Statutes, codes, and regulations
West Virginia Administrative Code
Agency 133 - Higher Education Policy CommissionTitle 133 - PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION
Series 133-09 - Academic Freedom, Professional Responsibility, Promotion And Tenure
Section 133-9-10 - Tenure-Track Status

W. Va. Code R. § 133-9-10

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Current through Register Vol. XLI, No. 45, November 8, 2024
Section 133-9-10 - Tenure-Track Status
10.1. When a full-time faculty member is appointed on other than a clinical-track, librarian-track, term, or non-tenured-track or tenured basis, the appointment shall be tenure-track.
10.2. During the tenure-track period, the terms and conditions of every reappointment shall be stated in writing, with a copy of the agreement furnished the individual concerned.
10.3. The maximum period of tenure-track status normally shall not exceed seven years. Before completing the penultimate year (the "critical year") of a tenure-track appointment, any non-tenured faculty member shall be given written notice of tenure, or offered a one-year written terminal contract of employment. During the tenure-track period, faculty members may be granted tenured appointment before the sixth year of service, such appointment to be based upon criteria established by the institution and copies provided to the Policy Commission.
10.3.1. Institutions may establish policies to accommodate unusual situations, such policies to be approved by the Governing Board and reported to the Policy Commission.
10.4. During the tenure-track period, contracts shall be issued on a year-to-year basis, and appointments may be terminated at the end of the contract year. During said tenure-track period, notices of non-reappointment may be issued for any reason that is not arbitrary, capricious, or without factual basis. Any documented information relating to the decision for non-retention or dismissal shall be provided promptly to the faculty member upon request.
10.5. For those appointed on or before March 8, 2003 after the decision regarding retention or non-retention for the ensuing year has been made by the institution's president or designee, the tenure-track faculty member shall be notified in writing of the decision:
10.5.1. By letter post-marked and mailed no later than December 15 of the second academic year of service; and
10.5.2. By letter post-marked and mailed at least one year before the expiration of an appointment after two or more years of service in the institution.
10.6. For those appointed after March 8, 2003, after the decision regarding retention or non-retention for the ensuing year has been made by the institution's president or designee, the tenure-track faculty member shall be notified in writing of the decision by letter post-marked and mailed no later than March 1.
10.7. Notice of non-retention shall be mailed "Certified Mail-Return Receipt Requested.
10.8. Failure to provide timely notice of non-retention to tenure-track faculty would lead to the offer of renewal of appointment for an additional year, but would not prejudge further continuation after that additional year.
10.9. Faculty appointed at times other than the beginning of the academic year may choose to have those periods of appointment equal to or greater than half an academic year considered as a full year for tenure purposes only. Tenure-track appointments for less than half an academic year may not be considered time in probationary status.
10.10. Following receipt of the notice of non-retention, the faculty member may appeal such non-retention decision by requesting a statement of reasons and then filing a grievance as provided in Section 15 of this policy. The request for a statement of reasons shall be in writing and mailed to the president or designee within ten working days of receipt of the notice of non-retention.

W. Va. Code R. § 133-9-10