transient students (external) enrolling for a specific set of courses.

16.2. Micro-credentials awarded to a student may be stackable and grouped or aggregated to provide a pathway to larger credentials. That is, micro-credentials may be used as credits for the awarding of a traditional degree. Non-credit micro-credentials may be converted to credit via the CPL process as outlined in section five of this rule.

16.3. Students who successfully complete a micro-credential, whether credit or non-credit, will earn a digital badge or institutionally recorded and approved credential for verification to students, whether full-time, part-time, or non-credit. Institutions shall keep records of all earned non-credit badges or micro-credentials.

133CSR59

Series 60 West Virginia Reverse Transfer Program

W. Va. Code R. § 133-60-1 General

1.1. Scope. -- This policy establishes the process by which a student may be awarded an associate degree which was begun at a West Virginia public institution offering an associate degree but was completed through a West Virginia public four-year college or university.

1.2. Authority. – West Virginia Code §18B-1D-4.

1.3. Filing Date. – July 6, 2015.

1.4. Effective Date. – August 6, 2015.

W. Va. Code R. § 133-60-2 Purpose

2.1. Reverse transfer is a strategy for increasing the completion rates of students. Students often transfer credit hours from two-year to four-year institutions of higher education. Many students complete an associate degree before transferring to a four-year institution and many others do not earn an associate degree but transfer to another institution where they complete a baccalaureate degree. Some students, however, do not complete either the associate or baccalaureate degree despite earning a significant number of college credits. These students are often left without a postsecondary credential even though they have earned enough credits to be eligible for an associate degree.

2.2. This policy establishes a statewide reverse transfer process that allows any student who has completed the requirements for an associate degree, combining credit hours earned at a public higher education institution in West Virginia that offers an associate degree with hours earned at a public four-year higher education institution, to be awarded that associate degree.

2.3. This policy provides the process by which students who have met degree requirements of an associate degree program can be identified and awarded their first associate degree if that work has been completed at the four-year institution. The application of the reverse transfer process ensures that all eligible students have the opportunity to be awarded a first associate degree that reflects their educational efforts and allows them to compete more successfully in other academic arenas and the workforce.

2.4. As of the effective date noted above, the West Virginia Reverse Transfer (WVRT) policy supersedes all existing reverse transfer agreements. Those students involved in another reverse transfer agreement at the time of the effective date of this policy may choose to complete program requirements under the previous agreement. Students will also be given the option to transition to the new WVRT program, thereby selecting the less restrictive agreement.

W. Va. Code R. § 133-60-3 Definitions

3.1. Degree-Granting Institution (DGI) -- The degree-granting institution is the two-year institution that will award the associate degree to the reverse transfer student. If a student has earned credit hours at more than one institution offering an associate degree, the degree-granting institution will be the institution where the student has accumulated the greatest number of credit hours toward the associate degree. The degree-granting institution will count reverse transfer students in its yearly graduation report.

3.2. Host institution -- The host institution is the institution that will transfer credits back to the degree granting institution. The host institution may be either a four-year or another two-year institution.

3.3. West Virginia Reverse Transfer (WVRT) -- West Virginia Reverse Transfer refers to the statewide program that seeks to identify students who are often left without a postsecondary credential even though they have earned enough credits to be eligible for an associate degree.

3.4. WVRT eligible student -- The WVRT student is the individual who has earned 15 or more college-level, degree-applicable, transferable credits from a two-year institution and who does not currently hold an associate degree or higher. Upon entry into WVRT, the student seeks to complete the requirements for and be awarded the appropriate associate’s degree.

W. Va. Code R. § 133-60-4 Eligibility and Residency Requirements

4.1. Student Eligibility.

4.1.a. Students are not eligible for participation in the WVRT if they currently possess an associate degree or higher.

4.1.b. A student may be simultaneously awarded an associate degree through WVRT and a baccalaureate degree.

4.2. Residency Requirement.

4.2.a. The WVRT student is required to have successfully completed a minimum of 15 credit hours at the West Virginia public institution that will award the associate’s degree. Fifteen credit hours from a single institution is the minimum residency for the WVRT.

W. Va. Code R. § 133-60-5 Institutional Participation

5.1. All West Virginia public higher education institutions shall participate as full members in WVRT.

5.2. The submission of necessary student-level data, for reporting and accountability, is a condition of participation in the WVRT program. At a minimum, this includes data on eligible students, participating students, and completing students in order to assess effectiveness of the program.

W. Va. Code R. § 133-60-6 Participation in the Reverse Transfer Program

6.1. For the initial year of the program’s implementation, the West Virginia Higher Education Policy Commission (Commission) and the West Virginia Council for Community and Technical College Education (Council) will identify potential students for participation in the WVRT program and will notify the participating host institution. After the first year of implementation, it is the host institution’s responsibility to provide the WVRT option to new transfer students from associate degree-granting institutions.

6.1.a. Upon receiving all appropriate information, the DGI will contact the identified eligible student and provide the student with information about the program.

6.1.a.1. The student may elect to pursue the WVRT program by indicating to the host institution to release the student’s transcript to the DGI.

6.1.a.2. If a student chooses to be removed from the program or graduates from the DGI, this will be recorded by the DGI and reported as requested by the Commission or the Council.

6.1.a.3. Host institutions will identify students (active and inactive), those who have completed 15 hours with a single institution but never completed a degree, via an automated search and include them in information relayed to the DGI for contact.

W. Va. Code R. § 133-60-7 Procedures for the Reverse Transfer Program

7.1. The transcripts of WVRT eligible students will be distributed by the host institution, as necessary, to the DGI based upon an initial minimum number of transferrable credit hours completed (e.g., 60 credit hours) and again at established intervals after the initial submission (e.g., annually).

7.1.a. Transcripts submitted from the four-year to the two-year institution for the purposes of conducting a degree audit to determine student eligibility will be sent directly from institution to institution.

7.1.a.1. The release of transcripts will be in accordance with the host institution’s policies.

7.2. The DGI is responsible for reviewing the eligible WVRT student’s transcripts and records and for awarding the degree.

7.2.a. The acceptance of transfer credit will be determined by the DGI.

7.2.b. The requirements for degree completion will be determined by the DGI and that information will be identified to the WVRT student. DGI’s are encouraged to substitute any institution-unique course requirements.

7.3. There will be no time limit on students completing the associate degree through the WVRT. Candidates must meet all institutional degree and programmatic requirements at the DGI.

W. Va. Code R. § 133-60-8 Determination of Degree-Granting Institution

8.1. The DGI shall be the two-year institution where the student has completed the greatest number of transferable credits to the four-year institution. An institution can award reverse transfer degrees only if the student has earned a minimum of 15 credit hours at that institution.

8.2. If the student has earned the same number of transferable credits at two or more institutions the most recently attended institution is identified as the DGI. If multiple options still exist at this point, the student will select the DGI for the associate degree.

8.3. The acceptance of transfer credit will be determined solely by the DGI.

W. Va. Code R. § 133-60-9 Degree Awards

9.1. The WVRT will apply to associate degrees as identified by the DGI.

9.2. There will be nothing to differentiate the WVRT awarded degree from any other degree awarded by the institution on the student’s diploma or transcript.

W. Va. Code R. § 133-60-10 Appeal, Review, and Accountability

10.1. If the WVRT student has a disagreement with DGI decision, that student may appeal said decision by utilizing the student academic affairs appeals process at the DGI.

10.2. The West Virginia Reverse Transfer Policy between public two-year and four-year institutions will be reviewed periodically at the discretion of the Commission and the Council.

10.3. The annual submission of data for both reporting and accountability purposes is necessary for the success of this policy. All institutions will submit data to the Commission and the Council regarding eligible students, participating students, completing students, and other data necessary to assess the effectiveness of WVRT.

133CSR60

Series 61 Choose West Virginia Practice Program

W. Va. Code R. § 133-61-1 General

Scope. -- This rule promulgates policy and procedure regarding the establishment and operation of the Choose West Virginia Practice Program through the West Virginia Higher Education Policy Commission (Commission).

Authority. -- West Virginia Code §18B-1-6 and §18C-3-5.

Filing Date. -- October 31, 2019.

Effective Date. -- December 1, 2019.

W. Va. Code R. § 133-61-2 Purpose

2.1. The purpose of this program is to provide an incentive to out-of-state students enrolled in West Virginia medical schools in exchange for the students’ agreement to practice in West Virginia upon completion of training.

2.1.a. “Shortage specialty” means the medical specialties of addiction medicine, general surgery, neurology, and any other specialties determined by the Vice Chancellor for Health Sciences to meet the requirements of West Virginia Code §18C-3-5.

2.1.b. “Primary care” means the medical specialties of family medicine, general internal medicine, geriatrics, internal medicine/pediatrics, obstetrics/gynecology, pediatrics, preventive medicine, psychiatry, or other specialties determined by the Vice Chancellor for Health Sciences to meet the requirements of West Virginia Code §18C-3-5.

2.1.c. "Training" is defined as the completion of a degree program in allopathic or osteopathic medicine, the successful completion of a residency program, and any additional fellowship training required by the specialty.

2.1.d. “Underserved” means any primary care or shortage specialty practice site located in an area of the state in which there is a shortage of physicians as determined by the Bureau for Public Health.

2.2. Any funds repaid in lieu of practice in an underserved area of West Virginia will be transferred to the Nonresident Medical Student Tuition Regularization Fund. Expenditures from the fund shall be to make additional awards to eligible students and support administrative program costs.

W. Va. Code R. § 133-61-3 Eligibility Criteria

3.1. In order to be eligible for a Choose West Virginia Practice Program award, each applicant must:

3.1.a. Be enrolled at Marshall University, West Virginia School of Osteopathic Medicine, or West Virginia University in a program leading to the degree of Doctor of Medicine or Doctor of Osteopathy.

3.1.b. Meet his or her institution’s requirements for being classified as an out-of-state student.

3.1.c. Not be in default of any previous student loan.

W. Va. Code R. § 133-61-4 Application Process

4.1. The applicant must apply to the Choose West Virginia Practice Program using an application form approved by the Vice Chancellor for Health Sciences and submit a sworn statement of commitment to service in an underserved area of West Virginia.

4.2. The Vice Chancellor for Health Sciences shall establish a deadline for applying for the Choose West Virginia Practice Program. Applications must be complete and received by the deadline in order for the applicant to be considered for an award.

W. Va. Code R. § 133-61-5 Selection of Recipients

5.1. Each medical school shall provide the Vice Chancellor for Health Sciences with the name of a staff member to serve as the designated Choose West Virginia Practice Program representative. After the application deadline, the Vice Chancellor for Health Sciences shall compile and then send to each designated representative all complete applications received from his or her respective institution.

5.2. Working with the three medical schools, the Vice Chancellor for Health Sciences shall establish criteria for evaluating applications. Criteria may include the applicant’s commitment to primary care or a shortage specialty, expressed interest in practicing in West Virginia, family or professional ties to West Virginia, and other factors determined important to evaluate applications.

5.3. Each medical school shall establish an application review committee that includes the designated representative, the Vice Chancellor for Health Sciences or designee, and at least one other representative.

5.4. Each application review committee will review the applications for its institution and make awards to two applicants each year.

5.4.a. In the event two qualified applicants do not exist, the institution must notify the Vice Chancellor for Health Sciences. The Vice Chancellor for Health Sciences will then notify the other institutions of the unspent funding. If the other institutions have more than two qualified applicants, the unused funding may be transferred to another institution for use.

5.5. Applications will be processed without regard to race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, and veteran status.

5.6. Nothing in this rule shall be construed as granting or guaranteeing any applicant any right to such an award.

W. Va. Code R. § 133-61-6 Eligibility For an Award in Multiple Academic Years

6.1. A recipient who receives an award may be eligible to draw down additional awards in every remaining year of the recipient’s medical school education.

6.1.a. In order to be eligible for an award in a subsequent award cycle, the recipient must have progressed to the next academic year of the program, be in good professional standing and not be on probation or suspension or other circumstances deemed by the institution to warrant loss of good standing.

6.2. The recipient must notify the Vice Chancellor for Health Sciences annually whether the recipient wishes to receive the award for the current academic year.

6.3. The maximum number of awards a recipient may receive is four.

W. Va. Code R. § 133-61-7 Award Provisions and Promissory Note

7.1. Upon notification of his or her acceptance into the program, each recipient must sign a promissory note agreeing to the program requirements. No award payments shall be disbursed before the recipient has properly completed and signed the promissory note.

7.2. By signing the promissory note, the recipient will agree to practice full-time in an underserved area for one year for every academic year the applicant receives an award. Additionally, the recipient will agree that if he or she fails to complete his or her training or practice at an eligible service site as required by the award agreement, then the recipient is in breach of contract and is liable for repayment of the award.

7.3. If a recipient fails to complete the service obligation and repayment of the award is required, the granting of or a renewal of a license to practice in West Virginia or to reciprocal licensure in another state based upon licensure in West Virginia shall be contingent upon the recipient’s repayment of the award and any accrued interest, court costs, or other costs associated with the debt.

7.3.a. No license, renewal or reciprocity shall be granted to persons whose payments are in arrears.

7.3.b. The appropriate regulatory board shall inform all states where a recipient has reciprocated based upon West Virginia licensure of any refusal to renew licensure in West Virginia as a result of failure to repay the award amount.

7.4. Upon execution of the promissory note, each recipient shall receive a tuition waiver in the amount of the difference of the in-state and out-of-state tuition charged by the awardee’s institution for the academic year during which the recipient is selected for the program.

7.4.a. If a recipient receives the award in more than one academic year, the waiver amount will be adjusted each year to reflect the current year’s tuition differential between the institution’s in-state and out-of-state tuition. A recipient must sign a separate promissory note for each year the recipient receives an award.

W. Va. Code R. § 133-61-8 Notification of Recipients and Fund Disbursement

8.1. The Vice Chancellor for Health Sciences or his or her designee shall notify students of their selection to receive an award.

8.2. Each medical school shall invoice the Commission each year for the amount of funds required to provide the approved number of awards to its students. Once a medical school’s invoice is approved by the Vice Chancellor for Health Sciences, the Commission shall disburse funds to the medical school.

8.3. The medical school will apply program funds in the form of a tuition waiver against the recipient’s tuition statement for the academic year in which the student receives the program award.

8.4. If a recipient terminates enrollment for any reason during the academic year, the unused portion of the award shall be returned to the Commission by the institution in accordance with the Commission’s rule for issuing refunds pursuant to the provisions of West Virginia Code §18C-5-1 et seq. If the recipient also received federal financial aid, the institution must abide by the refund policy associated with Title IV funds. The institution is responsible for returning the unused portion of the award even if the student does not request a refund from the institution.

W. Va. Code R. § 133-61-9 Completion of Program of Study and Training

9.1. Recipients must complete medical school within a reasonable time period not to exceed six (6) years.

9.2. Recipients must complete residency training in a specialty leading to a practice in one of the primary care or shortage specialties. Recipients must complete residency training within a reasonable time period not to exceed six (6) years.

9.3. Fellowship training is allowed if the Vice Chancellor for Health Sciences determines it is relevant to the recipient’s selected specialty. Recipients must complete fellowship training within a reasonable time period not to exceed three (3) years.

W. Va. Code R. § 133-61-10 Fulfillment of Agreement

10.1. A recipient shall satisfy his or her obligation as stated in the recipient’s award agreement by practicing at an eligible service site in West Virginia. If the program’s definition of eligible service sites changes between the recipient receiving his or her award and beginning practice, the recipient may select a practice site that meets either the current definition or the definition in place during any of the academic years in which the recipient received the award.

10.1.a. At the time a recipient is ready to start his or her practice or teaching, he or she may request that additional areas be considered as eligible service sites by the Vice Chancellor for Health Sciences. A recipient must provide documentation to explain why the site should be considered for a waiver of program requirements. The Vice Chancellor for Health Sciences shall use his or her discretion in approving the award.

10.2. Unless a waiver is granted, the recipient must begin practicing within six (6) months of completing training.

10.2.a. Any recipient may petition the Vice Chancellor for Health Sciences to pursue additional post-graduate training beyond requirements contained in this section. The Vice Chancellor for Health Sciences shall use his or her discretion in approving such request.

W. Va. Code R. § 133-61-11 Coordination With Other Programs

11.1. Federal policy prohibits concurrent service of Choose West Virginia Practice Program service obligation with some federal programs’ service obligations, such as the National Health Service Corps’ Scholarship Program.

11.2. With advance approval of the Vice Chancellor for Health Sciences, the recipient may serve his or her obligation concurrently with other programs with service obligations that do not fall under the federal prohibition of concurrent service obligations.

W. Va. Code R. § 133-61-12 Repayment of Award in Lieu of Service

12.1. In lieu of service, a recipient must repay the full amount of funds received, plus interest at a rate of five percent per year. Repayment must occur in full within three (3) years of the date the recipient completes or terminates his or her training or if the participant begins the service obligation, within three (3) years following the date he or she is no longer practicing at an eligible service site.

12.1.a. Payment may be made in one full payment or arrangements may be made to repay the award over up to a three (3) year period.

12.1.b. If a recipient serves as much as six (6) months full-time practice for his or her obligation but does not complete the full obligation, payment shall be figured on a pro rata basis. No credit shall be given for less than six (6) months of service of full-time practice.

12.2. Interest shall start to accrue on the day the recipient completes or terminates training or is no longer serving as required by the promissory note.

12.3. The recipient shall pay all attorney's fees and other costs and charges for the collection of any amount not paid when due.

W. Va. Code R. § 133-61-13 Collections

13.1. Institution and Commission staff shall exercise due diligence in collecting monetary repayments from program recipients.

13.2. Institutional due diligence means:

13.2.a. Conducting and documenting an entrance interview (individually or in groups) with an award recipient before disbursing funds in an academic year. This requirement may be met by correspondence if the institution determines that a face-to-face meeting is not practical.

13.2.b. Conducting and documenting an exit interview with the award recipient in which the institution provides the borrower with information necessary to carry out the terms of repayment, reminds the recipient of the rights and responsibilities associated with the funds, and updates the recipient’s personal information to assist in locating the recipient if he or she fails to keep the institution or the Commission informed of his or her current address.

13.3. Commission due diligence means:

13.3.a. Notifying the award recipient of his/her obligations at least once annually during any grace or deferment period.

13.3.b. Performing regular billing.

13.3.c. Following up past due payments with a series of at least four (4) documented and reasonably spaced attempts to contact the borrower, at least three (3) of which must be in writing at not more than thirty (30)-day intervals, before the obligation becomes one hundred-twenty (120) days past due, provided that the Commission has a current address for the borrower.

13.3.d. Performing address searches when necessary.

13.3.e. Referring defaulted award recipients more than one hundred-twenty (120) days past due to the Secretary of the Department of Administration or to a collection agent.

13.4. In place of one or more of the procedures outlined above, institutions and Commission staff may substitute collection techniques that are equally or more effective.

W. Va. Code R. § 133-61-14 Cancellation and Waiver of Practice Obligation

14.1. In the event of the recipient's death, any unpaid indebtedness on his or her obligation shall be cancelled.

14.2. In the event of the permanent, total disability of the recipient, any unpaid indebtedness on his or her obligation shall be cancelled.

14.3. In certain cases such as partial disability, chronic disease, or other instances of extreme hardship, repayment of the award may be postponed or waived. The recipient must thoroughly document a request for such consideration. The Vice Chancellor for Health Sciences shall be the authority that may grant such postponement or waiver.

W. Va. Code R. § 133-61-15 Annual Certification of Practice

15.1. To be eligible for credit toward the obligation, the recipient must have approval from the Vice Chancellor for Health Sciences to practice at a specific practice site in an underserved area in West Virginia. Throughout the course of their participation in the program, recipients must annually provide evidence of continued practice at an approved site. Such evidence shall be presented on a form provided by the Vice Chancellor for Health Sciences for this purpose.

15.2. Recipients shall be required to maintain their current mailing address, email address, and phone number with the Vice Chancellor for Health Sciences until such time as the obligation has been satisfied through service or repayment.

W. Va. Code R. § 133-61-16 Appeals

16.1. A student may appeal in writing the denial of an initial award or renewal award or any other decision within fifteen (15) days of receiving notification to the Vice Chancellor for Health Sciences. The Vice Chancellor for Health Sciences may consult with an appeals committee comprised of financial aid staff, health sciences staff, and representatives from the applicant’s institution. The Vice Chancellor for Health Sciences shall issue a written decision upholding or reversing the initial decision within fifteen (15) days of receipt of the appeal.

16.2. An applicant may further appeal in writing the decision of the Vice Chancellor for Health Sciences within fifteen (15) days of receipt of notification of the decision to the Vice Chancellor for Administration. The Vice Chancellor for Administration shall issue a written decision upholding or reversing the Vice Chancellor for Health Sciences’ decision within twenty (20) days of receipt of the appeal.

16.3. Any appeal made should set forth in detail the grounds for the appeal. The decision rendered at each level shall address in writing each ground raised.

W. Va. Code R. § 133-61-17 Accounting, Reporting, and Auditing Requirements

17.1. Before the end of each fiscal year, each institution’s financial aid office must reconcile its program records with:

17.1.a. The Commission’s records of program awards and disbursements; and

17.1.b. The institution’s business office records of program disbursements.

17.2. All participating institutions may be subject to financial aid audits.

Series 62 Energy and Water Savings Performance Contracts, Monitoring Use and Reduction

W. Va. Code R. § 133-62-1 General

1.1. Scope. -- This rule establishes guidelines and procedures that will establish a recommended standardized Energy Savings Performance Contract process (ESPCP) through which all West Virginia regional public colleges and universities reduce energy use and water consumption.

1.2. Authority. West Virginia Code §18B-1-6(c)(3).

1.3. Filing Date. -- August 7, 2018.

1.4. Effective Date. -- September 7, 2018.

W. Va. Code R. § 133-62-2 Purpose

2.1. The primary purposes of this rule are to:

2.1.a. Encourage individual campuses and the West Virginia Higher Education Policy Commission (Commission) to examine all opportunities for reduction in overall energy use;

2.1.b. Ensure that institutions have the basic knowledge necessary to accurately monitor energy usage;

2.1.c. Encourage institutions follow recommended procedures for selecting qualified firms and/or professional services from the Commission’s list of pre-qualified vendors for Guaranteed Energy Savings Projects;

2.1.d. Provide coordination as requested to assist institutions in the selection, planning and/or financing of Guaranteed Energy Savings Projects; and

2.1.e. Provide energy savings best practices, training, and resources for institutions.

W. Va. Code R. § 133-62-3 Guidelines

3.1. The following will guide the further development and coordination of Guaranteed Energy Savings Projects and/or energy use reduction measures on campus;

3.1.a. It is recommended that all institutions, at a minimum, have completed the EnergyStar Portfolio Manager for all campus structures to establish a baseline score for each building regarding energy usage. Additionally, all institutions should establish the Energy Use Intensity (EUI) number for each campus structure. Once the Portfolio Manager and the EUI inventory are completed, the data should be submitted to the Office of Finance and Facilities.

3.1.b. Once the Portfolio Manager and EUI numbers are established, all institutions are encouraged to have an energy use monitoring plan in place that addresses, but is not limited to the following: prioritization of energy reduction measures beginning with the most critical structure, immediate measures that can be implemented to reduce excessive energy usage, and/or consideration of engaging with an energy services company (ESCO) and/or professional engineering services for Guaranteed Energy Savings Projects from the Commission’s list.

3.1.c. All institutions are encouraged to continually monitor the utility usage and at a minimum, annually review their energy plans. The president of each institution shall submit a copy of the Energy Management Plan to the Chancellor annually by June 30. A written summary of any revisions to the energy plan is to accompany the document submitted to the Chancellor. The governing boards shall provide all data relating to the plan to the Commission that the Commission requests.

3.1.d. While the Energy Management Plan is a stand-alone document, there should be consideration given to coordination with the Campus Development Plan, especially where there is overlap regarding deferred maintenance.

3.1.e. Within the Energy Management Plan, consideration should be given to include faculty, staff, and students on opportunities available to reduce energy usage on an individual level.

3.1.f. All institutions are encouraged to either appoint an Energy Management Coordinator or develop and maintain an Energy Management Committee. The purpose of this individual or committee is to monitor and review best practices regarding energy savings opportunities. The Energy Management Committee should consist of, but is not limited to, campus leadership, facilities, students, staff and faculty. Any community members interested should be encouraged to participate as well. Either the Energy Management Coordinator or an appointee from the Energy Management Committee will be the point of contact to the Director of Facilities and Sustainability in the Higher Education central office for such matters of support, training and sharing of information for any matters regarding energy savings opportunities.

3.1.g. The Commission, through the Director of Facilities and Sustainability, will actively provide training and resources associated with energy management, EnergyStar Portfolio Manager, energy use calculation and any other methods that can assist and support energy use best practices.

Series 63 Mental Health Loan Repayment Program

W. Va. Code R. § 133-63-1 General

Scope. -- This rule establishes requirements for eligibility, award, maintenance, and termination of the financial incentives provided by the Mental Health Loan Repayment Program.

Authority. -- West Virginia Code §18B-1-6 and §18C-3-3(e) and (f).

Filing Date. -- April 6, 2026.

Effective Date. -- May 6, 2026.

This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 133-63-2 Purpose

The purpose of this program is to provide an incentive for practicing mental health professionals to deliver therapy or counseling services in underserved areas of West Virginia.

Mental Health Loan Repayment Program funds shall be awarded to West Virginia residents who are currently practicing mental health professionals and who provide therapy or counseling services in an underserved area of West Virginia. A revolving fund will be established for funds for this program.

W. Va. Code R. § 133-63-3 Eligibility Criteria

In order to be eligible for a Mental Health Loan Repayment Program award, each applicant must:

Certify that the applicant possesses federal student loans in an amount equal to or exceeding the proposed award amount; and Be a graduate of an accredited program at an institution of higher education, having obtained a degree preparing them for licensure as a licensed doctoral clinical psychologist, master’s level licensed psychologist, licensed independent clinical social worker, licensed certified social worker, licensed professional counselor, licensed marriage and family therapist, psychiatric mental health nurse practitioner, licensed graduate social worker, or other mental health disciplines identified by the Vice Chancellor for Administration as experiencing a shortage of practitioners; and Be employed in an underserved area in West Virginia, providing individual therapy or counseling and/or group therapy or counseling for a majority of their practice.

W. Va. Code R. § 133-63-4 Application Process

The applicant must apply to the Mental Health Loan Repayment Program using an application form provided by the Vice Chancellor for Administration.

Applicants for participation in the Mental Health Loan Repayment Program shall submit their applications by the deadline established by the Vice Chancellor for Administration. Applications must be complete and received by the deadline in order for the applicant to be considered for an award.

W. Va. Code R. § 133-63-5 Selection of Recipients

Recipients will be selected from a pool of all qualified applicants.

Awards shall be determined by the Vice Chancellor for Administration with the advice of an advisory panel. The advisory panel may be made up of the Division of Health Sciences Advisory Committee and such other members as may be added by the Vice Chancellor for Administration from time to time.

In order to be selected to receive a Mental Health Loan Repayment Program award, an applicant must agree to provide mental health therapy or counseling services for at least one (1) year full-time or at least two (2) years part-time in an underserved area for every year that funding is awarded.

Applications will be processed without regard to race, color, religion, sex, national origin, ancestry, sex, age, disability, genetic information, or veteran or military status.

In making awards, the Vice Chancellor for Administration may consider such factors as the applicant's expressed commitment to the provision of mental health services in underserved communities, and their work or community service experiences in underserved areas of the State.

The number of awards shall be determined by the availability of funds.

Nothing in this rule shall be construed as granting or guaranteeing any applicant any right to such an award.

W. Va. Code R. § 133-63-6 Award Provisions and Agreement

The award amount shall be up to $10,000 (depending on outstanding federal student loans) for one (1) year of full-time service or two (2) years of part-time service for eligible mental health professionals. Recipients can receive the award up to three (3) times based on availability of funds and continued eligibility for the loan repayment program.

The award agreement shall contain the provision that the recipient will agree to practice full-time for at least one (1) year or part-time for at least two (2) years in an underserved area of West Virginia.

No award payments shall be disbursed before a properly completed and signed award agreement and documentation of outstanding federal student loans have been delivered by the recipient to the Vice Chancellor for Administration or their designee.

W. Va. Code R. § 133-63-7 Notification of Recipients and Fund Disbursement

7.1. The Vice Chancellor for Administration or their designee shall notify recipients of their selection to receive an award.

7.2. The full amount of the award shall be disbursed to the federal student loan servicer upon the receipt of verification of one (1) year of full-time employment or two (2) years of part-time employment in an approved site, beginning from the date of the award agreement. The Vice Chancellor for Administration shall approve the disbursement of the funds.

W. Va. Code R. § 133-63-8 Fulfillment of Agreement

To fulfill the award agreement, a participant must complete and document the service obligation by a deadline established by the Vice Chancellor for Administration or the award will be cancelled.

A recipient shall satisfy obligation as stated in the recipient’s award agreement by practicing mental health therapy or counseling full- or part- time in an underserved area of West Virginia.

If at any time during the term of the agreement the recipient needs to change the practice site, the recipient may request approval from the Vice Chancellor for Administration and may request that additional areas be considered as underserved if appropriate.

With advance approval of the Vice Chancellor for Administration, the recipient may serve their obligation concurrently with other service obligations.

W. Va. Code R. § 133-63-9 Definitions

9.1. “Practicing mental health professionals” means licensed doctoral clinical psychologists, master’s level licensed psychologists, licensed independent clinical social workers, licensed certified social workers, licensed professional counselors, licensed marriage and family therapists, psychiatric mental health nurse practitioners, or other disciplines which may be identified as practicing mental health professionals providing therapy or counseling services by the Vice Chancellor for Administration.

“Underserved area” means any mental health professional shortage area located in the state as determined by the Bureau for Public Health, any hospital devoted solely to the provision of mental health services, or any additional mental health professional shortage area determined by the Vice Chancellor for Administration.

Federal student loans are loans in the applicant’s name that were used for educational costs associated with obtaining a degree. Parent PLUS Loans are not eligible for loan repayment assistance.

“Part-time” for purposes of fulfillment of Section 5.3 is defined as working a minimum of twenty hours per week.

Series 64 Administrative Exemption

W. Va. Code R. § 133-64-1 General

Scope. – This legislative rule establishes the process by which the West Virginia Higher Education Policy Commission (Commission) will grant administrative exemption status to and remove administrative exemption status from the State’s baccalaureate institutions of higher education.

Authority. – West Virginia Code §18B-1-1f(c).

Filing Date. – April 15, 2026.

Effective Date. – May 15, 2026.

This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 133-64-2 Definitions

“Administratively exempted schools” means state colleges and universities:

2.1.a. That achieve and maintain three of the five following criteria:

2.1.a.1. Graduation rate: A three-year average graduation rate of not less than 45 percent;

2.1.a.2. Retention rate: A three-year average retention rate of not less than 60 percent;

2.1.a.3. Credit head count enrollment: A three-year credit head count enrollment increase, or a decrease of not more than five percent over the same period;

2.1.a.4. Days of cash reserved: A three-year average of not less than 50 days cash reserved;

2.1.a.5. Composite Financial Index: A Composite Financial Index of not less than one as reported in the college and university’s audited financial statements; or

2.1.b. Whose governing board requests a review by the Chancellor of any special circumstances and the Commission grants administratively exempted status based on those special circumstances as verified by the Chancellor after his or her review.

“Composite Financial Index” means the benchmarking tool used by the Higher Learning Commission as a financial indicator and developed specifically for the higher education industry and is a combination of several different ratios, each of which is comprised of data that, when analyzed further, can provide insight into an institution’s financial health and inform decision-making processes.

“Credit headcount enrollment” means the total number of unique students, but not counting dual-enrolled high school students, who enrolled in credit-bearing classes during the fall, spring, and summer terms in a given academic year at a specific institution.

“Days of cash reserved” means the audited end of fiscal year cash balance, multiplied by 365, and then divided by the audited total expenses less depreciation, and less other post-employment benefit and pension liability expenses.

“Graduation rates” means the proportion of first time in college students who obtain a bachelor’s degree within six years, as further defined by and reported to the Commission.

“Retention rates” means the proportion of first-time, fall term, full-time freshmen students who are in continuing enrollment in the fall term of the next succeeding year.

“State college and university” shall have the same meaning as provided in West Virginia Code §18B-1-2.

W. Va. Code R. § 133-64-3 Procedure for Requesting Status as an Administratively Exempt School

Requesting Administratively Exempt Status. – Any State college or university may apply to the Commission for designation as an administratively exempt school by its governing board submitting a letter to the Chancellor requesting such status and setting forth which of the criteria established in West Virginia Code §18B-1-1f(b) and reiterated in subsection 2.1 above the college or university meets. Applications must be submitted to the Commission between January 1 and January 31 for the following academic year.

Reviewing Administratively Exempt School Status. – Upon receipt of a request for administrative exemption, the Commission shall verify that the requesting institution meets the statutory criteria using data submitted by the college or university to, and validated by, the Commission.

Institutions shall provide promptly upon request from the Commission or Chancellor any information to support the Commission’s review of the institution’s performance as an administratively exempt college or university.

W. Va. Code R. § 133-64-4 Procedure for Granting or Denying Status as an Administratively Exempt School

Approval of Administratively Exempt School Status. – Upon verification that an institution meets three of the five requirements to be designated as an administratively exempt school, the Commission shall vote on the matter at its next regularly scheduled meeting.

W. Va. Code R. § 133-64-5 Procedure for Reviewing Administratively Exempt Status Once Granted

Review of Administrative Exempt School Status Institutions. – Commission staff will review annually all criteria, either statutory or special circumstances, for administratively exempt school status for the administratively exempt institutions.

If, during its annual review, Commission staff determines that an administratively exempt school has failed to meet one or more of the criteria by which it initially qualified for administrative exemption status, but that it also now meets one or more of the other criteria that would allow it to maintain its administrative exemption, Commission staff will notify the institution that it is being allowed to maintain its administrative exemption status under the newly met criteria.

Each year, as part of the statutorily mandated annual reauthorization process established in 133 C.S.R. 52, Annual Reauthorization of Degree Granting Institutions, the reauthorization review committee shall determine whether administratively exempted institutions are meeting at least three of the exemption criteria specified in Section 2 of this rule.

5.3.a. Those administratively exempted institutions meeting three or more of the criteria in the review process shall be reported in the annual reauthorization resolution to the Commission as qualified to maintain administratively exempt status.

5.3.b. Those administratively exempt institutions that fail to meet at least three of the exemption criteria shall be reported in the annual reauthorization resolution to the Commission as failing to meet the requirements to maintain the administratively exempt status. The institution shall be formally notified of this finding by the process set forth in Section 6 below.

W. Va. Code R. § 133-64-6 Revoking Administratively Exempt School Status Procedure

6.1. Upon the annual review, institutions that do not meet three of the five requirements for administratively exempt school status, the Chancellor will notify the President of the institution that they no longer meet the requirements for the designation and that the institution has one year to meet the requirements again.

6.2. Upon the second consecutive annual review where institutions do not meet three of the five requirements for exempt status, the Chancellor will notify the President that the institution no longer is eligible and that the institution may have its administratively exempt status revoked after thirty (30) days from the date of the notice.

6.3. Upon the annual review, if it is determined that the special circumstances that the administratively exempted status is based on no longer exist, the Chancellor will notify the President that the institution no longer is eligible and that the institution may have its administratively exempt status revoked after thirty (30) days from the date of the notice.

6.4. After 30 days have passed following the notification that an institution no longer meets the requirements for exempt status, the Commission will vote at its next regularly scheduled meeting on whether to revoke the institution’s administratively exempted status.