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Notice of Proposed Rulemaking

This Notice of Proposed Rulemaking is issued pursuant to West Virginia University Board of Governors Policy 45 and W. Va. Code R. §§ 133-4-1 to -8.  The proposed changes to current Board of Governors Policies are to: 

  • West Virginia University Board of Governors Policy 8, Holidays;
  • West Virginia University Board of Governors Policy 13, Part-Time Classified Employees;
  • West Virginia University Board of Governors Policy 24, Employee Leave;
  • West Virginia University Board of Governors Policy 26, Employee Development;
  • West Virginia University Board of Governors Policy 27, Work Scheduling;
  • West Virginia University Board of Governors Policy 29, Salary Policy;
  • West Virginia University Board of Governors Policy 32, Rule on Annual Increment;
  • West Virginia University Board of Governors Policy 34, Affirmative Action & Equal Employment Opportunity;
  • West Virginia University Board of Governors Policy 45, Adoption or Amendment of Rules;
  • West Virginia University Board of Governors Policy 50, Meal Breaks;
  • West Virginia University Board of Governors Policy 53, Emergency Call-In; and
  • West Virginia University Board of Governors Policy 56, Drug and Alcohol Testing for Federal Transit Administration (FTA) & Federal Motor Carrier Safety Administration (FMCSA) Covered Positions.

Additionally, four new Board of Governor Rules (formerly called Policies) are proposed:

  • West Virginia University Board of Governors Talent & Culture Rule 3.1 – Administration and Employment Practices;
  • West Virginia University Board of Governors Talent & Culture Rule 3.3 – Classification and Compensation;
  • West Virginia University Board of Governors Talent and Culture Rule 3.8 – Performance Management; and
  • West Virginia University Board of Governors Talent and Culture Rule 3.9 – Reduction in Force (RIF).

The proposed changes are to amend, approve, and, in some cases, repeal current BOG Policies in order to implement new BOG Rules in accordance with W. Va. House Bill 2542 (2017) and W. Va. House Bill 2815 (2017).  To that end, the term “Policy” will be replaced with “Rule” and these Policies will be reformatted to the new design for BOG Rules, renumbered, and standard terms are used, when applicable.  Moreover, all BOG Rules will be updated to supersede and repeal W. Va. Higher Education Policy Commission Rules, where applicable.

Substantively, the proposed changes to the BOG Policies above will result in additions, amendments, or repeals as set forth below:

Current BOG Policy Current BOG Policy Recommended Action Recommended Action New BOG Rule Name New BOG Rule Name Brief Description Brief Description
Current BOG Policy BOG Policy 8 — Holidays Recommended Action Amend & Approve New BOG Rule Name BOG Talent and Culture Rule 3.6 — Holidays Brief Description
  • Amends to clarify President’s ability to grant either a floating holiday or a change to the holiday schedule in response to additional holiday time.
  • Amends language to align Rule with current practice of setting one holiday schedule for all University campuses.
Current BOG Policy BOG Policy 13 — Part-Time Classified Employees Recommended Action Relocate & Repeal New BOG Rule Name BOG Talent and Culture Rule 3.1 — Administration and Employment Practices Brief Description
  • Incorporates substance of BOG Policy 13 into new BOG Talent & Culture Rule 3.1. 
Current BOG Policy BOG Policy 24 – Employee Leave Recommended Action Amend & Approve New BOG Rule Name BOG Talent and Culture Rule 3.5 —  Employee Leave Brief Description
  • No substantive changes.
  • Re-numbers and re-formats original BOG Policy 24 into BOG Talent & Culture Rule 3.5. 
Current BOG Policy BOG Policy 26 – Employee Development Recommended Action Relocate & Repeal New BOG Rule Name BOG Talent and Culture Rule 3.1 — Administration and Employment Practices Brief Description
  • Incorporates substance of BOG Policy 26 into new BOG Talent & Culture Rule 3.1.
Current BOG Policy BOG Policy 27 – Work Scheduling Recommended Action Relocate & Repeal New BOG Rule Name BOG Talent and Culture Rule 3.1 — Administration and Employment Practices Brief Description
  • Incorporates substance of BOG Policy 27 into new BOG Talent & Culture Rule 3.1.
Current BOG Policy BOG Policy 29 – Salary Policy Recommended Action Repeal New BOG Rule Name Brief Description
  • New, more comprehensive BOG Rule on compensation now required by W. Va. House Bill 2542 (2017), which will be contained within BOG Talent & Culture Rule 3.3.
Current BOG Policy BOG Policy 32 – Rule on Annual Increment Recommended Action Amend & Approve New BOG Rule Name BOG Talent and Culture Rule 3.7 — Annual Increment Brief Description
  • No substantive changes.
  • Re-numbers and re-formats original BOG Policy 32 into BOG Talent & Culture Rule 3.2.
Current BOG Policy BOG Policy 34 – Affirmative Action & Equal Employment Opportunity Recommended Action Amend & Approve New BOG Rule Name BOG Talent and Culture Rule 3.2 — Affirmative Action and Equal Employment Opportunity Brief Description
  • No substantive changes.
  • Re-numbers and re-formats original BOG Policy 32 into BOG Talent & Culture Rule 3.2.
Current BOG Policy BOG Policy 45 - Adoption or Amendment of Rules Recommended Action Amend & Approve/td> New BOG Rule Name BOG Governance Rule 1.1 - Adoption, Amendment, or Repeal of Rules Brief Description
  • Amends language to reflect revised rulemaking authority and procedures, as permitted in W. Va. House Bill 2815 (2017).
  • Re-numbers and re-formats original BOG Policy 45 into Governance Rule 1.1.
Current BOG Policy BOG Policy 50 – Meal Breaks Recommended Action Repeal New BOG Rule Name Brief Description
  • A BOG Rule is not required on this topic, as meal break requirements are mandated by West Virginia statute.
Current BOG Policy BOG Policy 53 – Emergency Call-In Recommended Action Relocate & Repeal New BOG Rule Name BOG Talent and Culture Rule 3.3 – Classification and Compensation Brief Description
  • Incorporates substance of BOG Policy 53 into new BOG Talent & Culture Rule 3.3.
Current BOG Policy BOG Policy 56 – Drug and Alcohol Testing for Federal Transit Administration (FTA) & Federal Motor Carrier Safety Administration (FMCSA) Covered Positions Recommended Action Amend & Approve New BOG Rule Name BOG Talent and Culture Rule 3.4 – Drug and Alcohol Testing for Federal Transit Administration (FTA) & Federal Motor Carrier Safety Administration (FMCSA) Covered Positions Brief Description
  • Amends practice regarding second drug tests for dilute specimens.
  • Re-numbers and re-formats original BOG Policy 56 into BOG Talent & Culture Rule 3.4.
Current BOG Policy N/A Recommended Action Approve New BOG Rule Name BOG Talent and Culture Rule 3.1 – Administration and Employment Practices Brief Description
  • Re-states general delegation of authority to President for University’s human resources practices.
  • Adds language required by W. Va. House Bill 2542 (2017) regarding continued engagement with Classified Staff Council regarding human resource practices, including:
    • Meeting with Classified Staff Council quarterly to review BOG Talent & Culture Rules.
    • Providing for external review of human resource practices at least once every 5 years, with opportunity to Classified Staff Council to speak with external auditors.
  • Defines terms for all BOG Talent & Culture Rules.
  • Incorporates or replaces current BOG Policies:
    • BOG Policy 13 – Part-Time Classified Employees
    • BOG Policy 26 – Employee Development
    • BOG Policy 27 – Work Scheduling
Current BOG Policy N/A Recommended Action Approve New BOG Rule Name BOG Talent and Culture Rule 3.3 – Classification and Compensation Brief Description
  • Provides guiding principles for establishing a University classification and compensation program for Classified and Non-Classified Employees, including procedures for determining new Employees classification, initial job title, job description, and compensation.
  • Outlines what compensation elements can be considered for individual Employees’ pay.
  • Eliminates point factor method for job change adjustments.
  • Defines terms for all BOG Talent & Culture Rules.
  • Establishes new factors to evaluate when a job change adjustment is appropriate, which shifts focus on growing individual compensation towards performance and away from re-evaluation of individual job descriptions.
  • Outlines additional compensation adjustments supervisors may use to increase an Employee’s pay when applicable.
  • Establishes periodic reviews of market data to assess competitiveness of compensation.
  • Incorporates or replaces current BOG Policies:
    • BOG Policy 29 – Part-Time Classified Employees
    • BOG Policy 53 – Employee Development
Current BOG Policy N/A Recommended Action Approve New Rule New BOG Rule Name BOG Talent and Culture Rule 3.8 – Performance Management Brief Description
  • Provides guiding principles for performance management for Classified and Non-Classified Employees.
  • Requires all supervisors of Classified and Non-Classified Employees to complete a written performance evaluation for each Employee.
  • Requires all supervisors of Classified and Non-Employees to undergo training on performance management.
  • Standardizes six- month performance reviews for new Classified and Non-Classified Employees.
  • Allows Classified and Non-Classified Employees the opportunity to respond in writing to performance evaluation.
  • Requires a performance improvement plan for all Classified and Non-Classified Employees who are rated below expectations.
Current BOG Policy N/A Recommended Action Approve New Rule New BOG Rule Name BOG Talent and Culture Rule 3.9 – Reduction in Force (RIF) Brief Description
  • Outlines guiding principles for reduction in Classified workforce due to budget reductions, loss of funding, reorganization, material changes to the duties or responsibilities of a position, program change/elimination, or an emergency that curtails operations.
  • Unit supervisor must prepare a RIF plan and seek approval from Vice President for Talent & Culture or a Review Committee, depending on the number of Classified Employees involved.
  • Review Committee will consist of senior leaders from Provost’s Office, Strategic Initiatives, and Talent and Culture with advice from General Counsel’s Office.
  • Position eliminations determined based the following factors: performance (would include discipline in past 24 months), skills/qualifications, and seniority.
  • Classified Employees will receive 60-day notice of elimination and may be offered a severance package based on years of service, not to exceed one year’s base pay.
  • Severance payment requires a waiver and release of claims, and Classified Employees will have 45 days to consider the agreement, with a 7 day revocation period.
  • Certain positions are not applicable for severance, including but not limited to temporary positions and grant/contract funded positions (hired after 7/1/2017).
  • Severance payments end if re-employed by WVU or a University Affiliate.
  • Recall rights if individual impacted position is filled within 12 months of original decision to eliminate the position, and impacted employee left in good standing.

A copy of the current Policies can be found at http://bog.wvu.edu/policies and a copy of the proposed Rules and this Notice of Proposed Rulemaking can be found at http://policies.wvu.edu/. Additionally, copies of both are available at the President’s Office in Room 103 of Stewart Hall.   

There will be a 30-day public comment period from July 18, 2017 until August 17, 2017 for the submission of written comments.  Comments should be submitted using the online submission form for each Rule, which can be found by clicking on the link to the Rule located at: http://policies.wvu.edu/.  If there are any questions about the submission process, they can be directed to Valerie Lopez, Special Assistant to the Governing Board, at Valerie.Lopez@mail.wvu.edu or Valerie Lopez, Office of the President, West Virginia University, PO Box 6201, Morgantown, West Virginia 26506-6201.

Once the comment period has ended, all public comments received will be posted on the University’s policy website.  The Rules may be changed, subject to comments received.