Senate Bill No. 438
(By Senators Prezioso, Unger, Caldwell, Hunter, Love, Dempsey and
Rowe)
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[Introduced February 4, 2003; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact section six, article seven, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section one, article eight of said chapter, all relating to
higher education adjunct faculty generally; and providing that
any employee teaching nine semester hours per semester is a
full-time faculty member.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section one, article
eight of said chapter be amended and reenacted, all to read as
follows:
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-6. Adjunct faculty; part-time and temporary classified
employees.
(a) Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and assistance
of the faculty senates, shall establish a policy pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code
regarding the role of adjunct faculty at state institutions of
higher education and define an appropriate balance between
full-time and adjunct faculty members: Provided, That any employee
who teaches at least nine semester hours per semester shall be
considered as a full-time faculty member and shall have all rights
and benefits of a full-time faculty member.
(b) Before the first day of January, one thousand nine hundred
ninety-four, each governing board, with the advice and assistance
of the staff councils and other groups representing classified
employees, shall establish a policy pursuant to the provisions of
article three-a, chapter twenty-nine-a of this code regarding the
role of part-time classified employees at state institutions of
higher education. Such policy shall discourage the hiring of
part-time employees solely to avoid the payment of benefits or in
lieu of full-time employees and shall provide all qualified
classified employees with nine-month or ten-month contracts with
the opportunity to accept part-time or full-time summer employment
before new persons are hired for the part-time or full-time employment.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-1. Definitions.
As used in this article:
(a) "Schedule" or "salary schedule" means the grid of minimum
salary figures listed in section two of this article;
(b) "Academic rank" means the position held by a faculty
member as determined by the president, consistent with policy
established by the governing board, and includes the positions of
professor, associate professor, assistant professor and instructor;
all other ranks are excluded from the provisions of this article;
(c) "Years of experience" means the actual number of years a
person has been a full-time faculty member at an institution of
higher education within this state. Employment for nine months
shall equal one year of experience, but no faculty member may
accrue more than one year of experience during any given academic
year. Employment for less than full time, or less than nine months
during any fiscal year, shall be prorated. In accordance with
rules established by the governing boards, a faculty member may be
granted additional years of experience for actual years of work or
teaching experience at institutions other than institutions of
higher education within this state;
(d) "Doctoral institutions" means West Virginia university and
Marshall university at Huntington. Doctoral programs at Marshall university shall be selective and nonduplicative of West Virginia
university unless an exception is recommended by both institutions
and approved by the board of trustees. "Master's II institutions"
means West Virginia school of osteopathic medicine and the West
Virginia graduate college; "baccalaureate and two-year
institutions" means Bluefield state college, Concord college,
Fairmont state college, Glenville state college, Shepherd college,
West Liberty state college, West Virginia university institute of
technology, West Virginia state college, West Virginia university
at Parkersburg, Southern West Virginia community college, West
Virginia northern community college and Potomac state college of
West Virginia university and such other institutions as are
designated community colleges by the board of directors;
(e) "Salary" means the total nine-month or ten-month salary
paid from state funds to a full-time faculty member, or if other
than nine or ten months, adjusted to a nine-month base salary;
(f) "Full-time faculty" means any faculty member designated as
such by the president, consistent with approved policy of the
appropriate governing board, and those persons with faculty rank
who have research or administrative responsibilities, and anyone
who teaches at least nine semester hours per semester at any West
Virginia doctoral institution or a master's II institution or a
baccalaureate institution or two-year institution;
(g) "Fiscal year" means twelve calendar months and begins on the first day of July and ends on the thirtieth day of June; and
(h) "Merit increases and salary adjustments" means the amount
of additional salary increase allowed on a merit basis or to
rectify salary inequities or accommodate competitive market
conditions, in accordance with policy established by the
appropriate governing board.
NOTE: The purpose of this bill is to provide that any higher
education employee teaching nine semester hours per semester is a
full-time faculty member.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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