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West Virginia University Institute of Technology

Classified Staff Council

Military Leave Policy

Working Draft 3/20/14









§133-56-1.       General.


1.1.      Scope -This rule delineates the responsibilities of West Virginia public higher education institutions relative to dealing with unexpected withdrawals from school by military member students.


            1.2.      Authority – West Virginia Code §18B-1-6 and §18B-4-10.


            1.3.      Filing Date -


            1.4.      Effective Date  -


§133-56-2.       Purpose.


2.1.      The West Virginia Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education are responsible to provide uniform course completion provisions for all military member students who are enrolled at the state institutions of higher education under their respective jurisdictions when those students are called to military duty.


2.2.      This rule shall ensure that enrolled students who are called to military duty are afforded a fair and efficient procedure of withdrawing from classes, completing course work or securing a leave of absence from course attendance, when feasible.


2.3.      This rule shall provide guidelines for maintaining the academic integrity of the course work in a manner that is reasonably accommodating to the student under the circumstances.


§133-56-3.       Definitions.


3.1.      Called to Military Duty.  Called or ordered to state or federal active service in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state.


3.2.      Military Member.  Any person who is an active member of the regular military of the United States or a Reserve unit of any branch of the United States military or a National Guard unit.


3.3.      Unexpected Withdrawal. A withdrawal from school necessitated solely because of an unforeseen, unplanned, emergent military call up or geographic reassignment that prevents the military member student from attending class and completing coursework as planned.


§133-56-4.       Institutional Responsibility.


4.1.      Each public higher education institution must develop and publish a policy and procedures that address course completion for students called to military duty and include the specific provisions identified in Section 4.2 of this rule.


4.2.      In the event of an unexpected withdrawal from a West Virginia public institution, the military member student shall be afforded a choice of options for completion of enrolled coursework.


4.2.a.   If the military member student has completed 75 percent or more of the term or the required coursework, he or she may choose to receive full credit for the course, with assignment of the grade earned up to the time of the withdrawal.


4.2.b.   If the military member student has completed less than 75 percent of the term or the required coursework, he or she may choose to:


4.2.b.1.   Withdraw without academic penalty and receive no credit for the course pursued but receive a proportional refund of tuition and fees and room and board for the term, as permitted within adherence to financial aid regulations, or


4.2.b.2.  Receive an “incomplete” grade for the course and, with written verification of concurrence of the instructor or department chair, complete the course within one year of release from military duty. Institutional timelines for completing the coursework and removing the “incomplete” grade shall be published.


4.3.      Military members seeking relief under this rule must provide proof, in the form of a dated copy of official orders, that the call up or reassignment could not reasonably have been foreseen prior to the beginning of term in which registered.


4.4.      This rule shall not be applicable in the case of planned military training during an enrolled term if the planned military training was scheduled and the military member notified of it prior to the beginning of the term.


§133-56-5.       Appeal Process.


5.1.      Appeals of institutional decisions shall follow the institutional academic grievance process and shall be decided at the institutional level.  Once the institutional grievance process has been exhausted, there shall be no further appeal to a higher entity or governing board.