Senate Bill No. 67
(By Senators Tomblin (Mr. President) and Buckalew
By Request of the Executive)
____________
[Introduced February 19, 1997; referred to the Committee
on Education; and then to the Committee on Finance.]
____________
A BILL 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 West Virginia graduate college of Marshall
university; 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 member to governing body advisory councils of faculty, students and classified
staff by the South Charleston campus of the graduate college
and by the regional campus 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amended, be repealed; that sections two and eight-b, article one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 may 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 postsecondary 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) "Postsecondary 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
such 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
postsecondary 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 multicampus, 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 West Virginia Graduate College
of Marshall
University and the West Virginia school of osteopathic medicine:
Provided, That the university board of trustees, after
appropriate study, may select a new name for the West Virginia
graduate college of Marshall University.
(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; and
(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.
§18B-1-8b. West Virginia Graduate College of Marshall
University.
(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) 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;
(e) 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 West Virginia graduate
college of Marshall University. It is further the intent of the
Legislature that the merger and consolidation of West Virginia
graduate school 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.
(f) It is the intent of the Legislature that Marshall University and the West Virginia graduate college of Marshall
University 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
such 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.
(g) 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,
and West Virginia University institute of technology
and the South
Charleston campus of the West Virginia graduate college of
Marshall University, 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
such 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
such 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
such the vacancy.
In electing the chairman of
the advisory council for the board of trustees, West Virginia
university and its regional campuses shall have a total of two
votes, which shall be cast for one individual, and the elected
representatives from Marshall university, the West Virginia
graduate college, and West Virginia school of osteopathic
medicine shall have one vote per school.
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.
Such 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
such 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,
and West Virginia University
institute of technology
and the South Charleston campus of the
West Virginia graduate college of Marshall University, 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
such 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
such
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
such the election. In the event of a tie in the
last vote taken for
such 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
such the vacancy.
In electing the
chairman of the advisory council for the board of trustees, West
Virginia university and its regional campuses shall have a total
of two votes, which shall be cast for one individual, and the
elected representatives from Marshall university, the West
Virginia graduate college, and West Virginia school of
osteopathic medicine shall have one vote per school.
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.
Such 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,
and West Virginia University institute of technology
and the
South Charleston campus of the West Virginia graduate college of
Marshall University, 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
such institution under the appropriate governing board. Terms of
the members of
such 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, who
shall be deemed is a part of the state
college system, and the West Virginia network for telecomputing,
who
shall be deemed 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 may not be a member of the
staff supervised by the central administrative official. No
member may vote by proxy at
such the election. In the event of
a tie in the last vote taken for
such 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
such the vacancy.
In
electing the chair of the advisory council for the board of
trustees, West Virginia university and its regional campuses
shall have a total of two votes, which shall be cast for one
individual, and the elected representatives from Marshall
university, the West Virginia graduate college, the West Virginia
network for telecomputing and West Virginia school of osteopathic
medicine shall have one vote per school.
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.
Such The minutes shall be forwarded to the
advisory council of classified employees serving the other
governing board.
NOTE: The purpose of this bill is to merge graduate
programs of Marshall University and the West Virginia Graduate
College to form the West Virginia Graduate College of Marshall
University operated under the procedures, policies, rules and
practices of Marshall University and the Board of Trustees. The
West Virginia Graduate College is eliminated as a free-standing
institution. The President of Marshall University will appoint
the head of the merged graduate college. Legislative intent is
provided program review, transitional fund allocation through the
year two thousand one, and institutional strategic plan.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§18B-1-8b has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
