Notice of Proposed Rulemaking | Policies | West Virginia University

This Notice of Proposed Rulemaking is issued pursuant to West Virginia University Board of Governors Governance Rule 1.1. The proposed changes are to the following current Board of Governors Rules:

West Virginia University Board of Governors Governance Rule 1.2 – Administration
West Virginia University Board of Governors Academics Rule 2.2 – Program Creation and Review
West Virginia University Board of Governors Academics Rule 2.3 – Undergraduate Admissions
West Virginia University Board of Governors Academics Rule 2.4 – Residency Status for Admission, Tuition, and Fee Purposes
West Virginia University Board of Governors Talent and Culture Rule 3.5 – Employee Leave

The proposed changes are to amend current BOG Rules to clarify certain provisions and update the Rules to reflect changes that have occurred since their adoption. Substantively, the proposed changes to the BOG Rules above will result in additions and amendments as set forth below and in the attached redlines:

BOG Rule	Recommended Action	Comments
BOG Governance Rule 1.2 – Administration	Amend and Approve	The Board adopted this Rule on January 24, 2018, to set forth a variety of provisions associated with administrative aspects of the University. This amendment seeks to document the current practices between the University management and the Foundation in recommending a naming opportunity for a facility or academic unit in exchange for a monetary donation.
BOG Academics Rule 2.2 – Program Creation and Review	Amend and Approve	The Board adopted this Rule on May 22, 2018, to set forth the responsibilities of the Board and the University with regard to the creation of Academic Programs; the regular, periodic review of Academic Programs; and the continuation or discontinuation of Academic Programs. An amendment is proposed to Section 2.3.1 to reflect renumbering of West Virginia Code § 18B-1-4 and to ensure consistency with the language in that Code section.
BOG Academics Rule 2.3 – Undergraduate Admissions	Amend and Approve	The Board adopted this Rule on May 22, 2018, to establish standards and procedures for undergraduate admissions at the University. Amendments are proposed to align with the current environment of undergraduate admissions. These amendments seek to solidify the test optional processes currently available in the Rule and to update academic criteria necessary to support student aptitude in college level work. Changes are proposed to Section 2, Regular Admissions, to increase the resident student GPA from 2.0 to 2.5 for the Morgantown campus, to modify certain standardized test scores, and to provide additional requirements for when standardized test scores are unavailable. Section 2.4 is added to provide clarification of admissions requirements in the absence of standardized test scores including the necessary GPA, Core Requirements for Admissions, and to give discretion to the Office of Admissions to require additional information to certify the student’s academic aptitude. Section 5.3.6 is added to give the University the ability to recalculate GPAs to ensure academic consistency across the applicant pool. Changes are proposed to Section 8 to update the admissions requirements for non-degree students.
BOG Academics Rule 2.4 – Residency Status for Admission, Tuition, and Fee Purposes	Amend and Approve	The Board adopted this Rule on May 22, 2018, to design and administer a fair and consistent system regarding the determination of residency classification of students for admission and fee purposes. Amendments are proposed to this Rule to clarify certain provisions and to address certain changes and situations that have arisen since the adoption of this Rule. A change is proposed to Section 2.2.1 to clarify the definition of “Prior to the start of classes.” Changes are proposed to Section 6, International Students, to add categories of international students that may be eligible to receive in-state tuition if they have already established domicile in West Virginia. The proposed changes would now allow international students who have established domicile in West Virginia to seek residency status if (1) they hold an S or T visa; (2) they have an approved I-360 petition pursuant to the Violence Against Women Act or Special Immigrant Juvenile Status; (3) they are subject to the Deferred Action for Childhood Arrivals, Temporary Protected Status, Deferred Enforced Departure, withholding of removal, or protection under the Convention Against Torture; or (4) they are the beneficiary of a pending I-589 application for asylum. A change is proposed to Section 8.2 to clarify the definition of “domicile.”
BOG Talent and Culture Rule 3.5 – Employee Leave	Amend and Approve	The Board adopted this Rule on September 8, 2017, to outline the guiding principles for annual leave, sick leave, medical leave, funeral leave, catastrophic leave, parental leave, FMLA, personal leave of absence without pay, military leave, special emergency leave without pay, witness and jury leave and leave usage during facility disruption, utility service interruption and inclement weather for University employees. The proposed changes seek to add Section 16 “Leave for Residents and Fellows” to provide that residents and fellows, whose employment may fall under a program subject to accreditation, will receive leave in accordance with any applicable accreditation requirements. The proposed amendment to the BOG Rule will allow the University to continue to provide standard leave programs to these employees and amend the programs, where necessary, to comply with the rules of an accrediting body.

A copy of the current Rules can be found at policies.wvu.edu/finalized-bog-rules and a copy of the proposed Amended Rules and this Notice of Proposed Rulemaking can be found at policies.wvu.edu.

There will be a 30-day public comment period from February 20, 2023 until March 21, 2023 , 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: policies.wvu.edu. If there are any questions about the submission process, they can be directed to Valerie Lopez, Special Assistant to the Board of Governors, 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 or a summary thereof will be posted on the University’s policy website. The Rules may be changed, subject to comments received.