The Wilson University Union is the location of the meeting and is labeled 5 on the campus map. Parking is available in lot labeled M.

Transcription

1 The Wilson University Union is the location of the meeting and is labeled 5 on the campus map. Parking is available in lot labeled M. On I-64, take the Institute exit and turn left onto Route 25. Follow Route 25 past West Virginia State University campus until you reach Washington Avenue. Turn right onto Washington Avenue and proceed until you reach the Wilson University Union, which is located to the right.

2 I. Call to Order MEETING OF THE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION APRIL 26, 2007 Wilson University Union West Virginia State University, Institute, West Virginia AGENDA 9:30 AM Work Session II. Reports and Presentations A. Update on Master Planning Process Tab 1 B. Summary Report on 2007 Legislative Session Tab 2 C. Discussion of Salary Increases Tab 3 D. Report on 2007A Revenue Refunding Bonds Tab 4 III. Campus Master Plan Presentations A. West Virginia University Ten-Year Campus Master Plan Update Tab 5 B. Concord University Campus Master Plan Five-Year Update Report and Second Five Year Implementation Plan Tab 6 ~~~~~~~ 11:30 AM (Approximate) Lunch Break ~~~~~~~ I. Call to Order Afternoon Meeting The Commission will convene immediately following Lunch II. III. IV. Approval of Minutes Nominating Committee Report and Election of Officers Chancellor s Report

3 V. Academic Program Items A. Approval of the Compact Update from West Virginia State University Tab 7 B. Final Approval of Proposed HEPC Series 7, PROMISE Scholarship Program Tab 8 C. Final Approval of Proposed Revision to HEPC Series 23, Standards and Procedures for Undergraduate Admission Tab 9 D. Approval of Proposed Revision to HEPC Series 9, Academic Freedom, Professional Responsibility, Promotion and Tenure Tab 10 VI. Finance/Facilities Action Items A. Approval of West Virginia University Ten-Year Facilities Campus Master Plan Update Tab 5 B. Approval of Concord University Campus Master Plan Five-Year Update Report and Second Five Year Implementation Plan Tab 6 C. Approve Transfer of 2004(b) Excess Lottery Revenue Bond Proceeds Between Projects West Virginia University Tab 11 D. Approve the Bond Resolution and Financial Feasibility Study for a Wellness Center Addition to the Butcher Center Shepherd University Tab 12 E. Approval of Bond Issue by Glenville State College for Science Building and Other Capital Improvements Tab 13 F. Approve Construction of a New Center for Clinical Evaluation WVSOM Tab 14 G. Transfer of Real Property to West Virginia Northern Community College Tab 15 H. Approval of Tuition and Fees Tab 16 I. Approval of FY 2008 Institutional Debt Service Obligations Tab 17 J. Allocations of Fiscal Year 2008 State Appropriations and Fiscal Year 2007 Supplemental Allocations to Institutions and Other Entities Tab 18 K. Approval of Institutional Higher Education Resource Assessments Tab 19 VII. Additional Board Action and Comments IX. Adjournment

4 MINUTES HIGHER EDUCATION POLICY COMMISSION February 2, Call to Order Chair Michael Garrison convened the meeting of the Higher Education Policy Commission at the WV Department of Environmental Protection Headquarters in Charleston, West Virginia, at 9:30 a.m. with the following Policy Commission members present: Michael Garrison, John Estep, David Hendrickson, Kay Goodwin, J. Thomas Jones, Steve Paine and Nelson Robinson. Absent: Richard Adams, Mary Clare Eros, and David Tyson. Also in attendance were institutional presidents, higher education staff, and others. 2. Reports and Presentations A. Higher Education Report Card Annual Status of Higher Education Chancellor Noland presented a report entitled Profile and Trends in Higher Education, which provided an analysis of the data in the Higher Education Report Card. He discussed the core policy components of the public policy agenda: Participation, Affordability, Completion, and Benefits. Among the positive trends he noted were increased headcount and FTE enrollment in a time of decreasing numbers of high school graduates, increased participation rate of high school graduates, improved ACT and SAT performance, and increased state appropriations for financial aid. Discussion centered around the public policy issues of the increasing dependency on tuition and fee revenues, the changes in faculty salaries compared to regional and national benchmarks, college completion rates and educational attainment levels, shifting employment growth trends, and the need to ensure that academic programming meets state needs. Dr. Noland reported that the new statewide master plan will address the public policy issues that have been identified in this report. Concluding his report, Chancellor Noland highlighted Governor Manchin s budget for higher education, which responds to the Commission s priorities of additional funding for need-based financial aid, percentage increases in institutional operating budgets, and academic research. B. Study of Higher Education Faculty in West Virginia Dr. Bruce Flack, Director of Academic Affairs, introduced Dr. C.B. Wilson, and Dr. Sylvia Shurbutt, the co-chairs of the Select Committee on Higher Education Faculty 1 Minutes-1

5 in West Virginia, which was formed in response to a legislative mandate for a comprehensive study of higher education personnel issues. Dr. Wilson, Associate Provost, Academic Personnel at West Virginia University, spoke first regarding the formation and activity of the committee. Dr. Shurbutt, Professor of English at Shepherd University, gave highlights of the committee s findings. The committee surveyed institutional practices and policies at each of the state s public institutions and the report summarizes findings in the areas of merit pay and salary policies, faculty evaluation procedures, promotion and tenure policies, adjunct faculty policies and practices, and faculty work-load policies. The report is contained in the agenda materials. C. Health Sciences Report Card Dr. Bob Walker, Assistant Vice Chancellor for Health Sciences and Professor and Chairman of Family and Community Health at Marshall University School of Medicine, presented highlights of the 2006 Health Sciences Report Card. He noted that 39 percent of West Virginia s recent medical school graduates are practicing in the state after completing their training. In the past 10 years, the greatest change has been in retention of medical graduates has been in the primary care fields, where the number has increased from 168 to 285 physicians who are practicing in West Virginia. Some concerns and issues that Dr. Walker mentioned for consideration by the Commission were: decreased availability of primary care residencies through hospitals; expansion of class sizes at all of the medical schools; issues of quality if average MCAT and licensing scores continue to decrease; and increasing indebtedness of medical school graduates. Following discussion, the Commission thanked Dr. Walker for his on-going assistance in the area of statewide coordination and oversight of the health sciences. D. Rural Health Education Partnerships Update Hilda R. Heady, Associate Vice President for Rural Health at the Robert C. Byrd Health Sciences Center of WVU, presented an overview and update of the Rural Health Education Partnerships Program. She addressed the second portion of the Health Sciences Report Card, which provides data on the community-based education and training of health sciences students in partnership with training sites in the underserved areas of 54 counties. Ms. Heady also highlighted the Health Sciences and Technology Academy (HSTA) program, which motivates minority and disadvantaged high school students to enter college and careers in the health sciences. E Legislative Session Update 2 Minutes-2

6 Bruce Walker, General Counsel, briefed the Commission on higher education bills under consideration by the Legislature. The status of those bills is revised daily at the HEPC web site. Of particular interest is Senate Bill 336, which has been initiated as a clean up bill, with the following provisions: allows chairs of HEPC, Council, and BOGs to serve 4 one-year terms instead of just 2 one-year terms; HEPC annual election of officers to occur in last meeting of fiscal year; updates CTC Chancellor employment terms to those similar to HEPC Chancellor; clarifies that any voting member of CTC may be elected officer; takes the caps off the classified salary schedule; raises Medical Student Loan forgiveness from $5,000 to $10,000 a year; and clarifies that HEPC adopts PROMISE rule. Dennis Taylor, Vice Chancellor for Administration, presented highlights of Governor Manchin s proposed Fiscal Year 2008 budget, including $7.5 million of new onetime funding for the Research Challenge program, $8 million additional funding for the Higher Education Grant Program, $5 million for across the board base budget enhancements for institutional operations, $6 million for salary enhancements, and a statutorily defined increase of $800,000 for the PROMISE Scholarship Program. Chancellor Noland and members of the Commission expressed their gratitude for the Governor s support in these areas, which were the Commission s priorities. 3. Campus Master Plan Presentations Representatives of the following institutions made presentations of their campus master plans and updates for consideration and approval later in the meeting. Copies of the master plans are available on the Agenda page of the HEPC web site. A. West Virginia State University: Dr. Cassandra Whyte, Vice President for Administrative Services, presented background information on the institution and then introduced the representatives of the architectural firm and campus planning consultant who discussed campus development as proposed in the ten-year campus master plan update. Discussion centered around the anticipated enrollment growth and the issues of low graduation and retention rates that were noted in the institutional compact review. B. Fairmont State University: President Dan Bradley gave a presentation on the accomplishments of the first five years of the campus master plan and proposed implementation plan for the second five years of the planning period. He highlighted the opportunities that exist for organizing and strengthening campus land use as well as upgrading and expanding academic core and residential facilities. Discussion focused on the costs of capital projects and the need to keep tuition and fees as low as possible for student access. C. West Virginia School of Osteopathic Medicine: President Olen Jones addressed the Commission with a brief status report on the campus master plan and the proposed second five-year implementation plan. He indicated that the 3 Minutes-3

7 costs of future development would be covered by institutional funds. 4. Call to Order The Commission reconvened at 12:15 PM, following a break for lunch. 5. Oath of Office Chair Garrison welcomed two new appointees to the Commission, Mr. John Estep and Mr. David Hendrickson, and thanked them for their willingness to serve. He then administered the oath of office to Mr. Estep and Mr. Hendrickson. 6. Approval of Minutes Secretary Goodwin moved approval of the October 26, 2006, minutes. Mr. Robinson seconded. Motion passed. 7. Chancellor s Report Chancellor Noland briefly highlighted the activities since the last Commission meeting, including presentation of the Commission s budget to the Governor s Office on November 2, 2006, and to the House Finance Committee on January 29, The budget presentation to the Senate Finance Committee is scheduled for February 7, Staff has also started work on a new statewide master plan, under the leadership of Dr. Bruce Flack. The initial meeting of the statewide master planning task force was held on December 7, 2006, with Dave Spence of SREB providing context and facilitating the meeting. The next meeting of the task force is scheduled for February 9, 2007, and it is anticipated that an overall design and framework of the proposed master plan will be completed at that time. Following that meeting, work will begin on refinement of goals and strategies that will constitute the plan. 8. Finance and Facilities Items A. Fiscal Year 2006 Consolidated Audit Presentation Mr. Dennis Juran of Deloitte & Touche discussed the 2006 Consolidated Audit and the management letter findings. A copy of the report is available on the Agenda page of the HEPC web site. Mr. Juran indicated that the overall financial condition of the Higher Education Fund is strong, but dependent to some extent upon the demographics and economic environment of the State of West Virginia. One matter that he particularly pointed out to the Commission was that Governmental Accounting Standards Board (GASB) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment 4 Minutes-4

8 Benefits other than Pensions. This is effective and will be implemented July 1, 2007 for the State of West Virginia. It basically requires that each state entity record a postemployment insurance premium liability on its financial statements as opposed to the Public Employees Insurance Agency (PEIA) recording the total liability on its respective financial statements. Secretary Goodwin moved to accept the report, seconded by Mr. Robinson. Motion passed. B. 2004(b) Bond Draw Report Richard Donovan, Assistant Director of Facilities, gave an update on the status of actual bond draws by the institutions on the proceeds of the 2004 excess lottery revenue bonds. He stated that at the end of December 2006, the actual draws were 59 percent of the proceeds, or approximately $16 million less than the projection. Even though actual draws are behind the estimated draws, at the current rate of expenditure, it is anticipated that 87 percent of the proceeds will be drawn by August 31, 2007, exceeding the Internal Revenue Service s requirement. Mr. Donovan reported that one institution, Eastern WV Community and Technical College, is having difficulty with beginning it s project due to having bids come in over estimates and having to re-bid the project. This delay is not expected to impact the overall expenditures, because of the relatively small size of the project. In discussion, Mr. Robinson informed the Commission that the Council for Community and Technical College Education took action at its last meeting to ask Eastern to delay any further expense on the project until new bids are in and there is further review by the Council. Mr. Robinson said he will update the Commission after that review takes place. C. Approval of West Virginia State University s Ten Year Campus Master Plan Update Based on discussions on this item in the morning meeting, no action was taken pending a response from West Virginia State University on the campus compact update report. D. Approval of Fairmont State University Campus Master Plan Update Mr. Paine moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves Fairmont State University s five-year Campus Master Plan Update Report and the second five-year Implementation Plan as provided in Series 12, the 5 Minutes-5

9 Commission s Rule on Capital Project Management. Motion was seconded by Mr. Estep. Motion passed. E. Approval of the Campus Master Plan Five-Year Update Report and second Five-Year Implementation Plan West Virginia School of Osteopathic Medicine Mr. Robinson moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves West Virginia School of Osteopathic Medicine s five-year Campus Master Plan Update Report and the second five-year Implementation Plan as provided in Series 12, the Commission s Rule on Capital Project Management. Motion was seconded by Mr. Hendrickson. Motion passed. F. Approve Phase II HVAC Upgrade - West Virginia School of Osteopathic Medicine Mr. Robinson moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves West Virginia School of Osteopathic Medicine s Phase II HVAC Upgrade in accordance with Series 12, the Commission s Procedural Rule for Capital Project Management. Motion was seconded by Mr. Estep. Motion passed. G. Approve Maclin Hall and Tech Center Renovations and Financing WVU Institute of Technology Staff requested that this item be delayed until further information is available from West Virginia University about the financing of this project. H. Approve Transfer of 2004(b) Excess Lottery Revenue Bond Proceeds Between Projects Secretary Goodwin moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the request of Marshall University to transfer Lottery Revenue Bond Proceeds between projects as indicated in Table 1 of the agenda item. Further Resolved, That the transfer request from West Virginia University will be acted upon by the Commission following the action of WVU s Board of Governors 6 Minutes-6

10 on February 9, Motion was seconded by Mr. Robinson. Motion passed. I. Refunding the 1997A University System Bonds, the 1997A State College System Bonds and the 2000B University System Bonds. Mr. Donovan briefed the Commission on an opportunity for potential savings by refinancing the 1997 and 2000 system bonds. Institutions affected by this are Marshall University, Fairmont State University, Glenville State College, and West Liberty State College. These institutions would benefit from the savings and all have expressed a desire to proceed with refinancing. Staff is working with investment bankers and bond counsel to draft refunding documents and will ask for a special meeting of the Commission to approve the necessary resolutions and other documents to authorize the refunding. This will most likely occur in March. J. Capital Projects Mr. Donovan presented a report and list of projects that were presented to the Legislative Oversight Commission on Education Accountability (LOCEA) as required by 18B-1B-4(a)(11) of the West Virginia Code. The report included a draft list of potential Commission and Council bond projects, a request for onetime improvement level funding of $8 million for life-safety, ADA, and deferred maintenance projects, and a request for $6 million to start an Energy Savings Revolving Loan Fund. 9. Action on Proposed Rules A. Proposed Amendment of Series 7, PROMISE Scholarship Program Legislative Rule Chancellor Noland explained that legislative changes in 2006 required the PROMISE Board of Control to file an emergency legislative rule, and as a result, the Policy Commission must also amend its PROMISE Scholarship Program rule so that both the emergency rule and the HEPC rule will contain the same provisions. A summary of the changes was provided in the agenda materials. Secretary Goodwin moved to approve the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the proposed PROMISE Scholarship Program Legislative Rule to be filed with the Secretary of State for a thirty-day public comment period. The motion was seconded by Dr. Paine. Motion passed. 7 Minutes-7

11 B. Revision of Series 23, Standards and Procedures for Undergraduate Admission Dr. Bruce Flack, Director of Academic Affairs, presented background information regarding Series 23, which was revised in 2002 with more rigorous minimum standards for baccalaureate admission in Recent studies of the potential impact of those new standards have led to requests for modification of the policy in order to phase in the new standards and to prevent unintended consequences of denying admission to academically qualified students. Mr. Hendrickson moved to approve the following resolution: Resolved, That the West Virginia Higher Education Policy Commission directs the staff to circulate the revised draft of Series 23 to appropriate groups and the Secretary of State s office for the thirty-day comment period. The motion was seconded by Mr. Robinson. Motion passed. 10. Academic Program Items A. Approval of Reading Specialist Educator Certification (PreK - Adult) at Fairmont State University Mr. Robinson moved to approve the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the implementation of the Reading Specialist Educator Certification (PreK - Adult) effective with the Fall 2007 semester. The motion was seconded by Mr. Estep. Motion passed. B. Approval of the Master of Science in Human Services at Fairmont State University Mr. Robinson moved to approve the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the implementation of the Master of Science in Human Services: Human and Community Service Administration at Fairmont State University effective with the Fall 2007 semester. The motion was seconded by Mr. Estep. Motion passed. 8 Minutes-8

12 C. Review of Institutional Compact Updates Dr. Flack presented the results of the annual review of status reports on progress toward meeting goals of the institutional compacts. As outlined in the agenda item, the majority of the baccalaureate and graduate institutions are making adequate progress. Positive indicators included enrollment increases, continuing progress in graduation rates, degree production, and licensure rates, increases in external funding, and meeting expectations in complying with financial standards. Staff recommended approval of the reports of Bluefield State College, Concord University, Fairmont State University, Glenville State College, Marshall University, Shepherd University, West Liberty State College, and West Virginia University. The assessment of West Virginia University Institute of Technology indicated continued deficiencies in the key indicators, and staff recommended disapproval of the compact report; however, given the dynamic nature of the changes faced by the institution, it was recommended that the action not exclude West Virginia University Institute of Technology from receiving consideration for additional funding. Review of West Virginia State University s report indicated lack of progress in several of the key indicators, and severe challenges in the retention and graduation rates. Thus, staff recommended that West Virginia State University report by March 30, 2007, to the Commission on what steps will be taken to address the problem of low graduation and retention rates. Mr. Robinson moved to approve the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the recommendations for each of the institutional compact update reports from the institutions with baccalaureate and higher level degree programs for The motion was seconded by Dr. Paine. Motion passed. 11. Additional Board Action and Comments A. Resolution Honoring Former Commissioner Elliot Hicks Secretary Goodwin read the following resolution and moved for approval: Resolution Honoring Elliot G. Hicks, Esq. Whereas, Elliot G. Hicks undertook the challenge of implementing a new system of higher education when he was called upon to serve as an originating member 9 Minutes-9

13 of the West Virginia Higher Education Policy Commission in the year 2000 and conscientiously served the Commission through two terms of appointment until 2007; and, Whereas, Mr. Hicks embraced the mission of the Higher Education Policy Commission and provided expert leadership and understanding to all deliberations of the Commission, serving on various committees, including the Finance Committee and the Academic Policy Committee, which he chaired from 2002 until June, 2004; and Whereas, Recognized as a reasoned, insightful, and collaborative leader by his peers, Mr. Hicks was elected Secretary of the Commission in 2002 and 2003, and as Vice Chair in 2004 and 2005; and, Whereas, Mr. Hicks, with unfailing good humor, willingly gave of his time to contribute to the work of the Commission, including participation in weekend meetings with the West Virginia Legislature; Therefore, Be It Resolved, That the West Virginia Higher Education Policy Commission expresses its gratitude to Elliot G. Hicks for his commitment and outstanding leadership in forging a new era of higher education policy oversight in West Virginia and extends to him its very best wishes for continued success and happiness in all of his future pursuits; and, Further Be It Resolved, That this resolution be inscribed upon the minutes of this Commission and that a copy be delivered to Mr. Hicks. Adopted by the West Virginia Higher Education Policy Commission on this 2nd day of February, The motion was seconded by Mr. Robinson. Motion passed. B. Resolution Honoring Dr. Harry B. Heflin Secretary Goodwin read the following resolution and moved for approval: Resolution To Commemorate the Lifetime Achievements And Contributions to Higher Education on behalf of the Citizens of West Virginia -- Dr. Harry B. Heflin Whereas, The West Virginia Higher Education Policy Commission and its constituents of students, faculty, and higher education staff were deeply saddened to learn of the passing of Dr. Harry B. Heflin, President Emeritus of West Virginia University, on September 29, 2006; and, Whereas, Harry B. Heflin began his education in a one-room school in Ritchie County and earned his bachelor s degree from Glenville State College; and, Whereas, Following completion of his studies leading to a Doctor of Philosophy, Dr. Heflin served his country in the United States Naval Air Training Command and his state with a distinguished career in higher education; and, 10 Minutes-10

14 Whereas, Dr. Heflin was a wise teacher, administrator, mentor, and friend, who influenced the lives of many West Virginians in his service on the faculty at Marshall University, as President of Glenville State College, and as West Virginia University s Vice President for Finance and Administration, Interim President on two occasions, and as its eighteenth President in 1981; and, Whereas, After his first retirement in 1974, Dr. Heflin graciously and capably served in the capacity of Vice Chancellor for our predecessor body, the West Virginia Board of Regents; Therefore, Be It Resolved, That the West Virginia Higher Education Policy Commission, in recognition of its deep appreciation to Dr. Harry B. Heflin for his invaluable service to the people of the State of West Virginia, expresses its heartfelt sympathy to his wife and family in their loss; and, Further Be It Resolved, That this resolution be inscribed upon the minutes of this Commission and that a copy be delivered to Dr. Heflin s spouse, Mrs. Dora Heflin, and his son, Dr. B. Morgan Heflin. Adopted by the West Virginia Higher Education Policy Commission on this 2nd day of February, The motion was seconded by Mr. Robinson. Motion passed. 12. Adjournment There being no further business, the meeting was adjourned. David R. Tyson Chairman David K. Hendrickson Secretary 11 Minutes-11

15 1. Call to Order MINUTES SPECIAL MEETING OF THE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION February 12, 2007 Chair Michael Garrison convened a special meeting of the Higher Education Policy Commission at 4:00 PM in the conference room at 1018 Kanawha Blvd. East, Charleston, West Virginia, and by conference telephone call. The following Policy Commission members were present: Mary Clare Eros, Michael Garrison, Kay Goodwin, David Hendrickson, J. Thomas Jones, Nelson Robinson, and David Tyson. Absent: Richard Adams, John Estep, and Steven Paine. Also in attendance were institutional presidents, higher education staff, and others. 2. Approval of Transfer of Bond Project Funds at West Virginia University Mr. Jones moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the request of West Virginia University to transfer $1,222,000 in Lottery Revenue Bond Proceeds between projects as indicated in the agenda item. The motion was seconded by Mr. Hendrickson. Motion passed. 3. Approval of Maclin Hall and Tech Center Renovations and Financing the Projects through a Capital Lease Arrangement -- West Virginia University Institute of Technology Mr. Jones moved approval of the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the West Virginia University Institute of Technology Maclin Hall and Tech Center Renovation Projects based on funding availability through a capital lease financing arrangement. Further Resolved, That the West Virginia Higher Education Policy Commission approves the Lease-Purchase Authorizing and Reimbursement Resolution authorizing West Virginia University to enter into one or more Lease-Purchase Agreements, not to exceed $11,000,000 in aggregate principal amount. The motion was seconded by Mr. Hendrickson. Motion passed. 4. Approval of West Liberty State College s Presidential Appointment and Compensation Minutes-12

16 Mr. Tyson moved to go into Executive Session under the authority of WV Code 6-9A-4 to discuss the West Liberty State College presidential appointment. Motion was seconded by Mr. Jones. Motion passed. Mr. Jones moved to rise from Executive Session. Motion was seconded by Mr. Robinson. Motion passed. Mr. Tyson moved approval of the following resolution: Resolved, that the West Virginia Higher Education Policy Commission approves the appointment by the West Liberty State College Board of Governors of Robin Capehart to the presidency of West Liberty State College, under the terms and conditions set out in his proposed contract, Provided, that any salary supplement pursuant to Paragraph 12 of that contract must be reported to this Commission in amount and source and receive prior approval of this Commission. The motion was seconded by Mr. Robinson. Motion passed. Secretary Goodwin requested that her report regarding issues related to her representation of the Commission to the West Liberty State College presidential search be attached to these minutes. Mr. Jones moved to attach the report. Motion was seconded by Ms. Eros. Motion passed. 5. Adjourn There being no further business, the meeting was adjourned. David R. Tyson Chairman David K. Hendrickson Secretary Minutes-13

17 Memorandum to the Higher Education Policy Commission Re:West Liberty State College Presidential Search From: Kay Goodwin February 12, 2007 Commissioners: As your representative to the above named presidential search, on Friday, February 10, 2007, I attended the interviews of the two final candidates, and the ensuing end of process selection of the successful West Liberty State College presidential aspirant, Mr. Robin C. Capehart. I feel compelled to bring to your attention several issues surrounding the selection process both specific to this search, and generally, for upcoming searches at our institutions. Please let me say at the outset that I was welcomed most cordially, and was honored to be a part of the search process and to share the Commission viewpoint as requested. I provided each of you with a packet of s the Chancellor and I, among many others, had received prior to Friday s decision. From those s, from my observation of the process as I attended on Friday, from calls and s I and others have received since Friday, I have, for your consideration, noted several areas in which I think the Policy Commission could and should be helpful. Given the interest and concern that always surrounds a local issue such as the selection of a leader for institutions like our wonderful community and four year colleges and universities, it is certainly appropriate and understandable that there are numerous stakeholders. Issues: 1. If stakeholders are urged to participate, they should see at the end of the process that their participation was, if not successful in terms of candidate selection, at the very least considered and appreciated. Searches are often emotional and therefore divisive, and our institutions have enough difficulties to face without added consternation. 2. The Higher Education Policy Commission may have been remiss in failing to assist Boards of Governors in creating and implementing best practices in search processes, and, at base, in analyzing and performing their duties and responsibilities as individual Boards of Governors members. I hope we will remedy this oversight this spring in the form of required retreats or orientations that will be of assistance. 3. The Boards of Governors may need assistance in deciding on the best use of outside search consultants. There may be times when their expense and the travel and advertising surrounding their use is not justified. It could appear that the use of a search firm serves only to undergird the credentials of a previously chosen candidate. 4. Campuses need visits from the Chancellor and from HEPC Commissioners. We would hope that BOGs would participate fully in these meetings. 5. We may need a better process for approving the campus decisions on search processes. It is discomfiting for all involved for the search to close on the campus and to have to wait several days to receive our blessing. Perhaps if we were more involved in crafting the process for the searches generally, the efforts would go more smoothly. It may take legislative clarification to clear up the language of the statute in Senate Bill 653 and in our Commission policies. As a Commission member, assigned to a search, it would be helpful to have duties, responsibilities, and expectations clarified in advance of the entire process, averting guesses and divisive misunderstandings. Minutes-14

18 6. Once satisfactory processes are identified, and as amenable to all as possible, our Commission would have some basis on which to make our statutorily required judgment call at the end of the search process. Presently, the processes are so different, and the ensuing problems so myriad, it is most difficult to give the best and most helpful opinion as we finalize the presidential search process. Minutes-15

19 MINUTES EMERGENCY MEETING OF THE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION February 19, Call to Order Chair Michael Garrison convened an emergency meeting of the Higher Education Policy Commission at 10:00 AM in the conference room at 1018 Kanawha Blvd. East, Charleston, West Virginia, and by conference telephone call. The following Policy Commission members were present: John Estep, Mary Clare Eros, Michael Garrison, David Hendrickson, J. Thomas Jones, Nelson Robinson, and David Tyson. Absent: Richard Adams and Steven Paine. Also in attendance were institutional presidents, higher education staff, and others. The reason for the emergency was that the Shepherd University Board of Governors had selected a presidential candidate and wished to have approval of the Commission prior to making an announcement. 2. Approval of Shepherd University s Presidential Appointment and Compensation Ms. Eros reported to the Commission that she had served as its representative to the search and that she and the Chancellor worked very closely with the Shepherd Board of Governors throughout the process so that everything went smoothly. She thanked the Commissioners and staff for accommodating the request to have this emergency meeting. Ms. Eros moved approval of the following resolution: Resolved, that the West Virginia Higher Education Policy Commission approves the appointment by the Shepherd University Board of Governors of Dr. Suzanne Shipley to the presidency of Shepherd University, Provided, that any salary supplement pursuant to Paragraph 12 of the contract must be reported to this Commission in amount and source and receive prior approval of this Commission. The motion was seconded by Mr. Jones. Motion passed. 3. Adjourn There being no further business, the meeting was adjourned. Minutes-16

20 Chairman David R. Tyson David K. Hendrickson Secretary Minutes-17

21 1. Call to Order MINUTES SPECIAL MEETING OF THE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION March 15, 2007 Chair Michael Garrison convened a special meeting of the Higher Education Policy Commission at 11:30 AM in the conference room at 1018 Kanawha Blvd. East, Charleston, West Virginia, and by conference telephone call. The following Policy Commission members were present: Mary Clare Eros, John Estep, Michael Garrison, Kay Goodwin, David Hendrickson, J. Thomas Jones, Nelson Robinson, and David Tyson. Absent: Steven Paine. Also in attendance were institutional presidents, higher education staff, and others. 2. Election of Officer (Secretary) Chair Garrison announced that he had appointed a nominating committee, consisting of Thomas Jones, Nelson Robinson, and David Tyson, to make a recommendation to fill the office of Secretary recently vacated by Richard Adams. The committee chair, Mr. Jones, reported for the committee and moved to elect David Hendrickson as Secretary. The motion was seconded by Ms. Eros. Motion passed. 3. Approve 2007A Revenue Refunding Bonds Chair Garrison turned the chair over to Vice Chair Tyson and left the meeting. Mr. Tyson called upon Rich Donovan to present the agenda item. The purpose of the proposed action is to issue revenue refunding bonds that will save approximately two million dollars in debt service payments, based upon interest rates as of March 9. Mr. Jones moved to adopt the following resolution: Resolved, That the West Virginia Higher Education Policy Commission approves the Fourth Consolidated Supplemental Resolution authorizing the issuance of up to $30 million in revenue refunding bonds. The motion was seconded by Mr. Hendrickson. Motion passed. 4. Adjourn There being no further business, the meeting was adjourned. David R. Tyson Chairman David Hendrickson Secretary Minutes - 18

22 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: Update on Master Planning Process INSTITUTIONS: COMMITTEE: RECOMMENDED RESOLUTION: STAFF MEMBER: All Committee of the Whole Information item only Bruce Flack BACKGROUND: The task force that is developing the master plan for the Higher Education Policy Commission held its second meeting February 9, At the meeting, committee members reviewed an extensive outline of proposed elements for the document and agreed on a format that included five major areas of focus: economic growth, access, cost and affordability, learning and accountability, and innovation. The committee also decided to form two sub-groups to begin working on further refinement of issues relating to (1) learning, accountability, and access and (2) finance and financial aid policies. Bruce Flack is chairing the first sub-group and Brian Noland the latter. The sub-group on learning, accountability and access held its first meeting in March and will meet again on May 1. In addition to formulating a narrative for their portion of the master plan, the sub-group is also developing new elements for the institutional compact reporting process beginning with the academic year. The subgroup looking at finance and financial aid policy will meet on May 1. On May 30, 2007 the full master plan task force will meet to consider the reports and drafts prepared by the two sub-groups. The intent is to complete the master plan by Fall

23 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTIONS: RECOMMENDED RESOLUTION: STAFF MEMBER: Summary Report on 2007 Legislative Session All Information Item Bruce Walker BACKGROUND: Attached is a summary of the bills enacted by the Legislature this session which impact higher education in some manner. The summary also indicates the action taken by the Governor regarding the bill. Of particular attention is HB 2558, which contained a number of higher education clean-up provisions, but which was vetoed by the Governor because it violated the constitutional prohibition on a bill embracing more than one subject. 2-1

24 2007 Regular Session Bill Summary HB Any annual report an agency is required to submit to the Legislature or its officers may be submitted electronically. The annual reports to the Governor required at the end of each fiscal year may be submitted electronically. In effect 90 days from passage (3/10/07). SIGNED 3/27/07 HB Exempts the purchase by a health care provider of drugs, durable goods, mobility enhancing equipment and prosthetics to be used in medical care from sales tax. In effect from passage. SIGNED 3/22/07 HB Hospitals required to post in conspicuous places the rights in the Nurse Overtime and Patent Safety Act. Commissioner of Labor may keep complaints confidential until they are found to have merit. In effect 90 days from passage (3/10/07). SIGNED 3/27/07 HB Governor s Chief Technology Officer to consult with higher education governing boards adopting computer donation programs and give assistance. Commission, Council, Board of Governors Chairs allowed to serve four consecutive oneyear terms. Commission to hold its election of officers at the last regularly scheduled meeting in each fiscal year. All institutions authorized to donate surplus computers to education facilities, nonprofits, safety offices, and charitable organizations. Donation program is to occur only after consultation with Chief Technology Officer and adoption of a rule by the BOGs. Council Chancellor salary to not exceed 80% of the SREB average of state system higher education CEOs. Council is to elect its officers from among its voting members. A majority of the Council voting members is a quorum. Institutions that have fully funded the classified salary schedule may increase the salaries if classified employees above the minimums of that salary schedule. Commission can cancel up to $10,000 a year in loans under the Medical Student Loan Program for each year of service. In effect from passage. VETOED 4/4/07 HB Sets out a long list of diseases or conditions newborns must be tested for by the hospital, birthing center, parents, or physician. In effect 90 days from passage (3/10/07). SIGNED 4/2/07 HB Makes 21 st Century Learner Fellows eligible for continued PEIA coverage and Teachers Retirement. State Superintendent to designate up to 25 professional educators as 21 st Century Learner Fellows whom would become employees of an institution of higher education or its research corporation. Fellows to work on joint development projects between higher ed and K-12. In effect July 1, SIGNED 4/4/07 HB Makes several changes in the handicapped parking statute. Increases the fine for unlawfully parking in handicapped spot from $100 to $200 for first violation. In effect from passage (3/09/07). SIGNED 3/21/07 2-2

25 HB Increases the fine for giving alcohol to anyone under 21 from $100 to $250. In effect 90 days from passage (3/10/07). SIGNED 3/28/0 HB Requires plumbers and fire protection workers to be licensed. In effect from passage. SIGNED 3/22/07 HB Reconstitutes the Radiologic Technology Board of Examiners as the Medical Imaging and Radiation Therapy Board of Examiners. Sets out license requirements for Radiologic Technology, Radiation Therapist, Nuclear Medicine Technologist, Magnetic Resonance Imaging Technologist, and Podiatric Medical Assistant. In effect 90 days from passage (3/10/07). SIGNED 4/4/07 HB Extends to spouses of those military veterans who died during their war service, or because of it, the same waivers or tuition payments granted to the children of those deceased veterans. In effect 90 days from passage (3/09/07). SIGNED 3/20/07 HB Extends PEIA coverage to the dependent children of PEIA eligible employees up to 25 years of age. In effect July 1, SIGNED 4/4/07 HB State employees commencing work after July 1, 2007, shall have a minimum of $10 each pay period deferred from his pay each pay period unless they decline in writing. State Treasurer to invest the deferred compensation and may match up to 25% of what employee defers. In effect 90 days from passage(3/10/07). SIGNED 4/3/07 HB Creates a revolving loan fund under Health Care Authority Board for hospitals that are restructuring. In effect from passage. SIGNED 3/23/07 SB Sets out graduated penalties to be assessed against minors who consume alcohol. One of the penalties includes temporary loss of drivers license. In effect July 1, SIGNED 4/3/07 SB Sets out procedures for live and photo line-ups used by law enforcement in dealing with eyewitnesses. Sets up task force to study best practices for eyewitnesses. One member to be representative from Innocence Project at WVU law school. In effect from passage. SIGNED 4/3/07 SB Sums due the Teachers Retirement System by higher ed institutions to be paid no later than 15 days following the end of the calendar month. In effect 90 days from passage (3/06/07). SIGNED 3/26/07 SB Establishes West Virginia Performance Review Act that has Joint Committee on Government and Finance to review performance of all state agencies. Each agency to make presentation based on a number of criteria. Policy Commission and Council to make their presentation in July Agency reviews to be conducted every 6 years with 2-3

26 Commission and Council scheduled again in In effect from passage. SIGNED 4/3/07 SB Purchase Cards may be used for any type of payment authorized by Auditor, including cash advances for travel. Increases from 3 to 4 the number ed representatives on the Purchasing Card Advisory Committee. In effect 90 days from passage (3/10/07). SIGNED 3/26/07 SB Authorizes Secretary for Environmental Protection to propose rules establishing a net greenhouse gas inventory. Secretary to consult and coordinate with state agencies and higher education, particularly Marshall University and WVU, and enter into interagency agreements regarding providing information relating to greenhouse gas emissions, reductions and sequestrations. In effect 90 days from passage (3/10.07). SIGNED 4/4/07 SB Permit must be received from DNR to collect any wildlife, eggs, or nesting material for scientific purposes. Fee to be set for each application. In effect 90 days from passage (2/27/07). SIGNED 3/13/07 SB Auditor to accept electronic requisitions from Marshall and WVU in an unaltered format approved by Auditor. Auditor may accept same from all other entities. In effect 90 days from passage (3/10/07). SIGNED 4/4/07 SB Expands the types of investments that may be made of state funds held by the Investment Managing Board. In effect 90 days from passage (3/10/07). SIGNED 4/3/07 SB Eliminates present Grievance Board and establishes new Board on July 1, 2007, consisting of two union representatives, two public employer representatives, and one citizen member. All present hearing examiners terminated. Three step grievance process put in place. Level 1 is a hearing or conference with agency head or their designee. Grievant has choice as to whether it is hearing or conference. Level 2 is mediation or agreed to arbitration. Level 3 is the Grievance Board. Cap taken off attorney fees awarded to prevailing grievants in circuit court or Supreme Court. Backpay increased to up to 18 months prior to grievance being filed. In effect from passage. SIGNED 4/4/07 SB Changes Bureau of Employment Programs to Workforce West Virginia. Forms Workforce Investment Interagency Collaborative Team consisting of two members from each agency that receives workforce investment funding. In effect from passage. SIGNED 4/4/07 SB Court of Claims bill authorizing certain claims. Claims authorized against Corrections by WVU Medical Corp., WVU Physicians, and WVUH, Inc. In effect from passage. SIGNED 3/19/07 2-4

27 SB Workforce Investment Council to make annual reports on various items including success in linking PROMISE scholars to West Virginia employment. In effect 90 days from passage (3/06/07). SIGNED 4/3/07 SB Amends West Virginia Works Program. Establishes program providing participants funding for college courses. Participants attending college cannot be required to be employed more than 10 hours a week. DHHR to work with Commission and Council to develop plan to expend available funds. In effect 90 days from passage (3/10/07). SIGNED 4/3/07 SB Authorizes Commission Grant Program rule and Council s Workforce Development Initiative rule. In effect from passage. SIGNED 3/28/07 SB Creates Real Estate Division in Department of Administration. Higher ed exempted from provisions of the article. However, part of the article allows the executive director to enter into leases of state property for wireless towers and requires approval in writing from appropriate higher ed official if higher ed property leased. In effect July1, SIGNED 4/4/07 SB Authorizes Adjutant General to pay tuition for National Guard members to pursue master s degree. Grants tuition and fee waivers to Purple Heart or Medal of Honor recipients to the extent not covered by federal or state education benefits. Available for a maximum of 8 semesters. In effect July 1, SIGNED 4/3/07 SB Director of Division of Personnel to report by September 30, 2007, to Joint Committee on Government Organization on the costs and benefits of a centralized state personnel system and any other recommendations regarding personnel/human relations. In effect from passage. SIGNED 4/4/07 SB Creates the Electronic Telecommunication Open Infrastructure Act to inventory and map availability of broadband communications. Secretary of Administration to adopt rules relating to the reporting of existing technology infrastructure with every public body to complete a resources survey by October 1, Creates Joint Legislative Oversight Committee on Transportation and Infrastructure that annual report to be made to by Secretary. In effect from passage. VETOED 4/4/07 SB Authorizes electronic prescriptions. 2-5

28 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTIONS: RECOMMENDED RESOLUTION: STAFF MEMBER: Discussion of Salary Increases All Information Item Brian Noland BACKGROUND: During the 2007 session, the Legislature provided funds for institutions to offer salary increases to faculty and staff. However, there were no clarifications in the budget bill regarding the means through which higher education should allocate appropriations for salary increases. It is the recommendation of staff that all institutions be provided the latitude to follow their respective salary policies for faculty and classified employees. Specifications are as follows: Faculty - Institutions should allocate salary increases consistent with W. Va. Code 18B-8-3a, which requires that such increases be distributed "in accordance with a written institutional salary policy." For most institutions, the salary policy requires that 50 percent or more of faculty salary increases be based upon merit and at some institutions, such as West Virginia University, 100 percent of faculty salary increases are based upon merit. Classified Employees - Institutions should distribute funds specifically allocated for salary increases consistent with W. Va. Code 18B-9-4(b), which requires institutions to distribute staff salary increases "in accordance with the uniform classification system and a uniform and equitable salary policy adopted by each individual board of governors." Overview of institutional funding Each post-secondary institution received salary enhancements between $600 (for employees with salaries of $17,143) and $1,200 (for employees with salaries of $34,286 or more) per employee funded out of appropriated institutional revenue accounts in February Please note that the Legislature did not provide funding for positions that were vacant on that date. Additionally, each institution received an additional 20 percent above this amount to cover associated benefit costs. It should be noted that institutions did not receive sufficient state appropriations to fully fund an across-the-board 3.5 percent salary increase for all employees funded from appropriated revenue accounts, nor did institutions receive funding for salary increases and benefit costs for employees funded from non-appropriated revenue accounts. 3-1

29 Recommended procedures for salary allocations It is the staff recommendation that all of the aforementioned funds be utilized for salaries and benefits, not for other activities. Additionally, institutions should follow their statutorily-mandated salary policies for faculty and classified employees in the allocation of such funds. Neither the budget bill, nor other legislation, contains language providing institutions discretion to allocate funds in another manner. Recognizing that the State provided significant, but certainly not full, funding for salary increases and that some institutions are working to close funding gaps for various classes of employees (e.g., faculty, classified employees, and non-classified employees), an average salary increase in the range of 3 percent to 5 percent for each of the major classifications of employees would certainly be reasonable. Implementation timeframe It is the position of the Commission staff that all institutions implement salary increases on a consistent date, and a consensus has developed that such increases should be provided on October 1, This timeframe will provide latitude for institutions to generate funds in other accounts from which employees are funded (e.g., tuition and fees; gifts, grants and contracts; and auxiliary enterprises) before raises are actuated. Institutional exceptions There are two exceptional issues that may present difficulties for certain institutions: (1) a statutory provision that restricts salary increases for certain classified employees at institutions where the 2001 salary schedule has been fully funded; and (2) the expected reduction in Title III-B funding. Commission staff will work with impacted institutions on a case-by-case basis to address these issues. 3-2

30 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTIONS: STAFF MEMBER: 2007A Revenue Refunding Bonds Information Item Richard Donovan BACKGROUND: Working with Citigroup, Crews & Associates and Ferris Baker Watts, the underwriters, Spilman Thomas & Battle, counsel for the Commission, and Lewis, Glasser, Casey & Rollins, counsel for the underwriters, staff recently concluded the refunding of the following bond issues: 1997A University System Bonds sold for the purpose of renovating buildings and construction of an addition to the Fine and Performing Arts Center at Marshall University; 1997A State College System Bonds sold for construction of the Clarksburg Center and a Campus Fiber Optic Network at Fairmont State University, two new elevators, a personnel lift and roof replacements at Glenville State College and a new Academic Sports and Recreation Center at West Liberty State College; and 2000B University System Bonds sold to purchase a portion of the Marshall University Medical Center. The 2007A Revenue Refunding Bonds took advantage of market conditions that will provide annual savings totaling $1,813,792 on debt service payments until the bonds are paid off in Table 1 shows the total savings that will be realized by bond issue and institution. 4-1

31 4-2

32 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTION: RECOMMENDED RESOLUTION: STAFF MEMBER: Approve the Ten-Year Facilities Master Plan West Virginia University Resolved, That the West Virginia Higher Education Policy Commission approves West Virginia University s update of its Ten-Year Facilities Master Plan and Five-Year Implementation Plan pursuant to Series 12, the Commission s Rule for Capital Project Management. Richard Donovan BACKGROUND: West Virginia University has followed the campus development planning process outlined in Series 12, the Commission s Procedural Rule for Capital Project Management, which requires each institution to update its campus plan every ten years. The last Ten-Year Master Plan was completed in 1996 for the Morgantown campuses and this updated plan centers on the WVU Main Campus. The following strategic objectives were established for this update of the campus master plan: (1) directly support the implementation of West Virginia University s 2010 Plan, Building the Foundation for Academic Excellence; (2) focus on the implementation of projects within the first five years of the plan, with conceptual planning for those projects further out; (3) propose projects that are realistic and financially viable in the time frame of the plan; and (4) propose projects that consider the following concepts during the developmental stages: Respond to capital priorities using a phased approach Improve vehicular and pedestrian separation Reinforce pedestrian circulation Provide opportunities for integration with other developmental opportunities in the area Use buildings to define edges of key spaces Review against sustainability guidelines A draft of the WVU Ten-Year Facilities Master Plan was presented to the West Virginia University Board of Governors both in the Consent Agenda and in a presentation by Provost Gerald Lang and Vice President Narvel Weese at the November 10, 2006 meeting. The Plan was then shared with: 5-1

33 WVU Deans Council WVU Faculty Senate Executive Committee WVU Classified Staff Council Leadership of the WVU Student Government Association Morgantown City Mayor, Planner, and Manager A comment period was held from mid-november to December 31, Comments received were reviewed by the WVU Capital Planning Committee and incorporated into the final document as appropriate. The Master Plan was then granted final approval by the West Virginia University Board of Governors at their meeting on February 9, The West Virginia University Ten-Year Master Plan 2006 may be reviewed at this website address: 5-2

34 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTION: RECOMMENDED RESOLUTION: STAFF MEMBER: Approval of the Campus Master Plan Five-Year Update Report and second Five-Year Implementation Plan Concord University Resolved, That the West Virginia Higher Education Policy Commission approves Concord University s five-year Campus Master Plan Update Report and the second five-year Implementation Plan as provided in Series 12, the Commission s Rule on Capital Project Management. Richard Donovan BACKGROUND: In March 2002, the West Virginia Higher Education Policy Commission approved Concord University s Ten-Year Campus Master Plan and its first Five-Year Capital Implementation Plan. As the end of the first five years ( ) of the Master Plan arrives, Concord University is submitting this status report of its accomplishments and an update to its second Five-Year Campus Implementation Plan ( ). The Board of Governors received the report in February 2007, and approved the updated Implementation Plan ( ). FIRST FIVE-YEAR CAMPUS IMPLEMENTATION PLAN REPORT ( ): Project Status Cost Renovation and Conversion of White Hall into the In Progress (Near Rahall Technology Center Completion) $11,302,793 College Courts Housing Units Converted Into Parking Area Partial Completion 180,843 Campus Electrical Upgrade Completed 327,070 Swimming Pool Renovation Completed 153,188 Track and Field Renovation Completed 682,421 Carter Hall Renovation Completed 327,326 Twin Towers Landscaping, Parking, Paving (ADA) Completed 80,585 ADA Accommodation Near Completion 430,776 Science Bldg. Roof and Window Replacement Completed 277,417 HVAC Marsh Hall Completed 300,000 TOTAL COSTS $14,062,

35 First Five-Year Campus Implementation Plan ( ) Descriptions: Renovation and Conversion of White Hall into the Rahall Technology Center: A new eleven million dollar, multi-purpose, E&G technology facility is under construction on the site of the former White Hall. It is expected to open in the spring of College Court Housing Units Converted into Parking Area: The College Courts apartment complex consisted of twelve, 4-unit, single story, masonry buildings built in the late 1950 s and early 1960 s. In the summer and fall of 2006, ten of the twelve units were razed and the land was graded for additional campus parking. The remaining two units were to be left intact for two years to allow existing residents time to relocate. The graded parking area should be graveled and paved by the summer of Student Center Elevator upgrade for ADA compliance was completed. Campus Electrical Upgrade: A major upgrade of electrical service capacity and replacement of degraded service lines was completed in conjunction with construction of the Rahall Technology Center. Swimming Pool Renovation: A swimming pool bed liner eliminated swimming pool leaks and the failed pump system was upgraded. Track and Field Renovation: The track surface was repaired and the field resurfaced with donor funding. Carter Hall Renovation: Concrete walk ways and exterior stairways were replaced as ADA accommodations were made. Landscaping in front of Twin Towers: Steps were removed from the approaches to the Twin Towers dorms and a ramp was incorporated to allow ADA access down remaining stairs. Parking and paving was reoriented for ADA parking and security bollards were installed. ADA Accommodation: Campus wide ADA access was improved with new sidewalks, automatic door openers and handicapped bathroom accommodations. Science Building Roof and Window Replacement: Ninety percent of the very old leaking single pane windows were replaced in the science building with efficient thermal windows and the roof was replaced as required due to its age and condition. HVAC Marsh Hall: The chillers, air handlers, drive pumps and the leaking parts of the system s plumbing were repaired or replaced to prevent mold. 6-2

36 SECOND FIVE-YEAR CAMPUS IMPLEMENTATION PLAN REQUEST ( ): Project Estimated Cost College Courts Parking Lot Completion $200,000 Campus Roof Replacements $150,000 The President s Residence Renovation $60,000 to $80,000 Green Plan for Energy Conservation-E&G $4,000,000 to $5,000,000 Marsh and Science Hall Floor Renovation $150,000 Towers Sprinkler System $1,000,000 to $2,000,000 Sarvay Hall Renovation $4,000,000 State Room Renovation $35,000 HVAC Air Handler Renovation Student Center $125,000 Press Box Operation Center $750,000 Carter Center Gym I Renovation $100,000 Chapel/Alumni Center/Museum $3,000,000 TOTAL COST $15,590,000 Second Five-Year Campus Implementation Plan Request ( ): College Courts Parking Lot Completion: Completion of paving for the parking lot is scheduled for summer Student housing will be located on the periphery if funds become available. Campus Roof Replacements: Replacing aged and leaking roofs should be continued with the Marsh Administration Building roof. The President s Residence Renovation: The residence requires renovation to maintain and protect the structure. Green Plan for Energy Conservation-E&G: The University may enter into a capital lease and performance contract to update plant facilities that are not energy efficient. Marsh and Science Hall Floor Renovation: The floor and sub-floor require replacement to prevent ground moisture from displacing floor tile. Towers Sprinkler System: This fire/safety mandate is scheduled for completion in August Sarvay Hall Renovation: A dormitory built in 1940, Sarvay Hall is energy inefficient and in need of heating and plumbing systems upgrades. The building is structurally sound but suffering from deterioration of interior walls, floors, bathrooms and ceilings. The outdated interior design is inefficient in terms of capacity and desirability. Interior renovation of Sarvay Hall will be undertaken if and when sufficient housing funds are available. 6-3

37 State Room Renovation: This renovation project is scheduled for completion in 2007 at a limited expense of $25,000 to $40,000. HVAC Air Handler Renovation: The Student Center air handler is in need of renovation. Football Field Press Box: External funding will be used to replace a seriously degraded facility and to add ADA access and an operation center. Carter Center Gym Renovation: The roof will be replaced and floor repaired as funding permits. Chapel/Alumni Center/Museum: The facility will be located on the extreme right corner of the front campus property where the campus road made a sharp turn. This location is currently serving as a temporary parking strip. The project is being funded in large part with donations. 6-4

38 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTION: COMMITTEE: RECOMMENDED RESOLUTION: STAFF MEMBER: Approval of the Compact Update from West Virginia State University West Virginia State University Academic Policy Committee Resolved, That the West Virginia Higher Education Policy Commission approves the update of the institutional compact submitted by West Virginia State University for The Commission also directs West Virginia State University to submit a report by April 30, 2008 that addresses progress in implementation of the measures to improve student retention rates and baccalaureate graduation rates. Bruce Flack BACKGROUND: The West Virginia Higher Education Policy Commission at its meeting on February 2, 2007 deferred action on approval of the West Virginia State University compact update, pending submission of a report by the university on steps that it would take to address problems of excessively low retention and graduation rates. The report, which has been submitted by West Virginia State University and distributed to members of the Higher Education Policy Commission, outlines a series of measures the institution will undertake to improve student persistence and baccalaureate graduation rates. Among these steps are: Measures to Improve Graduation Rates: Raise the University admission requirements Revise the general education program Revise the freshman advising program Create a required first-year experience course (University Learning Skills) Measures to Increase Retention Rates: Improve facilities to create a more conducive learning environment 7-1

39 Monitor and address issues for stop out students Increase the availability of campus housing Expand student awareness of learning assistance programs Based on the measures set forth in the West Virginia State University report, the staff recommends approval of the institutional compact update for The staff assessment and recommendation is on the following page. 7-2

40 West Virginia State University (4-Year) Academic Year Updated Institutional Compact Review Positive Indicators Headcount enrollment (3,457) increased 4%; reversing a two year decline. [Indicator 1] Annualized FTE enrollment (2,734) increased for the second year. [Indicator 2] Baccalaureate degree production increased from 438 to 473 over the previous year. Undergraduate degrees in math and science experienced a slight increase. Both these gains result in West Virginia State University approaching institutional goals. [Indicator 5] The percentage of faculty with appropriate terminal degrees remained constant at 69% and remains above the state goal of 67%. [Indicator 7] External funding increased from $18.6 million to $21.7 million. Research funding also showed a slight increase. [Indicator 9] The institution received an unqualified audit opinion on the annual financial audit with no material comments in the auditor management letter. [Indicator 10] Audited financial statements were completed on a timely basis. [Indicator 11] Challenges The retention rate (53%) decreased for the third year and is significantly below the state goal of 74%. [Indicator 3] The graduation rate decreased from 24% to 18% (adjusts to 23% when including transfer students). This represents the second consecutive year of a decrease. [Indicator 4] Licensure pass rates decreased (92% to 84%), but are near the state goal of 90%. [Indicator 6] The percentage of students successfully completing developmental courses decreased for the second year (from 58% to 56%). The state goal is 75%. [Indicator 8] The institution is below goal to establish non-resident tuition and fees at a level equal to or exceeding cost of education. [Indicator 12] Summary / Recommendations (Revised, April 2007) Recommend approval of the update to the institutional compact. The report submitted by West Virginia State University on measures that the university will undertake to address low retention and graduation rates satisfactorily addresses the staff concerns expressed in the December 2006 assessment of the West Virginia State University compact update. 7-3

41 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTIONS: COMMITTEE: RECOMMENDED RESOLUTION: STAFF MEMBER: Approval of Series 7, PROMISE Scholarship Program (Revised) All Academic Policy Committee Resolved, That the West Virginia Higher Education Policy Commission approves Series 7, PROMISE Scholarship Program as revised. Dennis Taylor BACKGROUND: The West Virginia Higher Education Policy Commission at its February 2, 2007, meeting approved revisions to Series 7, PROMISE Scholarship Program, for dissemination for the thirty-day comment period. No comments were received during that period; therefore, staff recommends adoption of the final rule as proposed. A copy of the final rule is attached on the following pages. 8-1

42 TITLE 133 LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION SERIES 7 TITLE: WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE (PROMISE) SCHOLARSHIP PROGRAM SECTION 1: GENERAL 1.1. Scope This rule establishes guidelines and procedures for establishing eligibility for the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence Program, hereinafter referred to as PROMISE Authority West Virginia Code 18C Filing Date 1.4. Effective Date 1.5. Repeals and replaces Title 133, Series 7, dated April 9, 2002 SECTION 2: ELIGIBILITY OF HIGH SCHOOL GRADUATES FOR INITIAL AWARD 2.1. To be eligible for consideration for an initial PROMISE Scholarship, a high school applicant must be eligible for the award at the time of application and at the time the award is received; and Must complete high school graduation requirements; and Must complete at least one half of the credits required for high school graduation through attendance at a public or private high school in this state, unless he or she was a military dependent under Section 6 of this rule, or commuted to an out-of-state school pursuant to Section 7 of this rule; and Must apply within two years of graduation from high school unless the applicant entered the United States armed services pursuant to Section 5 of this rule; and Must, while enrolled in high school, have attained a cumulative grade 8-2

43 point average of at least 3.0 on a 4.0 scale in both the core courses and overall coursework required for graduation by the State Board of Education; and Must meet other criteria established by the PROMISE Board, including required scores on national standardized test; Minimum scores on the ACT including a composite score of 22 with sub-scores of 20 in English, math, science and reading; or Minimum scores on the SAT including a combined score of 1020 in critical reading and math, with minimum sub-scores of 490 in critical reading and 480 in math; and Must have resided in West Virginia continuously for a minimum of twelve months immediately preceding the final date of application for a PROMISE Scholarship unless a military dependent pursuant to Section 6 of this rule or a member of the Armed Services pursuant to Section 5 of this rule; and Must submit both the Free Application for Federal Student Aid and any application form required by the PROMISE Board by March 1 or other deadline established by the Board; however: Any student who misses the deadline for application in the spring of any year for a fall award may apply in the fall for spring enrollment and may then be eligible for a spring award if he or she meets the fall deadline. A student missing the spring deadline may enroll in the fall semester at his or her own cost. This option is contingent upon the availability of funding for the PROMISE program The grade point average required in Section will be determined by the appropriate school official at the end of the seventh high school semester. However, the final calculation of the grade point average and eligibility for the award may be determined as late as after the eighth semester Weighted grades may be used in the computation of a student s core and overall grade point average A student who applied for and was deemed eligible for a PROMISE award but enrolled as a first-time freshman at an institution not set out as an eligible institution by Section 8 of this rule may, if the student completed only one semester or less at that institution, enroll at an eligible institution and retain eligibility for the PROMISE award. 8-3

44 SECTION 3: ELIGIBILITY FOR A GED RECIPIENT 3.1. A person who has earned a GED is eligible for a PROMISE award but only if he or she has passed the GED examination, with a minimum score of 2500 as determined by the PROMISE Board. Eligibility must occur within two years of the date the student s high school class would normally have graduated and apply within that two-year period for a PROMISE award and meet all other criteria established by the PROMISE Board, including required scores on national standardized tests as stated in section The applicant must meet the residency requirements set out in Section of this rule. SECTION 4: ELIGIBILITY FOR THE HOME-SCHOOLED 4.1. A person who has been home-schooled pursuant to the exemption allowed by W.Va. Code is eligible for a PROMISE award, but only if he or she has passed the GED examination with a minimum score as determined by the PROMISE Board, set out in section 3.1, within two years of the completion of the home-schooling, but not later than twenty years of age The home-schooled student must apply for a PROMISE award within two years of attaining the GED and meet all other criteria established by the PROMISE Board, including required scores on national standardized tests The applicant must meet the residency requirements set out in Section of this rule. SECTION 5: ELIGIBILITY OF MEMBERS OF ARMED SERVICES 5.1. A person who entered full-time, active duty with the United States armed services within two years of his or her high school graduation is eligible to apply for a PROMISE award within seven years of the time he or she has initially entered military service. However, this eligibility ends one year after discharge from such military service. 5.2 The applicant must meet all other criteria established by the PROMISE Board for eligible high school graduates at the time of the application, including high school grade point average and required scores on national standardized tests The applicant must meet the residency requirements set out in Section 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. 8-4

45 5.4 A student attending a United States military academy is only eligible for a PROMISE award if he or she leaves the military academy and meets the requirements of Section 2.4 of this award. SECTION 6: ELIGIBILITY OF MILITARY DEPENDENTS 6.1. The credit hour requirements in Section and the residency requirements of Section of this rule shall be waived if: The applicant resided and attended high school in another state or a United States territory, United States possession or foreign country; and Resided with his or her parent or legal guardian; and The applicant s parent or legal guardian served in the United States armed forces while the student attended high school in such state, territory, possession or country; and The parent or legal guardian was stationed for military purposes in such state, territory, possession or country; and The parent or legal guardian maintained legal residence in West Virginia while stationed in such state, territory, possession or country. SECTION 7: ELIGIBILITY OF COMMUTING STUDENTS 7.1. The credit hour requirements in Section of this rule shall be waived if: The applicant resided in West Virginia while attending high school in another state; and Resided with his or her parent or legal guardian; and The parent or legal guardian had been a resident of this state for at least two years immediately preceding the student s attendance at the out-ofstate school; and The student commuted from this state on a daily basis; and The student was a dependent of the parent or legal guardian with whom the student resided; and A dependent student is one who is required to provide parental information on the Free Application for Federal Student Aid because the 8-5

46 student does not meet the criteria to be classified an independent student contained in the Higher Education Act of 1965 as amended and implementing regulations The student has not established domicile in another state; and The school to which the student commuted was fully accredited to a degree acceptable to West Virginia s State Superintendent of Schools; and The school s curriculum requirements for graduation are equivalent, or sufficiently similar to, those required for high school graduation in this state. SECTION 8: ELIGIBLE INSTITUTIONS 8.1. Only those institutions specified in W. Va. Code 18C-7-3, or any other regionally accredited, not-for-profit institution in this state approved by the PROMISE Board, are eligible to participate in the PROMISE Scholarship program. SECTION 9: AWARDS 9.1. The PROMISE award for a student enrolled in a state institution of higher education shall be equal to the actual tuition and mandatory fee charges for resident students at the institution Tuition and mandatory fees means the quarter, semester or term charges imposed by a state institution of higher education upon all students as a required condition of enrollment For purposes of this rule, West Virginia University s undergraduate health sciences students shall be treated as paying the same amount of tuition and mandatory fees as all other West Virginia University undergraduate students Students enrolled in other eligible institutions shall receive an award based upon the average undergraduate tuition and mandatory fees at comparable state institutions of higher education for the previous year as determined by the PROMISE Board Awards will not be made for summer school Only full-time, first-year students may receive initial awards. Students already enrolled at a higher education institution are not eligible to apply for a PROMISE award except as outlined in Section

47 SECTION 10: ELIGIBILITY FOR RENEWAL OF AWARDS For a student to retain or have the PROMISE award renewed each year the student must be continuously enrolled as a full-time student; and Maintain at least a 2.75 grade point average on a 4.0 scale the first year and a 3.0 cumulative grade point average in subsequent years; and Complete and earn a minimum of 30 credit hours in each 12 month period A student seeking an associate degree is eligible to receive a PROMISE award for no more than four semesters of a two year degree program If a student seeking an associate degree cannot complete the two year program within four semesters but wishes to complete it during a third year and then pursue a baccalaureate degree, the student may fund the third year him or her self. The student would then be eligible for four additional semesters of PROMISE awards to enroll in and complete the four year baccalaureate degree program Students funding the third year themselves do not need to maintain fulltime status during this third year The student must maintain the 3.0 cumulative grade point average to receive a PROMISE award for the baccalaureate program A student seeking a baccalaureate degree is eligible to receive a PROMISE award for no more than eight semesters of a four year degree program If a student enrolls in summer school to attain the minimum 30 credit hours required by Section 10.3, they shall not receive a PROMISE award for that summer school enrollment. The summer school credits may be obtained from an out-of-state institution with approval of the home institution In determining the acceptance of grade point averages, institutional policy will govern which course grades will be accepted and counted towards the cumulative GPA for PROMISE eligibility The requirement of continuous enrollment may be waived by the institution of higher education or by the Executive Director of the PROMISE Board for a student with a medical leave of absence, or who has been called to active military service, or has demonstrated a compelling reason requiring a leave of absence. Waivers will not be granted for merely personal leaves of absence related to such purposes as travel, competition, vacations, or volunteerism, however, with prior written approval of the institution or Executive Director, waivers may be granted 8-7

48 for internships, study abroad, or other programs directly related to the student s degree program. SECTION 11: DUTY OF PROMISE RECIPIENT GRADUATES By accepting a PROMISE award, the recipient agrees to provide the PROMISE Board information the Board may request regarding the recipient s address after graduation, employment after graduation, whether the recipient is enrolled in post-graduate programs and where, and such other relevant information as the Board may deem necessary to assess the effectiveness of the PROMISE Scholarship program. SECTION 12: COMMUNITY SERVICE FOR APPLICANTS Applicants for PROMISE awards are strongly urged to perform at least 20 hours of unpaid community service while in high school. The community service may include, but is not limited to, participation with non-profit, governmental or community-based organizations designed to: improve the quality of life for community residents, meet the needs of community residents, or foster civic responsibility. SECTION 13: COORDINATION WITH OTHER FINANCIAL AID PROMISE Scholarship awards shall be coordinated with other financial aid/grant programs in the following manner: PROMISE awards must be utilized in a manner that maximizes federal scholarship/grant funding (e.g. Pell Grant) and should not be administered in a manner that would result in the loss of federal grant/scholarship funds to a student or to the State of West Virginia PROMISE scholarship awards must be used for tuition and fees; Institutions are strongly encouraged to allow maximum flexibility in the use of institution based financial awards so that they can be used in conjunction with the PROMISE award For those students eligible for both a PROMISE award and a need-based grant through the West Virginia Higher Education Grant program, PROMISE Scholarship funds shall be considered the first source of scholarship/grant funding. Higher Education Grants may be combined with PROMISE awards The amount of a PROMISE award in combination with aid from all other sources 8-8

49 shall not exceed the cost of the attendance at the institution the recipient is attending. This restriction does not apply to those members of the West Virginia National Guard, recipients of an Underwood-Smith Teacher Scholarship, and recipients of a West Virginia Engineering, Science and Technology Scholarship 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 is to be reduced. This adjustment should be to the best advantage of the recipient. SECTION 14: APPEALS An applicant for an initial PROMISE Scholarship award may appeal the denial of eligibility for the award with the person or persons designated by the executive director to hear first-level appeals Any appeal must be filed within ten (10) days of the applicant receiving notice that he or she is not eligible for an initial award. The appeal must detail in writing, and with specificity, the grounds supporting the appeal and a finding of eligibility. The designee hearing the appeal may require additional evidence or materials from the applicant or any other individual is submitted If the appeal is denied by the designee hearing first-level appeals, the reasons for the denial shall be communicated in writing to the applicant with an explanation of the reason for the denial An applicant may appeal the denial of an appeal to a review committee Any appeal to the review committee must be filed within fifteen (15) days of notification to the applicant that his or her initial appeal was denied. The appeal must be in writing and detail, with specificity, the grounds for the appeal. The review committee may require additional evidence or materials be submitted. If the review committee denies the appeal, the reasons for the denial shall be communicated in writing to the applicant with an explanation of the reason for the denial A student granted an initial PROMISE Scholarship may appeal a non-renewal of the award. Any such appeal must be filed within fifteen (15) days of notification to the student that he or she is not eligible for renewal of the award. The appeal is to be filed with the person designated at the institution of higher education where the student is enrolled. The appeal process at the institution shall be governed by an established procedure designated by the institution If the appeal of the non-renewal is denied by the institution, the student may appeal that decision to the review committee of the PROMISE Board. The appeal must be filed within fifteen (15) days of notification to the student of denial of the 8-9

50 institutional appeal and shall be heard in the same manner as appeals of denials of initial awards If a student with a PROMISE Scholarship is not eligible for renewal of the award because of failure to maintain academic progress, they may not utilize the procedure set out herein to challenge any grade assigned them. Challenges to grades must be brought under established institutional procedures for grade appeals. The process set out above may only be utilized to challenge the application of the eligibility requirements to the grade or grades assigned. If a student is successful on a grade appeal, and the changing of the grade makes him or her eligible once again for renewal, he or she may petition the PROMISE Board for a renewal of the award retroactively. SECTION 15: REPORTS 15.1 The PROMISE Board shall report findings about recipients of the scholarships each year to the Joint Standing Committee on Education. Such reports will include the following: Information on the recipients demographics including race, income and other variables gathered by the PROMISE Board Information on students who graduate from college in West Virginia having utilized the PROMISE Scholarship as indicated in section 11.1 of this rule. 8-10

51 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: Approval of Series 23, Standards and Procedures for Undergraduate Admissions (Revised) INSTITUTIONS: COMMITTEE: RECOMMENDED RESOLUTION: STAFF MEMBER: All Academic Policy Committee Resolved, That the West Virginia Higher Education Policy Commission approves Series 23, Standards and Procedures for Undergraduate Admissions as revised. Bruce Flack BACKGROUND: The West Virginia Higher Education Policy Commission at its February 2, 2007 meeting approved revisions to Series 23, Standards and Procedures for Undergraduate Admissions for dissemination for the thirty-day comment period. The only comment received was the unanimous recommendation of the Academic Affairs Advisory Committee (chief academic officers) to strike the final sentence in Section 3.3 that would require students to submit ACT and SAT I writing scores for purposes of securing undergraduate admission. The rationale for the change, which is included in the proposed rule revision, is that satisfactory completion of the writing segment is an appropriate consideration for freshman placement in English courses (Series 21, Freshman Placement and Placement Standards), but not for a policy on baccalaureate admission. All other revisions proposed for Series 23 at the February 2 Higher Education Policy Commission meeting remain unchanged. Series 23, Standards and Procedures for Undergraduate Admissions, as revised, makes several modifications to the undergraduate admission standards. An explanation of changes in the revised rule and the rationale for the proposed changes follows: The West Virginia Higher Education Policy Commission rule on baccalaureate admission standards, Series 23, Standards and Procedures for Undergraduate Admission, establishes more rigorous minimum standards for baccalaureate admission beginning with the fall 2008 semester. The most significant of the 2008 modifications are (1) an increased standard for high school GPA and ACT or SAT I standardized test scores and (2) imposition of more rigorous college preparatory curricular requirements. Those changes, as currently delineated in Series 23, will significantly limit the number of entering college students, many of whom have the academic qualifications likely to ensure success in college. To address these issues and at the same time maintain the integrity of the

52 standards, several modifications in the rule are proposed. The major change proposed is the addition of a new category for regular admission to the state s colleges and universities. This category would provide that student applicants who have a cumulative 3.0 high school GPA, regardless of composite ACT or SAT I scores, are eligible for regular admission. The other proposed rule changes are designed to phase in the new standards and to prevent unintended consequences of denying admission to academically qualified students. The significant modifications are: Section 3.2. Two-year programs at four-year institutions. This section deletes reference to Potomac State College, now a division of West Virginia University. It adds a statement that standards for admission into certificate and associate programs must be as rigorous as those at community and technical colleges. Section 3.3. New option for minimum standards for regular admission. The current minimum standard for regular baccalaureate admission, effective fall 2008, is a 2.0 high school GPA and 18 ACT composite score at the four-year institutions and a 2.0 high school GPA and 19 ACT composite score at Marshall University and West Virginia University. A proposed new option is to add a provision that students who have a cumulative 3.0 high school GPA are eligible for regular admission, regardless of composite ACT or SAT I scores. Rationale: Since student academic performance in high school as represented in the high school GPA is widely recognized as a primary indicator of how a student will perform in college, it is common practice in American higher education to give extra weight to high GPAs in the admission decision. Enrollment data show that students with a high school GPA of at least 3.0 have a reasonably good chance of success in college. This additional option would give a state college or university greater flexibility in the baccalaureate admission process. Section 3.3. Scores on the ACT and SAT I writing segments to be used for undergraduate placement. Satisfactory performance on the ACT and SAT I writing segments is essential for placement in the first credit course in English (HEPC Series 21, Freshman Assessment and Placement Standards), but would not be a consideration for admission to an institution. The proposed change is to strike the reference to ACT and SAT I writing segments for purpose of baccalaureate admission. Rationale: The ACT writing segment, regarded as an optional segment by the ACT organization, is not factored into the ACT composite score. Since ACT and SAT I composite scores have always been the basis for the baccalaureate admission decision rather than segments of the ACT or SAT I exams, it is more appropriate to limit utilization of scores on the writing segments to actions on undergraduate placement in English. The HEPC rule on undergraduate placement, Series 21, will need to be revised to include the ACT and SAT I writing segments in determining freshman placement. 9-2

53 Section Limits on conditional admission. Currently, there are no limits in Series 23 on the use of conditional admissions. The proposal is to limit the use of conditional admissions to no more than fifteen percent of entering students effective with the fall 2010 semester. Beginning in 2011 and thereafter the limit on conditional admission would lower to ten percent. Rationale: Admissions offices are aware that the granting of conditional admission is sometimes warranted. Awarding of conditional admission should result only from case by case review and should not be done indiscriminately. It is appropriate to place a limit on the use of conditional admission, particularly through phased application of the proposed new standard. Section Science units. The requirements on completion of regular high school science units have been changed to provide that laboratory science courses must be college preparatory, preferably in biology, chemistry and physics. This modification would be supportive of impending changes in West Virginia high school science requirements in the Professional Pathways, which by 2012 will emphasize completion of units in biology and chemistry. Sections a. and c. Waivers of curricular requirements. Beginning with the fall 2008 semester and until the fall 2010 semester, the five percent limit on curriculum waivers for resident students shall be lifted to allow for a study of the impact of the effect of the 2008 college preparatory curriculum requirements on otherwise academically qualified resident students who seek admission to West Virginia public colleges and universities. No later than December 2009, the Higher Education Policy Commission shall establish an appropriate limit on the percentage of college preparatory curricular waivers allowed, effective with the fall 2010 semester. Rationale: The suspension of the waiver limitation will permit (1) West Virginia high schools to deliver more fully the necessary courses required for regular admission and (2) enable a more orderly and non-punitive transition for qualified West Virginia high school students to the state s colleges and universities. To compensate for curricular deficiencies, the revised policy would require both resident and non-resident students who are granted waivers to complete commensurate college coursework in the deficiency area(s) no later than the academic term in which sixty hours are accumulated. Section 3.4. Transfer students. This section of the revised policy provides that students who transfer to a baccalaureate institution and have completed less than twenty-six (26) transferable semester credit hours must meet the basic admission standards outlined in Series

54 TITLE 133 PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION SERIES 23 STANDARDS AND PROCEDURES FOR UNDERGRADUATE ADMISSIONS AT FOUR-YEAR COLLEGES AND UNIVERSITIES GENERAL 1.1 Scope -This rule establishes standards and procedures for undergraduate institutional admissions policies at four-year colleges and universities. 1.2 Authority - West Virginia Code ' 18B-1-1A; 18B Filing Date - February 2, Effective Date - April 1, Repeal of Former Rule - Repeals and replaces Title 133, Series 23 which had an effective date of August 10, 2002 April 1, STATEMENT OF PRINCIPLES 2.1 It is the intent of the Higher Education Policy Commission that West Virginia residents shall have access to higher educational opportunities commensurate with their interests and abilities. Working toward this end, the commission continues to encourage the development of academic programs and flexible time-space options which allow citizens throughout West Virginia to develop to the fullest their capabilities for work and fulfillment of life. It is further the intent of the Commission that admissions policies at the four-year state-supported institutions of higher education should 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 specific institutional admissions policies and practices are to be developed. 9-4

55 BASIC ADMISSIONS STANDARDS 3.1 As a means of ensuring a reasonable chance of success in the educational programs for which students seek admission and of making the most productive use of federal, state and community resources, institutional admissions policies shall incorporate the following basic standards. 3.2 This rule applies to undergraduate admissions at West Virginia public fouryear colleges and universities, regardless of program level. The standards in this rule also apply to students who enroll in baccalaureatelevel programs at state higher education institutions where missions are primarily the offering of associate-level degrees (Admissions standards at Potomac State College of West Virginia University will be at least as rigorous as those at the community and technical colleges). Standards for students enrolled in associate degree or one-year certificate programs, regardless of institutional classification, shall be at least as rigorous as those at the community and technical colleges. 3.3 Degree Programs at Four-Year Colleges and Universities. Students who meet General Educational Development (GED) requirements or have a high school diploma and overall grade-point average (GPA) of at least 2.0, or a composite score of at least 17 (3.0 GPA or 18 ACT composite score and a 2.0 GPA effective August 2008) on the ACT may be admitted on a regular admission basis to four-year colleges and universities which offer associate and bachelor's degree programs. For universities which grant doctoral degrees, the minimum high school GPA/standardized test score requirement for regular admission (effective August 2008) is a 3.0 high school GPA or a 19 ACT composite score and a high school 2.0 GPA. Students will normally be expected to sit for the ACT. However, in instances where students have taken the SAT I examination, these scores may be substituted for the ACT. SAT I scores will be converted to ACT equivalents by using an appropriate conversion chart authorized by the chancellor. These students will not be required to take the ACT at a later time. Beginning with the 2006 fall semester, students submitting ACT or SAT I scores for purposes of undergraduate admission must complete the writing assessment part of each exam Conditional admission may be granted in instances where GPA or ACT standards are not met and institutional officials have evidence that the student has the potential to successfully complete 9-5

56 college-level work. Students who do not meet the GPA or ACT standards, but who demonstrate the potential to complete an undergraduate program may be admitted provisionally conditionally with the following stipulations: If freshman placement standards require, developmental work must be completed prior to enrolling in the corresponding college-level courses Students must complete the provisions of their conditional admission within the first three semesters of enrollment Conditionally-admitted students must achieve a minimum of a 2.00 GPA in at least twelve graded hours When all admission standards have been met, conditional status will be removed and the student will become a regular admission student In order to facilitate an orderly transition to the higher ACT/GPA standards effective in 2008, institutions shall employ the conditional admission provisions in section of this rule. The use of these provisions must, however, be consistent with the recognition of the Commission s commitment to high academic standards as well as the need to afford students the opportunity to pursue a baccalaureate education. While there are no specific limits imposed on the number of students who may be admitted conditionally in 2008, beginning with the 2010 fall semester, no more than fifteen (15) percent of entering first-time students may be admitted conditionally. The percentage of students admitted conditionally shall not exceed ten (10) percent in fall 2011 and thereafter In addition to GPA and ACT requirements, students must successfully complete the following minimum academic core unit requirements (effective until August 2008) prior to admission: Required Units (Years) 4 English (including courses in grammar, composition, literature) 3 Social Studies (including U.S. History) 9-6

57 3 Mathematics (Algebra I and at least one higher unit) 3 Science (Two of the three units must be laboratory science. At least two units from Coordinated and Thematic Science 10, Biology, Chemistry, Physics and other courses with a strong laboratory science orientation) Strongly Recommended Units 2 Foreign Language Elective Units Remaining Units -- It is recommended that the remaining elective units be chosen from the academic core (English/language arts, mathematics, science, social studies) or subjects such as computer science, fine arts, humanities, and keyboarding Effective August 2008, students in addition to GPA and ACT requirements, must successfully complete the following minimum academic core unit requirements prior to admission: Required Units (Years) 2008 Standards 4 English (including courses in grammar, composition, and literature) 3 Social Studies (including U.S. History) 4 Mathematics (three units must be Algebra I and higher) 3 Science (all courses to be college preparatory laboratory science, preferably including units from biology, chemistry, and physics) 1 Arts 2 Foreign Language (Two units of the same foreign language) Institutions are authorized to employ the following exemptions to the above unit requirements: a All four-(4) year public higher education institutions have the discretionary authority to waive the college 9-7

58 preparatory curricular requirements for regular admission for not more than five (5) percent of resident freshman students who graduated from with a high school diploma within five (5) three (3) years of the date of enrollment (five percent (5%) based upon enrollment of resident first-time freshmen entering the institution in the fall term of the previous year). Beginning with the fall 2008 semester and until the fall 2010 semester, the five (5) percentage limit on curriculum waivers shall be lifted to allow for a study of the impact of the effect of the 2008 college preparatory curriculum requirements on otherwise academically qualified resident students who seek admission to West Virginia public colleges and universities. This suspension of the waiver limitation will permit (1) West Virginia high schools to deliver more fully the necessary courses required for regular admission and (2) enable a more orderly and nonpunitive transition for qualified West Virginia high school students to the state s colleges and universities. No later than December 2009, the Higher Education Policy Commission shall establish an appropriate limit on the percentage of college preparatory curricular waivers allowed, effective with the fall 2010 semester. Students admitted with a waiver under the provisions of this section must satisfy any of the curricular deficiencies through the successful completion of commensurate college coursework. Each student receiving a waiver under this provision must complete any commensurate coursework no later than the academic term in which s/he accumulates sixty hours of credits b Applicants for admission who have been out of high school for more than five (5) three (3) years or who meet institutionally-established GED requirements may be exempted from the specified high school curricular requirements at the discretion of the individual institution. 9-8

59 c Non-resident applicants for admission who graduate from high schools not requiring the minimum number of units for high school graduation listed in Section (effective August 2008) and non-resident applicants who have not completed the ACT writing assessment (effective August 2006) may be exempted from the resident curricular requirements at the discretion of the individual institution. Any nonresident student admitted under provisions of this rule who has not completed the high school curricular requirements delineated in section of this rule must complete any commensurate coursework no later than the academic term in which s/he accumulates sixty hours of credit The academic performance of students admitted under one (1) of the above exemptions or on a conditional basis must be evaluated at the conclusion of each semester. To continue, such students must be in good academic standing according to institutional standards as stated in the institutional catalog for regularly-admitted students. Neither regular nor conditional admission shall ensure the entry of applicants into specific programs. 3.4 Transfer Students. Students seeking transfer admission to a state college must be academically eligible to return to the institution from which they wish to transfer. Students seeking transfer admission or readmission to a community college or community college division must meet the institution's basic admission standards. Students attending community and technical colleges or community college divisions who are seeking to transfer into a four-(4) year program must meet the regular institutional criteria for transfer admission. Students with fewer than twenty-six (26) transferable semester credit hours must meet the basic admission standards outlined in this section Students under disciplinary sanction at a West Virginia public college or university at the time of the application for transfer admission are also subject to other applicable rules of the Higher Education Policy Commission. 3.5 Non-Degree Students. An institution may admit students on a non-degree basis. By definition, such students are not seeking and/or not eligible to pursue a certificate or degree at the institution. 9-9

60 3.6 It should be noted that the basic standards contained in this section are based upon current levels of funding. Should financial resources be limited, it may be necessary to establish additional standards and/or accept only those qualified students applying by a specified date INSTITUTIONAL ADMISSIONS PROCEDURES 4.1 High school transcripts are required to be on file for each incoming freshman who is registered in an undergraduate certificate or degree program and who has graduated from high school within five years. Such transcripts shall be on file with the institution prior to the end of the first semester of the student's attendance. 4.2 Students who desire to enroll on a degree-seeking basis at four-year state colleges and universities who do not meet the GED requirements or have a high school diploma and an overall grade point average of at least 2.0 must submit ACT or SAT I scores prior to admission. 4.3 In accordance with Section 3.3, students who substitute SAT I scores for ACT scores will not be required to take the ACT at a later time. 4.4 Degree-seeking state college students at four-year colleges or universities who do meet the GED or high school grade point average requirements must submit ACT or SAT I scores prior to their second semester of enrollment. 4.5 All students who have graduated from high school or completed GED requirements more than five years prior to seeking admission to a four-year college or university may have the requirement for ACT or SAT I scores waived at the discretion of the institution. 4.6 Transfer students must supply the institution with official transcripts reflecting all previous college work prior to admission. 4.7 In addition to the above, colleges may use, but shall not be limited to the use of, the following information in determining admission to institutions and/or institutional programs: Records of traditional academic performance relative to the specific educational program to which the student seeks entry Record of nontraditional learning experiences. 9-10

61 4.7.3 Standardized examinations relative to the requirements of the program to which the student seeks entry College equivalency examinations such as the College Level Examination Program (CLEP) and also, special preparatory programs such as the Advanced Placement Program of the College Entrance Examination Board and the International Baccalaureate Diploma Recommendations and reports of interviews. 4.8 Health and immunization records may be required after admission into the institution. Immunization records are to be submitted at the time of initial enrollment in accordance with the applicable rule of the Higher Education Policy Commission INSTITUTIONAL ADMISSIONS POLICIES 5.1 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. 5.2 All institutional admissions policies shall be submitted to the commission for evaluation in terms of their compatibility with stated commission policies, institutional goals and available educational programs and resources. Any amendments to admission policies shall be submitted to the commission prior to their actual implementation at the institutional level. 5.3 All institutional admissions policies shall be consistent with existing commission policies and applicable State and Federal regulations regarding nondiscrimination. 5.4 Subject to commission approval, 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. 9-11

62 IMPLEMENTATION DATE 6.1. The high school GPA and ACT/SAT I test score requirements in section 3.3 and the successful completion of high school unit requirements listed in section and related exemptions outlined in Section 3 shall be effective no later than the fall of The requirement for inclusion of the writing assessments in the ACT and SAT I exams for students submitting ACT or SAT I scores shall be effective with the fall 2006 semester. The effective date of all other provisions of this policy will be sixty (60) days after the date of filing with the West Virginia Secretary of State's Office. 9-12

63 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTIONS: COMMITTEE: RECOMMENDED RESOLUTION: STAFF MEMBER: Revision of Series 9, Academic Freedom, Professional Responsibility, Promotion, and Tenure All Academic Policy Committee Resolved, That the West Virginia Higher Education Policy Commission directs the staff to circulate the revised draft of Series 9, Academic Freedom, Professional Responsibility, Promotion, and Tenure, to appropriate groups and the Secretary of State s office for the thirty-day comment period. Bruce Flack BACKGROUND: Series 9, Academic Freedom, Professional Responsibility, Promotion, and Tenure, is the West Virginia Higher Education Policy Commission rule on faculty matters such as employment, promotion, and tenure. Under provisions of the rule, faculty at West Virginia public colleges and universities fall under the following employment classifications (Section 3.2): tenure, tenure-track, clinical-track, librarian-track, term, and non-tenure track. In recent years the institutions have experienced a growing need to employ faculty whose primary responsibility is teaching. These faculty would typically be persons who might not meet the traditional standards for tenure that include high expectations for both teaching and for research/scholarship. Under the present Series 9, faculty whose primary duty is teaching and who are not tenure-eligible can only be employed under the category of non-tenure track. Within this category they are employed as temporary faculty and their employment is normally restricted to six-years (Section ). A pattern that has developed in American higher education in the last decade is for the employment of a limited number of faculty who serve as term faculty and are employed outside the tenure track. The advantage of term faculty is that the term designation provides greater flexibility for the institution and for the faculty member. An institution may hire faculty for a specified term without restriction on renewal. The faculty member may accept an assignment with the realization that there will be no policy-based restriction on the length of employment. With enrollment growth in West Virginia higher 10-1

64 education, particularly at West Virginia University, mirroring national trends, the state s colleges and universities regard the employment of term faculty as a desirable policy option. Under the proposed revision, the universities and other four-year institutions may appoint instructional faculty for a specified term as defined by the institution. Such appointment may be full-time or part-time. While a full-time term faculty member is able to receive reappointment to additional terms, no single term may exceed three years. The holding of an appointment as a term faculty member does not create any presumption of a right to appointment as tenure-track or tenured faculty. Further, the number of full-time term appointments must not exceed ten percent of the total number of full-time faculty at the respective institution. A further recommended revision is to strike the current wording of of Series 9. The current language in this section provides for employment of term faculty at the community and technical colleges. Since the community and technical colleges no longer fall under HEPC Series 9 and are covered by a comparable rule of the Council for Community and Technical College Education, it is appropriate to delete this provision of the Higher Education Policy Commission rule. 10-2

65 TITLE 133 PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION SERIES 9 TITLE: ACADEMIC FREEDOM, PROFESSIONAL RESPONSIBILITY, PROMOTION, AND TENURE SECTION 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 Authority W. Va. Code ' 18B-1-6, 18B-1B-4, and 18B Filing Date December 10, Effective Date January 10, 2004 SECTION 2. ACADEMIC FREEDOM AND PROFESSIONAL RESPONSIBILITY 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 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 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 10-3

66 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 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. SECTION 3 FACULTY: RANKS AND DEFINITIONS 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 Faculty may fall into one of the following classifications: 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 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 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 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 10-4

67 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 Clinical-Track: Those faculty members who have been appointed and have been designated as being in a clinical-track position. Their appointment may be fulltime (1.00 FTE or the equivalent, as determined by the institution) or part-time 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 parttime Term: Those faculty members at community and technical colleges who have been appointed for a specified term as defined by the institution. The appointment may 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. 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 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 noninstructional, 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 Faculty appointed to tenured, tenure-track, or term positions at any institution shall be appointed in one of the following ranks: Professor; Associate Professor; Assistant Professor; or Instructor 3.4. Faculty appointed to clinical-track positions at any institution may be appointed to one of the following ranks: Professor, with the designation of School of Medicine (SM), School of Dentistry 10-5

68 (SD), or School of Nursing (SN); Associate Professor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN); Assistant Professor, with the designation of School of Medicine (SM), School of Dentistry (SD), or School of Nursing (SN); or 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: Librarian or Professor/Librarian; Associate Librarian or Associate Professor/Librarian; Assistant Librarian or Assistant Professor/Librarian; or 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 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 Other appropriate titles which more accurately indicate the nature of the position may be used 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 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 Non-tenure-track appointments shall have one of the following titles: Any of the faculty ranks, but designated visiting, research, clinical, extension, or adjunct, as applicable to describe the connection or function; Lecturer or senior lecturer; 10-6

69 Assistant, designated as graduate, research, clinical, or adjunct, as applicable to describe the connection or function 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: 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 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 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 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 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 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 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 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 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. SECTION 4. FACULTY: TYPES AND CONDITIONS OF APPOINTMENT 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 tenuretrack. 10-7

70 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 The appointment of a person to a full-time position at any institution is made subject to the following conditions: 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 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 Fees for professional patient related services rendered by fulltime 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 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 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 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. 10-8

71 4.4. If the status of a faculty member changes from Non-tenure-track, clinical-track, librariantrack, 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. SECTION 5. JOINT INSTITUTIONAL APPOINTMENTS 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 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 Full-time faculty members appointed under joint or contractual appointments shall continue to be considered full-time employees of the "home institution." SECTION 6. EMERITUS STATUS 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. SECTION 7. PROMOTION IN RANK 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: 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 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, 10-9

72 supervisory administrative personnel such as the department/division chairperson and the dean, and students There shall be no practice of granting promotion routinely or solely because of length of service, or of denying promotion capriciously 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 Promotion shall not be granted automatically, but shall result from action by the institution, following consultation with the appropriate academic units. SECTION 8. FACULTY RESIGNATIONS 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. SECTION 9. TENURE 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 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 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 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

73 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 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 Tenure may be granted at the time of the appointment by the institution, following consultation with appropriate academic units Tenure may be attained only by faculty who hold the rank of Assistant Professor or above 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. SECTION 10. TENURE-TRACK STATUS When a full-time faculty member is appointed on other than a clinical-track, librariantrack, term, or non-tenured-track or tenured basis, the appointment shall be tenure-track 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 The maximum period of tenure-track status normally shall not exceed seven years. Before completing the penultimate year (the Acritical 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 Institutions may establish policies to accommodate unusual situations, such policies to be approved by the Governing Board and reported to the Policy Commission 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 tenuretrack 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 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: By letter post-marked and mailed no later than December 15 of the second academic year of service; and 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

74 10.6 For those appointed after March 8, 2003, after the decision regarding retention or nonretention 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 postmarked and mailed no later than March Notice of non-retention shall be mailed Certified Mail-Return Receipt Requested 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 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 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. SECTION 11. FACULTY EVALUATION All faculty shall receive a yearly written evaluation of performance directly related to duties and responsibilities as defined by the institution 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. SECTION 12. DISMISSAL 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: Demonstrated incompetence or dishonesty in the performance of professional duties, including but not limited to academic misconduct; 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; Insubordination by refusal to abide by legitimate reasonable directions of administrators; 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; Substantial and manifest neglect of duty; and 10-12

75 Failure to return at the end of a leave of absence 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: Full and complete statements of the charge or charges relied upon; and A description of the appeal process available to the faculty member 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 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. SECTION 13. TERMINATION BECAUSE OF REDUCTION OR DISCONTINUANCE OF AN EXISTING PROGRAM 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 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 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 Notice of Non-retention Because of Program Reduction or Discontinuance: The institution shall initiate proceedings by giving a faculty member written notice of such nonretention by certified mail, return receipt requested The dates of formal notification for tenured and tenure-track faculty shall be those specified in Section 10 of this policy

76 SECTION 14. TERMINATION DUE TO FINANCIAL EXIGENCY 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 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: A delineation of the rationale used for the determination of a financial exigency; 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 A description of the appeal process available to the faculty member To the extent financially feasible, the dates of formal notification for tenured and tenuretrack faculty shall be those specified in Section 10 of this policy. SECTION 15. FACULTY GRIEVANCE PROCEDURE 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 '29-6A. SECTION 16. INFORMAL PROCEDURES FOR CONFLICT RESOLUTION Each institution may provide alternative procedures to those set out in West Virginia Code '29-6A for the resolution of conflicts. SECTION 17. NOTIFICATION OF TERMS AND CONDITIONS OF FACULTY APPOINTMENTS 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 Community and technical colleges 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 The letter of appointment or contract should state the following: That the appointment (to the specified position) is offered in accordance with the provisions of institutional policy, and (if applicable) of the 10-14

77 institution's faculty handbook or other publication That the appointment is tenured, tenure-track, clinical-track, librariantrack, term, or Non-tenure-track as defined in this policy 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 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 That the appointment is full-time (1.00 FTE or the equivalent, as determined by the institution) or part-time with the FTE identified That it is a terminal contract (whenever appropriate) That it is a joint appointment with another institution (whenever appropriate), with the home institution specified The beginning and ending dates of the appointment For tenure-track appointments, the academic year in which tenure must be awarded (the "critical year") The total salary for the appointment That, consistent with the provisions of this policy, employment is subject to the fulfillment of the duties and responsibilities of the position That the specific assignments of the position will be determined by the institution 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 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 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

78 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTION: RECOMMENDED RESOLUTION: STAFF MEMBER: Approve Transfer of 2004(b) Excess Lottery Revenue Bond Proceeds Between Projects West Virginia University Resolved, That the West Virginia Higher Education Policy Commission approves the request of West Virginia University to transfer $850,000 in Lottery Revenue Bond Proceeds from the Downtown Infrastructure Improvement project to the Brooks Hall Renovation Project. Richard Donovan BACKGROUND: The 2004(b) excess lottery revenue bond resolutions and covenants permit bond proceeds to be allocated from one project on the approved bond project list to another project if approved by the institution s Board of Governors and the Higher Education Policy Commission. WVU is requesting a transfer of $850,000 from the Downtown Campus Infrastructure Improvement Project to the Brooks Hall Renovation Project. Both projects are on the approved bond project list. The West Virginia University Board of Governors approved this transfer on February 9, The table below shows the net effect of the transfer. Original Previous New Project Allocation Transfers This Transfer Total Brook Hall Renovation $25,000,000 $2,100,000 $850,000 $27,950,000 Infrastructure Improvements Downtown Campus $12,500,000 ($1,622,000) ($850,000) $10,028,

79 West Virginia Higher Education Policy Commission Meeting of April 26, 2007 ITEM: INSTITUTION: Approve the Bond Resolution and Financial Feasibility Study for a Wellness Center Addition to the Butcher Center Shepherd University RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the bond resolution authorizing issuance of Revenue Bonds in an aggregate principal amount not to exceed $21.6 million, and the Financial Feasibility Study for a Wellness Center Addition to the Butcher Center at Shepherd University. Further Resolved, That the West Virginia Higher Education Policy Commission authorizes the Chancellor to sign, on the Commission s behalf, the Financing/Bond Resolution and other documents required by bond counsel. STAFF MEMBER: Rich Donovan BACKGROUND: Shepherd University has been planning construction of a Wellness Center Addition to the Butcher Center for several years and this facility is identified in the University s current campus master plan. The new Wellness Center will replace the current facility in the Health and Physical Education Building, Sarah Cree Hall, which was built in In order to assist with the planning effort for a new facility, the University hired Brailsford & Dunlavey, Inc., a firm specializing in assessing the feasibility and providing programming services for facilities of this type. The Brailsford & Dunlavey study determined that a Wellness Center Addition to the Butcher Center of approximately 74,500 square feet would be appropriate for Shepherd. This facility would house a twocourt gymnasium, an elevated jogging track, a 8-lane competitive swimming pool with spectator seating, weight and fitness rooms, multi-purpose and group exercise studios, racquetball courts, juice bar and casual seating area, meeting rooms, and appropriate locker rooms and administrative offices. In order to fund the design, construction and equipping of the new Wellness Center, Shepherd is proposing to sell up to $21.6 million in revenue bonds. A net auxiliary and auxiliary capital fee increase of $207 per student per semester is being proposed for the 12-1

80 academic year. This will be combined with a previous fee increase to generate $217 per student per semester to fund debt service payments. This auxiliary and auxiliary capital fee increase is included in Shepherd s overall fee increase request of approximately five percent for the academic year. In the Fall 2008, these fees will increase by $64 to a total of $281 per student per semester. Shepherd has prepared a Financial Feasibility Study for the project and Bowles Rice McDavid Graff & Love, PLLC, Shepherd s bond counsel, has drafted the bond authorizing resolution that follows this agenda item. Under the financing plan proposed, the Shepherd University Board of Governors will issue up to $21.6 million in revenue bonds secured by pledging the University s Auxiliary Fees, Auxiliary Capital Fees and Educational and General (E&G) Capital Fees, exclusive of that component part of the E&G Capital Fees that constituted the Registration and Tuition Fees in effect as of March 21, 2004, and imposed and collected for the purpose of supporting debt service of system-wide bond issues. The foregoing pledges of revenue would be subject to any prior pledges of this revenue. Auxiliary Fees are fees levied on all students to support auxiliary enterprises, or optional charges levied only on students using the auxiliary service, including fees imposed and collected by the University on the students for the purpose of operating and financing the Auxiliary Facilities. "Auxiliary Facilities" are all auxiliary facilities of the University, which include but are not limited to residence halls, food service facilities, student center facilities, athletic facilities, and parking facilities. Auxiliary Capital Fees are the auxiliary capital fees imposed and collected by the University on students for the purpose of supporting debt service, capital projects and campus maintenance and renewal for the Auxiliary Facilities of the University. E&G Capital Fees are required educational and general capital fees imposed and collected by University on students for the purpose of supporting debt service, capital projects and campus maintenance and renewal for the University s educational and general facilities. President Dunlop and his staff will be available at the Commission meeting to review the following Financial Feasibility Study and Bond Resolution and to answer questions about the project. 12-2

81 STATE OF WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION RESOLUTION APPROVING PROPOSED CAPITAL PROJECT FOR SHEPHERD UNIVERSITY, BEING THE PLANNING, DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW WELLNESS CENTER ON THE CAMPUS OF SHEPHERD UNIVERSITY AND THE FINANCING OF THE COSTS THEREOF THROUGH THE ISSUANCE BY THE SHEPHERD UNIVERSITY BOARD OF GOVERNORS OF REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT MORE THAN $21,600,000 WHEREAS, to improve the quality of student life and academic culture, enhance student services and respond to students needs, and to comply with its Master Plan, Shepherd University (the University ), proposes to undertake certain capital projects, including without limitation the planning, design, acquisition, construction and equipping of a new wellness center on the campus of the University, which is more fully described in the Financial Feasibility Study delivered to the Commission in connection with this Resolution and attached hereto as Exhibit A (the Feasibility Study ) and which is herein called the Project; and WHEREAS, the University proposes to finance the cost of the Project through the issuance of Revenue Bonds (the Bonds ) by the Shepherd University Board of Governors (the Board of Governors ) in an aggregate principal amount of not more than $21,600,000, as further described in the Inducement Resolution adopted by the Shepherd University Board of Governors on March 8, 2007, a copy of which Inducement Resolution is attached hereto as Exhibit B; and WHEREAS, the principal of, premium, if any, and interest on the Bonds will be payable from all or a portion of the Auxiliary Fees and Auxiliary Capital Fees, as defined in Chapter 18B, Article 10 and Chapter 18, Article 23 (collectively, the Act ), collected by the University, including but not necessarily limited to the revenues of all dormitories, housing facilities, residence halls and food service facilities of the University, and will also be payable from all or a portion of the required educational and general capital fees, as defined in the Act, imposed on students of the University, exclusive of that component part of the required educational and general capital fees of the University that constituted registration and tuition fees in effect as of March 21, 2004, said sources of payment to be as finally determined by the University as evidenced by the Bond Indenture and Security Agreement, or a supplement or amendment thereto, as executed by an Authorized Officer, as hereinafter defined, between the Board of Governors and a trustee to be designated by the University, to secure the Bonds (the Indenture ); and WHEREAS, the Bonds will be secured by a pledge of all or a portion of the Auxiliary Fees and Auxiliary Capital Fees, as defined in the Act, collected by the 12-3

82 University, including but not necessarily limited to the revenues of all dormitories, housing facilities, residence halls and food service facilities of the University, and will also be secured by a pledge of all or a portion of the required educational and general capital fees, as defined in the Act, imposed on students of the University, exclusive of that component part of the required educational and general capital fees of the University that constituted registration and tuition fees in effect as of March 21, 2004, the revenues pledged to secure the payment of the Bonds to be as finally determined by the University as evidenced by the Indenture as executed by an Authorized Officer, as hereinafter defined, and other amounts held under the Indenture, all such pledges to be subject to all prior pledges thereof, if any, and otherwise in the manner and to the extent to be provided for in the Indenture, and the Bonds shall be special obligations of the State and shall not constitute debts of the State; and WHEREAS, this Commission and the Board of Governors have the power and authority to execute and deliver the documents required and to carry out the financing described above; and WHEREAS, the Project is necessary, does not give competitive advantage to new private sector projects over existing West Virginia businesses, does not involve any private sector business, and, specifically, does not involve any private sector businesses which would have the effect of reducing property taxes on existing properties or avoiding, in whole or in part, the full amount of taxes which would be due on newly developed or future properties; and WHEREAS, this Commission deems it desirable, in keeping with its purposes and the Master Plan and in the best interests of the University, to approve the Project and the financing of the cost thereof through the issuance of the Bonds by the University with a portion of the proceeds of the Bonds; and WHEREAS, West Virginia Code Section , provides that the Bonds may not be issued without the express written direction of the Governor and, accordingly, the Commission desires to authorize and direct the University to take all actions necessary to obtain the written consent and direction of the Governor to issue the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE HIGHER EDUCATION POLICY COMMISSION, AS FOLLOWS: Section 1. Approval of the Project. The Project is hereby approved. The Chairperson and Vice Chairperson of the Board of Governors and the President of the University or his designee (each, an Authorized Officer ) are hereby authorized and directed to execute and deliver any documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of Governors or the University to design, construct, acquire and equip the Project, including but not limited to construction contracts after requisite bidding, and to carry out the purposes of this Resolution. Although the Project is anticipated to be substantially as described in the Feasibility Study, this Commission recognizes that there may be changes as the plans and specifications are developed and as the Project is constructed, which changes shall be 12-4

83 made in accordance with any applicable rules and procedures of this Commission and of the Board of Governors. Section 2. Approval of the Bonds. The financing of the Project through the issuance of the Bonds by the Board of Governors in an aggregate principal amount of not more than $21,600,000 is hereby approved. The Commission hereby further approves the pledge by the University of the following to secure the payment of the Bonds: (i) all or a portion of the Auxiliary Fees and Auxiliary Capital Fees, as defined in the Act, collected by the University, including but not necessarily limited to the revenues of all dormitories, housing facilities, residence halls and food service facilities of the University, and/or (ii) all or a portion of the required educational and general capital fees, as defined in the Act, imposed on students of the University, exclusive of that component part of the required educational and general capital fees of the University that constituted registration and tuition fees in effect as of March 21, 2004, the revenues actually pledged to secure the payment of the Bonds to be as finally determined by the University as evidenced by the Indenture relating to the Bonds as executed by an Authorized Officer, and other amounts held under the Indenture, all such pledges to be subject to all prior pledges thereof, if any, and otherwise in the manner and to the extent to be provided for in the Indenture as finally executed by an Authorized Officer of the University. Each of the Authorized Officers is hereby authorized and directed to execute and deliver the Indenture and any other documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of Governors or the University to accomplish the Bond financing. Although the Bond financing is anticipated to be substantially as described in the Feasibility Study, this Commission recognizes that market conditions, the use of credit enhancement and other factors may affect the amount and terms of such financing. Section 3. Special Obligations. This Commission recognizes and agrees that all covenants, stipulations, obligations and agreements of the Board of Governors or the University entered into in connection with the Project and the Bonds shall be deemed to be the special and limited covenants, stipulations, obligations and agreements of the Board of Governors and the University to the full extent permitted by law, and such covenants, stipulations, obligations and agreements shall be binding upon this Commission, the Board of Governors and the University, and their respective successors. No covenant, stipulation, obligation or agreement entered in connection with the Project or the Bonds shall be deemed to be a covenant, stipulation, obligation or agreement of any member, officer, agent or employee of this Commission, the Board of Governors or the University in his or her individual capacity, and no member, officer, agent or employee of this Commission, the Board of Governors or the University shall be liable personally thereunder or be subject to any personal liability or accountability by reason thereof. Section 4. Incidental Action. The Chancellor, the Chairperson, Vice- Chairperson, Secretary and other appropriate members and officers of this Commission are hereby authorized and directed to execute and deliver any documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of Governors or the University to carry out the purposes of this Resolution. 12-5

84 Section 5. Written Direction of the Governor. In accordance with the provisions of West Virginia Code Section , the Bonds may not be issued until such time as the express written direction of the Governor to issue the Bonds has been obtained. The University is authorized and directed to take all actions necessary to obtain the express written direction of the Governor to issue the Bonds and all prior actions taken by the University in connection therewith are hereby ratified and approved. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption. ADOPTED this day of April, WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION By: Its: 12-6

85 12-7

86 12-8

87 12-9

88 12-10

89 12-11

90 12-12

91 12-13

92 12-14

93 12-15

94 12-16

95 12-17

96 12-18