CHAPTER 18B. HIGHER EDUCATION.
WVC 18 B- 8 -
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
WVC 18 B- 8 - 1
As used in this article:
(a) "Academic rank", "rank" or "faculty rank" means the
position held by a faculty member as determined by the president,
consistent with a rule promulgated and adopted 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.
(b) "Salary" means the total nine-month or ten-month salary
paid from state funds to a full-time faculty member, or if the
employment period is other than nine or ten months, the total
salary adjusted to a nine-month base salary;
(c) "Full-time faculty" means a faculty member so designated
by the president, consistent with the duly promulgated and adopted
rule of the appropriate governing board, and those persons with
faculty rank who have research or administrative responsibilities.
WVC 18 B- 8 - 2
§18B-8-2. Faculty salary rules; salary increase upon promotion in
(a) Each governing board shall promulgate and adopt a faculty
salary rule in accordance with section six, article one of this
chapter which furthers the goals of attracting, retaining and
rewarding high quality faculty. Faculty salary increases shall be
distributed within each organization in accordance with the faculty
(b) The salary of a full-time faculty member may not be
reduced by the provisions of this article.
(c) The faculty salary rule shall pursue the following goals:
(1) The salary of each full-time faculty member within a
discipline group is competitive with those in similar disciplines
at peer institutions;
(2) Faculty are recognized for outstanding performance;
(3) Equity among salaries is maintained; and
(4) The faculty at each institution are involved effectively
in the administration of the faculty salary rule.
(d) Each faculty member shall receive a salary increase of at
least ten percent when he or she is promoted in rank.
WVC 18 B- 8 - 3
§18B-8-3. Authority to grant sabbatical leave.
A governing board may grant sabbatical leave to a faculty
member at the state institution of higher education under its
jurisdiction for the purpose of permitting him or her to engage in
graduate study, research or other activities calculated to improve
teaching ability. A governing board may grant a request for
sabbatical leave only in accordance with the uniform rule it has
promulgated and adopted. A governing board may not adopt a rule
which provides for granting sabbatical leave to a faculty member
who has served fewer than six years at the institution where
presently employed, nor which provides for leave for more than one
half the contract period at full pay or for a full contract period
at half pay. A faculty member receiving a sabbatical leave is
required to return and serve the institution granting the leave for
at least one year or to repay to the institution the compensation
received during leave. A faculty member returning from leave shall
be reinstated at the academic rank held immediately prior to taking
sabbatical leave unless he or she is promoted to a higher rank and
is entitled to the salary and any salary increases appropriate to
his or her rank and years of experience. The compensation for a
faculty member on sabbatical leave is paid by the institution where
employed from its regular personal services appropriations.
WVC 18 B- 8 - 3 A
Acts, 2011 Reg. Sess., Ch. 79.
WVC 18 B- 8 - 4
§18B-8-4. Effect of leave of absence on academic tenure, rank,
(a) Notwithstanding any provision of law to the contrary, a
tenured professional at a state institution of higher education who
is absent from duties at the institution to accept employment in a
nonelected governmental capacity is afforded the benefits of
academic tenure, rank and position as if he or she had remained
continuously in the position retained and held at the institution
immediately preceding the absence if the following conditions are
(1) The absence is approved by the president of the state
institution of higher education by which the professional is
(2) The leave of absence does not exceed two years; or
(3) If the leave of absence extends for more than two years,
the president requests approval from the governing board for the
absence in writing each year and the board approves each request up
to eight full years.
(b) An individual who remains in governmental employment with
leave granted in accordance with this section forfeits all rights
to academic tenure, rank and position formerly held at the
employing institution at the end of the eighth year of government
WVC 18 B- 8 - 5
§18B-8-5. Notice to probationary faculty members of retention or
(a) For the purposes of this section, "Probationary faculty
member" means the definition adopted in a joint rule promulgated by
the commission and council. The rights provided to probationary
faculty members by this section are in addition to, and not in lieu
of, other rights afforded to them by other rules and other
provisions of law.
(b) The president of each state institution of higher
education shall give written notice concerning retention or
nonretention for the ensuing academic year to a probationary
faculty member not later than March 1.
(c) If a probationary faculty member who is not retained so
requests, the president or his or her designee shall inform the
probationary faculty member by certified mail within ten days of
the reasons for nonretention. A probationary faculty member who
desires to appeal the decision may proceed to level three of the
grievance procedure established in article two, chapter six-c of
this code. If the administrative law judge decides that the
reasons for nonretention are arbitrary, capricious or without a
factual basis, the faculty member shall be retained for the ensuing
WVC 18 B- 8 - 6
§18B-8-6. Faculty employment practices; campus administrators
required to teach or perform research.
Each governing board, with the advice and assistance of the
faculty senate, shall promulgate and adopt a rule in accordance
with section six, article one of this chapter addressing the
(a) Defining an appropriate balance between full-time and
adjunct faculty members and the appropriate role of adjunct
(b) Requiring each administrator on each campus who holds
faculty rank to teach at least one course during each eighteen-
month employment period or to perform on-going research in lieu of
Note: WV Code updated with legislation passed through the 2012 1st Special Session