ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 67
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
____________
[Passed April 4, 1997; to take effect July 1, 1997
.]
____________
AN ACT to repeal section four, article two, chapter eighteen-b of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; to amend and reenact sections two and
eight-b, article one of said chapter; and to amend and
reenact sections two, three and four, article six of said
chapter, all relating to restructuring the Marshall
university graduate school and the West Virginia graduate
college into the Marshall university graduate college;
providing definitions; repealing the establishment of the
West Virginia graduate college; providing for the adoption
and review of policies, procedures, programs, standards and
the appointment of a head of the graduate college; providing legislative intent with respect to impact on fund
allocations and strategic plans; and providing for election
of members to advisory councils of students, faculty and
classified staff and to governing body from advisory
councils of faculty, students and classified staff by the
graduate college and by the regional campuses of West
Virginia university.
Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections two and eight-b, article one
of said chapter be amended and reenacted; and that sections two,
three and four, article six of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code shall have the meaning hereinafter
ascribed to them unless the context clearly indicates a different
meaning:
(a) "Governing board" or "board" means the university of
West Virginia board of trustees or the board of directors of the
state college system, whichever is applicable within the context
of the institution or institutions referred to in this chapter or in other provisions of law;
(b) "Governing boards" or "boards" means both the board of
trustees and the board of directors;
(c) "Freestanding community colleges" means southern West
Virginia community and technical college and West Virginia
northern community and technical college, which shall not be
operated as branches or off-campus locations of any other state
institution of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the freestanding community and technical colleges,
community and technical education programs of regional campuses
of West Virginia university and divisions of state institutions
of higher education which have a defined community and technical
college district and offer community and technical college
education in accordance with the provisions of section three-a,
article three of this chapter;
(f) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
mission of community and technical colleges as provided in
section three-a, article three of this chapter, and also shall
include post-secondary vocational education programs in the state
as those terms are defined in this section. Community and technical college education shall be delivered through a system
which includes eleven community and technical college districts
assigned to state institutions of higher education under the
jurisdiction of the board of directors and the board of trustees,
respectively;
(g) "Directors" or "board of directors" means the board of
directors of the state college system created pursuant to article
three of this chapter or the members thereof;
(h) "Higher educational institution" means any institution
as defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(i) "Post-secondary vocational education programs" means any
college-level course or program beyond the high school level
provided through an institution of higher education which results
in or may result in the awarding of a two-year associate degree,
under the jurisdiction of the board of directors;
(j) "Rule" or "rules" means a regulation, standard, policy
or interpretation of general application and future effect;
(k) "Senior administrator" means the person hired by the
governing boards in accordance with section one, article four of
this chapter, with powers and duties as may be provided for in
section two of said article;
(l) "State college" means Bluefield state college, Concord
college, Fairmont state college, Glenville state college,
Shepherd college, West Liberty state college or West Virginia state college;
(m) "State college system" means the state colleges and
community and technical colleges, and also shall include post- secondary vocational education programs in the state as those
terms are defined in this section;
(n) "State college system community and technical colleges"
means the freestanding community and technical colleges and
community and technical colleges operated on the campuses of
state colleges under the jurisdiction of the board of directors
of the state college system and all of their associated branches,
centers and off-campus locations;
(o) "State institution of higher education" means any
university, college or community and technical college in the
state university system or the state college system as those
terms are defined in this section;
(p) "Trustees" and "board of trustees" means the university
of West Virginia board of trustees created pursuant to article
two of this chapter or the members thereof;
(q) "University", "university of West Virginia" and "state
university system" means the multi-campus, integrated university
of the state, consisting of West Virginia university, including
West Virginia university at Parkersburg, Potomac state college of
West Virginia university, West Virginia university institute of
technology and the West Virginia university school of medicine;
Marshall university, including the Marshall university school of medicine, and the Marshall university community and technical
college, the Marshall university graduate college; and the West
Virginia school of osteopathic medicine
;
(r) "University system community and technical colleges"
means Marshall university community and technical college,
community and technical education programs at West Virginia
university at Parkersburg, community and technical education
programs at Potomac state college of West Virginia university and
West Virginia university institute of technology community and
technical college under the jurisdiction of the university of
West Virginia board of trustees and all their associated
branches, centers and off-campus locations;
(s) "Regional campus" means West Virginia university at
Parkersburg, Potomac state college of West Virginia university,
and West Virginia university institute of technology. The chief
executive officer of a regional campus shall be known as "campus
president", shall serve at the will and pleasure of the president
of West Virginia university, and shall report to the president of
West Virginia university or his or her designee in the method
specified by West Virginia university. The board of advisors for
West Virginia university established pursuant to section one,
article six of this chapter shall serve as the advisory board for
West Virginia university and its regional campuses. The advisory
boards previously appointed for each regional campus shall be known as "boards of visitors" and shall provide guidance to the
regional campus presidents. Each regional campus shall adopt
separate strategic plans required by section one-c of this
article; and
(t) The advisory board previously appointed for the West
Virginia graduate college shall be known as the "board of
visitors" and shall provide guidance to the Marshall university
graduate college.
§18B-1-8b. Marshall university graduate college.
(a) Notwithstanding any other provisions of this code to the
contrary, the West Virginia graduate college shall cease to be an
individual higher education institution, as defined by subsection
(h), section two, article one of this chapter and shall be merged
and consolidated with Marshall university, effective the first
day of July, one thousand nine hundred ninety-seven.
(b) The graduate programs of Marshall university shall be
operated under the same procedures, policies, rules and practices
utilized by Marshall university and the board of trustees in
operating Marshall university:
Provided, That the board of
trustees shall assure that the president of Marshall university
adopts policies, procedures and standards for its graduate
programs that facilitate the multiple missions of the graduate
college in serving traditional and nontraditional students and
providing graduate instruction throughout the state. Nothing herein shall be interpreted to abrogate the power or
responsibility of the board of trustees to approve and review
graduate programs offered within the university system, nor to
limit the statewide mission of West Virginia university or any
other institution.
(c) The president of Marshall university shall appoint the
head of the graduate college, who shall report directly to the
president of Marshall university.
(d) Nothing contained herein shall be interpreted to
authorize the provision or expansion of any four-year programs
offered by Marshall university to any sites formerly offering
graduate school courses by the West Virginia graduate college.
(e) It is the intent of the Legislature that the program
review and approval process for campus offerings for graduate
education by the graduate college of Marshall university be
separate and distinct from the process for the approval of
undergraduate education program offerings.
(f) It is the Legislature's intent that, through the fiscal
year two thousand--two thousand one, the proportionate share of
the funds which would have been generated by the board of
trustees resource allocation policy for the West Virginia
graduate college shall be allocated to the Marshall university
graduate college. It is further the intent of the Legislature
that the merger and consolidation of West Virginia graduate
college and Marshall university shall not result in any financial gain or loss to the board of trustees or any institution within
the university system in the appropriation decisions by the
Legislature.
(g) It is the intent of the Legislature that Marshall
university and the Marshall university graduate college each
receive any increase in state appropriated funds for the fiscal
year beginning the first day of July, one thousand nine hundred
ninety-seven, set out in section one-c, article one of this
chapter, and further, that they shall not be denied any increases
because of the need for changes in their strategic plans
necessitated by the merger and consolidation of the two
institutions:
Provided, That Marshall university shall prepare a
revised strategic plan and submit it to the board of trustees for
approval by the first day of November, one thousand nine hundred
ninety-seven.
(h) Each valid agreement, obligation or claim entered into
or incurred by the board of trustees on behalf of the West
Virginia graduate college is hereby undertaken by the board of
trustees on behalf of Marshall university.
ARTICLE 6. ADVISORY COUNCILS OF FACULTY.
§18B-6-2. Advisory councils of faculty.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of faculty.
During the month of April of each even-numbered year, each
president or other administrative head of a state institution of
higher education, including Potomac state college of West
Virginia university, West Virginia university at Parkersburg,
West Virginia university institute of technology, Robert C. Byrd
health sciences Charleston division of West Virginia university
and the Marshall university graduate college, at the direction of
the councils and in accordance with procedures established by the
councils, shall convene a meeting or otherwise institute a
balloting process to elect one faculty to serve on the
appropriate governing board's advisory council of faculty, which
shall consist of one faculty, so elected, from each institution
under the appropriate governing board. Terms of the members of
each council shall be for two years and shall begin on the first
day of July of each even-numbered year and members of each
advisory council shall be eligible to succeed themselves.
The advisory councils of faculty shall meet at least once
each quarter. One of the quarterly meetings shall be during the
month of July, at which meeting each council shall elect a
chairman, who shall be by virtue of the office a voting member of
the appropriate governing board:
Provided, That the chair shall
serve no more than two consecutive terms. No member may vote by
proxy at the election. In the event of a tie in the last vote
taken for such election, a member authorized by the council shall select the chairman by lot from the names of those persons tied.
Immediately following the election of a chairman, each council
shall elect, in the manner prescribed by this section for the
election of a chairman, a member of that council to preside over
meetings of the council in the chairman's absence. Should the
chairman vacate the position, the council shall meet and elect a
new chairman to fill the unexpired term within thirty days
following the vacancy.
Each advisory council of faculty, through its chairman and
in any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the
faculty members may have an interest.
Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of
higher education served.
Each governing board shall furnish secretarial services to
its advisory council of faculty, and each advisory council shall
cause to be prepared minutes of its meetings, which minutes shall
be available, upon request, to any faculty member of a state
institution of higher education represented on the council. The
minutes shall be forwarded to the advisory council of faculty
serving the other governing board.
§18B-6-3. Advisory councils of students.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of students.
The student government organization at each state
institution of higher education shall elect a student, who may be
the elected head or president of the organization, to serve on
the appropriate governing board's advisory council of students,
which are hereby created, consisting of the elected
representatives of each institution under the appropriate
governing board:
Provided, That the student government
organization at each institution in the university system,
including Potomac state college of West Virginia university, West
Virginia university at Parkersburg, West Virginia university
institute of technology, the Robert C. Byrd health sciences
Charleston division of West Virginia university and Marshall
university graduate college shall elect one student per three
thousand students enrolled at each institution with a minimum of
one representative from each institution. The student government
of each institution shall determine how its representatives shall
be elected. Terms of the members of the council shall be for one
year and shall begin on the first day of May of each year, and
members of the advisory councils shall be eligible to succeed
themselves.
Each institution shall have only one vote in all matters.
The advisory councils of students shall meet at least once each
quarter, and shall meet during each month of June, at which
meeting each council shall elect a chairman, who prior to the
elections must be entitled to vote in the state of West Virginia.
By virtue of the office, the chairman shall be a voting member of
the appropriate governing board. No member may vote by proxy at
the election. In the event of a tie in the last vote taken for
the election, a member authorized by the council shall select the
chairman by lot from the names of those persons tied.
Immediately following the election of a chairman, each council
shall elect, in the manner prescribed by this section for the
election of a chairman, a member of that council to preside over
meetings of the council in the chairman's absence. Should the
chairman vacate the position, the council shall meet and elect a
new chairman to fill the unexpired term within thirty days
following the vacancy.
Each advisory council of students, through its chairman and
in any other appropriate manner, shall consult and advise its
governing board in matters of higher education in which the
students may have an interest.
Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of higher education served.
Each governing board shall furnish secretarial services to
its advisory council of students, and each advisory council shall
cause to be prepared minutes of its meetings, which minutes shall
be available, upon request, to any student of a state institution
of higher education represented on the council. The minutes
shall be forwarded to the advisory council of students serving
the other governing board.
§18B-6-4. Advisory councils of classified employees.
Effective the first day of July, one thousand nine hundred
eighty-nine, each governing board shall be assisted by an
advisory council of classified employees.
During the month of April of each even-numbered year, each
president or other administrative head of a state institution of
higher education, including Potomac state college of West
Virginia university, West Virginia university at Parkersburg,
West Virginia university institute of technology, the Robert C.
Byrd health sciences Charleston division of West Virginia
university and the Marshall university graduate college, at the
direction of the councils and in accordance with procedures
established by the councils, shall convene a meeting or otherwise
institute a balloting process to elect one classified employee to
serve on the appropriate governing board's advisory council of
classified employees, which shall consist of one classified employee, so elected, from each institution under the appropriate
governing board. Terms of the members of the councils shall be
for two years and shall begin on the first day of July of each
even-numbered year, and members of the advisory councils shall be
eligible to succeed themselves. For the purpose of this section
the term "institution of higher education" includes the
facilities and staff supervised by the senior administrator
employed by the governing boards, which is a part of the state
college system, and the West Virginia network for telecomputing,
which is a part of the state university system.
Each advisory council of classified employees shall meet at
least once each quarter. One of the quarterly meetings shall be
during the month of July, at which meeting each council shall
elect a chairman, who shall be by virtue of the office a voting
member of the appropriate governing board:
Provided, That the
chair shall serve no more than two consecutive terms:
Provided,
however, That the board of directors' advisory council for
classified employees' chairman shall not be a member of the staff
supervised by the central administrative official. No member may
vote by proxy at the election. In the event of a tie in the last
vote taken for the election, a member authorized by the council
shall select the chairman by lot from the names of those persons
tied. Immediately following the election of a chairman, each
council shall elect, in the manner prescribed by this section for the election of a chairman, a member of the council to preside
over meetings of the council in the chairman's absence. Should
the chairman vacate the position, the council shall meet and
elect a new chairman to fill the unexpired term within thirty
days following the vacancy.
Each advisory council of classified employees, through its
chairman and in any other appropriate manner, shall consult and
advise its governing board in matters of higher education in
which the classified employees may have an interest.
Members of each advisory council shall serve without
compensation, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their
official duties from funds allocated to the state institution of
higher education served.
Each governing board shall furnish secretarial services to
its advisory council of classified employees, and each advisory
council shall cause to be prepared minutes of its meetings, which
minutes shall be available, upon request, to any classified
employee of a state institution of higher education represented
on the council. The minutes shall be forwarded to the advisory
council of classified employees serving the other governing
board.
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