W. Va. Code R. § 135-9-10 - Tenure-Track Status

10.1. When a full-time faculty member is appointed on other than a clinical-track, instructional specialist, librarian-track, term, non-tenure-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 fiimished the individual concerned.

10.3. The maximum period of tenure-track status normally shall not exceed seven years. Before convicting the penultimate year (the Acritical year) of a tenure-track appointment, any nontenured 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 Council.

10.3.1. Institutions may establish policies to accommodate unvisual situations, such policies to be approved by the governing board and reported to the Council.

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 nonreappointment may be issued for any reason that is not arbitrary, capricious, or without fectual basis. Any documented information relating to the decision for nonretention 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 nonretention 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 postmarked and mailed no later than December 15 of the second academic year of service; and

10.5.2. By letter postmarked 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 nonretention for the ensuing year has been made by the institution's president or designee, the tenxire-track faculty member shall be notified in writing of the decision by letter postmarked and mailed no later than March 1.

10.7. Notice of nonretention shall be mailed "Certified Mail-Return Receipt Requested.

10.8. Failure to provide timely notice of nonretention to tenure-track faculty would lead to the offer of renewal of appointment for an additional year, but would not prejudge fiirther 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 nonretention, the faculty member may appeal such nonretention 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 nonretention.

Notes

W. Va. Code R. § 135-9-10