West Virginia Code
1 - GOVERNANCE
1A - COMPACT WITH HIGHER EDUCATION
1B - HIGHER EDUCATION POLICY COMMIS
1D - HIGHER EDUCATION ACCOUNTABILIT
1E - WEST VIRGINIA UNIVERSITY INSTI
1F - MANAGEMENT AGREEMENTS FOR THE
2 - UNIVERSITY OF WEST VIRGINIA BOA
2A - INSTITUTIONAL BOARDS OF GOVERN
2B - WEST VIRGINIA COUNCIL FOR COMM
2C - WEST VIRGINIA COMMUNITY AND TE
3 - ADDITIONAL POWERS AND DUTIES OF
3A - WEST VIRGINIA JOINT COMMISSION
3B - COLLABORATIVE DEGREE COMPLETIO
3C - COMMUNITY AND TECHNICAL COLLEG
3D - WORKFORCE DEVELOPMENT INITIATI
3E - EASTERN WEST VIRGINIA COMMUNIT
3F - REORGANIZATION OF COMMUNITY AN
4 - GENERAL ADMINISTRATION
5 - HIGHER EDUCATION BUDGETS AND EX
6 - ADVISORY COUNCILS
7 - PERSONNEL GENERALLY
8 - HIGHER EDUCATION FULL-TIME FACU
9 - CLASSIFIED EMPLOYEE SALARY SCHE
9A - CLASSIFICATION AND COMPENSATIO
9B - ORGANIZATION PERSONNEL RULES
10 - FEES AND OTHER MONEY COLLECTE
11 - MISCELLANEOUS INSTITUTES AND
11A - STATE AUTISM TRAINING CENTER
11B - WEST VIRGINIA POISON CENTER
12 - RESEARCH AND DEVELOPMENT AGRE
12A - CENTERS FOR ECONOMIC DEVELOP
13 - HIGHER EDUCATION -- INDUSTRY
14 - MISCELLANEOUS
15 - SEVERABILITY
16 - HEALTH CARE EDUCATION
17 - LEGISLATIVE RULES
18 - EMINENT SCHOLARS ENDOWMENT TR
18A - DIRECTED RESEARCH ENDOWMENTS
18B - SCIENCE AND RESEARCH COUNCIL
19 - CAPITAL PROJECTS AND FACILITI
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.
(a) The Legislature recognizes that:
(1) West Virginia University Institute of Technology is a vital part of higher education in West Virginia and has a rich and distinguished history of more than one hundred and twenty years of providing important educational opportunities that needs to continue;
(2) The engineering program at West Virginia University Institute of Technology plays a significant role in the continued success of the students at the institution and of the state as a whole;
(3) Facilities at West Virginia University Institute of Technology in Montgomery are in greater disrepair and in greater need of overall capital investment than are facilities at West Virginia University;
(4) In 2009, the Legislative Auditor completed a report stating that the facilities in Montgomery included a number of aging buildings with significant structural, heating, and cooling problems, and that the location of the West Virginia University Institute of Technology offered few enhancements to the quality of student life;
(5) In 2011, the Legislature commissioned a study and report seeking to revitalize the West Virginia University Institute of Technology, and the report concluded that the West Virginia Institute of Technology needed to increase its enrollment from 1,100 to 1,800 and concluded that unless the State of West Virginia, West Virginia University, or other sources could commit to “a $5 million to $7 million investment for each of the next five years, the revitalization legislation of 2011 will be seen merely as an exercise in futility;”
(6) West Virginia University has for many years deployed revenues generated from its campus in Morgantown to subsidize the operations and capital improvements needed for its campus in Montgomery;
(7) Although the state, the Higher Education Policy Commission, and West Virginia University have made investments in the operations and facilities of the West Virginia University Institute of Technology in Montgomery, the facilities in Montgomery need significant additional capital investment to be suitable to attract a sufficient number of students seeking a world-class, four-year higher education;
(8) The state lacks sufficient resources to address the issues facing the facilities and enrollment issues in Montgomery, and in recent years has reduced appropriations for all institutions of higher education;
(9) In 2014, Mountain State University decided to sell its assets, including its campus in Beckley, West Virginia and West Virginia University was offered the opportunity to negotiate for and ultimately purchased the campus in Beckley, West Virginia in the summer of 2015;
(10) To help ensure the continued viability and vitality of West Virginia University Institute of Technology, West Virginia University has proposed relocating the institution to the newly-acquired campus in Beckley, West Virginia;
(11) The Higher Education Policy Commission has approved a proposal by West Virginia University and the West Virginia University Institute of Technology to offer courses on the Beckley Campus;
(12) West Virginia University, the West Virginia University Institute of Technology, Bluefield State College, and Concord University have entered into an agreement to collaborate as equal partners to maximize course offerings, reduce program duplication, and better serve the students of southeastern West Virginia.
(13) West Virginia University has offered economic, community development, and related assistance to the City of Montgomery, City of Smithers, the County Commission of Kanawha County, and the County Commission of Fayette County. (14) Collaboration between the engineering and engineering technology programs of West Virginia University Institute of Technology, West Virginia University, Marshall University, Bluefield State College and other private partners as appropriate would:
(A) Lead to a greater understanding and knowledge of engineering research;
(B) Lead to greater opportunities for students to engage in research; and
(C) Result in greater opportunities for participating students to find gainful employment in future research or to continue graduate level research and study.
(b) It is the intent of the Legislature that collaboration: (1) occur among West Virginia University Institute of Technology, West Virginia University, Marshall University, Concord University, Bluefield State College, and appropriate public and private entities to provide significant education opportunities to students in a manner that optimizes courses and program offerings, reduces and minimizes program duplication, and creates efficiencies in program delivery and expenses while at the same time respecting the value and independence and accreditation requirements separately of Concord University, Bluefield State College, West Virginia Institute of Technology, and West Virginia University; and (2) among West Virginia University Institute of Technology, West Virginia University, the County Commission of Kanawha County, the County Commission of Fayette County, the City of Smithers, and the City of Montgomery, should it elect to do so.
(c) It is specifically the intent of the Legislature that:
(1) The baccalaureate engineering program offered at the West Virginia University Institute of Technology be and remain a permanent component of its curriculum;
(2) Collaboration in engineering and other appropriate programs shall occur among West Virginia University Institute of Technology, West Virginia University, Marshall University, Concord University, Bluefield State College and the West Virginia School of Osteopathic Medicine and appropriate private entities; and
(3) The West Virginia University Board of Governors continue to monitor and take appropriate steps necessary to address faculty salary levels. In considering the issue of faculty salary levels, the board may consider the unique mission of the division and the performance expectations for faculty in meeting the goals of the institution.
(a) West Virginia University Institute of Technology is a fully integrated division of West Virginia University. All administrative and academic units are consolidated with primary responsibility for direction and support assigned to West Virginia University. The campus president of the West Virginia University Institute of Technology shall appoint a board of visitors and the board of visitors shall provide guidance to the division in fulfilling its mission. The chairperson of the board of visitors serves as an ex-officio, voting member of the West Virginia University Board of Governors.
(b) The fully integrated division is named West Virginia University Institute of Technology. (c) The provisions of this section do not affect the independent accreditation or continued operation of The BridgeValley Community and Technical College. The BridgeValley Community and Technical College is an independent community and technical college administered by its own governing board under the jurisdiction and authority of the council and is subject to all applicable provisions of this chapter and chapter eighteen-c of this code.
(d) Auxiliary enterprises shall be incorporated into the West Virginia University auxiliary enterprise system. The West Virginia University Board of Governors shall determine if operations at West Virginia University Institute of Technology can be operated on a self-sufficient basis when establishing rates for auxiliary services and products.
(e) West Virginia University Institute of Technology has a strong reputation in engineering and other scientific disciplines. These programs shall be maintained, cultivated and emphasized further as its sustaining mission over the next decade.
(f) By the November 1, 2006, and annually thereafter for a period of four years, the West Virginia University Board of Governors shall prepare and submit a report to the commission and Legislative Oversight Commission on Education Accountability on progress being made to implement the provisions of this article.
(g)West Virginia University Institute of Technology shall develop or maintain baccalaureate degree programs as a permanent component of its curriculum.
(h) Until such time as West Virginia University no longer owns assets, other than assets of de minimis value, in Montgomery and the Upper Kanawha Valley, the university shall continue to collaborate with the County Commission of Kanawha County, the County Commission of Fayette County, the City of Smithers and the City of Montgomery, should it elect to do so, and each entity is authorized and encouraged to enter into agreements designed to foster economic and community redevelopment for Montgomery and the Upper Kanawha Valley.
(i) Notwithstanding the provisions of paragraph a, subdivision four, subsection b, section four, article one-b of this chapter, West Virginia University and West Virginia University Institute of Technology, as it relates to providing academic programming at the Beckley campus, shall be subject to academic program review and approval of the commission pursuant to subdivision four, subsection b, section four, article one-b of this chapter, including complying with series eleven of title one hundred thirty-three of the rules of the Higher Education Policy Commission, relating to academic program review and approval, including, but not limited to, the provisions relating to offering new programming in Beckley or offering existing programming in Beckley that is already offered by West Virginia University at a location other than Beckley: Provided, That the provisions of this subsection do not apply to the programs that the Higher Education Policy Commission approved on or before December 31, 2015, for offerings by West Virginia University at the West Virginia University Institute of Technology at the Beckley campus.
(j) Prior to seeking approval with the Chancellor or Commission as required by the provisions of subsection (i) of this section, West Virginia University or the West Virginia University Institute of Technology, as appropriate, shall offer to meet with representatives of Bluefield State College and Concord University to determine whether collaborative opportunities exist relating to the proposed offering requiring approval.
(k) The presidents of Concord University, Bluefield State College, and West Virginia Institute of Technology shall meet at least quarterly to discuss the collaborative efforts contemplated by this article and the collaborative agreement, including assessing and reviewing the progress made on collaborative efforts, or at such other times as agreed to by all of the presidents of the referenced institutions.
Acts, 2015 Reg. Sess., Ch. 53.