Day 311: BOG Presidential Search Rule Approved
The WVU Board of Governors approved its revised Governance Rule 1.3 regarding the presidential search process.
Thirty-six members of the public, including some commenters identifying as students, submitted comments. Many comments focused on a desire for greater guaranteed participation by university stakeholders in the search process. Several comments focused concerns arising from the Academic Transformation process.
After a thirty-day comment period and a ten-day posting of comments and responses, the BOG made twelve changes to the proposed rule.
Four of the responses underscored the Board’s statutory powers and responsibilities.
Modifications to Rule 1.3 Based on Comments
Photo by Jakob Owens on Unsplash
The remaining eight changes included some concessions to the public comments:
Rule 2.2.1 was modified to provide that the Board will solicit nominations for search committee members from students, faculty, and staff. The rule does not require the Board to select search committee members from among the nominees.
Rule 2.2.2 was modified to require the Board to solicit feedback from the university community regarding the qualities desired in a president. The rule does not require the Board to publish or to follow the community recommendations.
Rule 2.2.3 retained the Board’s power to include additional candidates in the search process. In response to commenter concerns about this provision providing a potential end-run around the process, the rule was modified to require that the Board may “suggest” additional candidates and that any such candidates must be reviewed by the search committee.
Rule 2.2.4 was modified to delete language giving the Board’s officers sole discretion whether to dismiss a committee member for violation of confidentiality obligations and whether to replace the committee member. The rule does not provide how such decisions will be made.
Rule 2.5 was modified to permit the Board to conduct background checks on candidates at any stage in the process rather than only after a candidate is identified.
Rule 3.2 responds to comments requesting limits on the Board’s power to extend an interim presidential appointment. The revised language provides that an interim president may be appointed “for a term of up to one year with the option to extend the appointment for additional periods not to exceed two (2) years except in exigent circumstances.” In the context of the comments, the rule may be understood to limit any extensions after the first year to a total of two years. However, the language is ambiguous and might be read to permit an unlimited number of additional two-year extensions. The rule also includes an exception for “exigent circumstances” with no criteria for how such circumstances may be determined.
Former Rule 4.4 was combined with Rule 4.3 and revised to require that the Board determine and approve any non-cash compensation to the president from state funds, including vehicles, memberships, and deferred compensation.
Rule 6.1 was revised to provide that the president must choose administrative heads of Potomac State and WVU Tech using a committee-led search process, except in exigent circumstances.