NY Educ L § 2587 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2587 - Tenure in Fashion Institute of Technology.

§ 2587. Tenure  in  fashion  institute of technology. 1. The following   words and phrases, as hereinafter used, and for  the  purposes  of  this   section, shall have the following meanings:a.  "Community  college" shall mean fashion institute of technology, a   community college sponsored by the board of education of the city of New   York.b. "Board" shall mean the board of trustees of  fashion  institute  of   technology.c.  "Instructional  staff"  shall  mean  the  persons  employed in the   community  college  in  the  positions  of  president,  dean,  director,   assistant  dean, assistant director, chairman of department or division,   senior instructor,  instructor,  lecturer,  college  registrar,  college   bursar,   laboratory   technician,   college  administrative  assistant,   instructor technologist, college librarian, assistant librarian;  or  in   any position which the board in its discretion may add thereto.d.  "Tenure"  shall  mean  the  right of a person to hold his position   during good behavior and efficient and competent service, and not to  be   removed therefrom except for cause in the manner hereinafter provided.2.  All  members  of  the  permanent  instructional  staff  under  the   jurisdiction of the board shall have tenure.3. The permanent instructional staff shall consist of:a. All persons employed on an annual salary  basis  in  the  community   college  in  the  positions  of  senior instructor, librarian, assistant   librarian, college registrar, college bursar or  college  administrative   assistant,  who,  on  the  date  on  which  this section is enacted, are   serving in any of the positions enumerated in this  paragraph  and  have   completed  at  least  four full years of continuous service on an annual   salary from the date of  their  appointment  to  any  of  the  positions   enumerated  in this paragraph, or who have so served at least three full   years and have been appointed for a fourth full year.b. All other persons  employed  on  an  annual  salary  basis  in  the   community  college  in  the  positions  of senior instructor, librarian,   assistant  librarian,  college  registrar,   college   bursar,   college   administrative assistant, or in any position hereafter created which the   board  in  its discretion may designate as a tenure position, who, after   serving on an annual salary  in  any  of  the  positions  enumerated  or   provided  for  in this paragraph for three full years continuously, have   been appointed or shall be appointed for a fourth full year,  except  as   provided   in  subdivision  four  of  this  section,  provided  that  in   determining the  tenure  rights  of  such  persons  time  served  as  an   instructor shall be counted.c. Any regularly appointed member of the teaching or supervising staff   of  the  board  of education of the city of New York who, on the date on   which this section is enacted, is serving in the  community  college  in   the  position  of  senior  instructor,  librarian,  assistant librarian,   college registrar, college bursar or college  administrative  assistant,   pursuant  to an assignment by the superintendent of schools of the board   of education of the city of New York, and has or thereafter  shall  have   completed three full years of continuous service in any of the positions   enumerated in this paragraph, or in any position hereafter created which   the  board  may  designate  as  a  tenure position, shall be entitled to   become a member of the permanent instructional staff  of  the  community   college  with  tenure in the position in which he is then serving in the   community college providing such person, within three months after  such   completion  of  three full years of continuous service, shall notify the   president of the community college in writing of his election to  become   a  member  of the permanent instructional staff of the community college   with tenure in the position in which he is then serving in the community    college, and provided further that such person  shall  within  the  same   period resign from his position in the board of education of the city of   New York. Such person shall have the absolute right, notwithstanding his   election  to become a member of the permanent instructional staff of the   community college with tenure, to continue as a member of the retirement   system of which he was a member  immediately  prior  to  such  election,   without  any  loss  or diminution in his rights, status or privileges in   such retirement system. Any regular license issued by the superintendent   of schools of the board of education of the city of New  York,  held  by   such  person  at the time he becomes entitled to tenure in the community   college shall continue to be valid during his continuance of service  in   the community college.4.  Nothing  herein  contained  shall  be  construed  as conferring or   permitting tenure, or service credit toward the achievement  of  tenure,   in  the positions of president, dean, director, assistant dean, chairman   of department or division, or assistant director. Appointments  to  such   position  or removal therefrom, however, shall not deprive the person so   appointed or removed of tenure in highest position on the  instructional   staff  held  with  tenure  prior  to  his  appointment to such office or   conjointly with such office, nor shall such appointment or  the  holding   of  such  position  or  removal from such position deprive any person of   service credit toward the achievement of tenure under the provisions  of   this section.5. A certificate of permanent tenure shall be issued by the board upon   the  enactment  of  this  section  to  each  person then employed in the   community college who, on or prior to the date of such enactment,  shall   have  satisfied the requirements for entitlement to tenure prescribed by   this section. In the case of any person now or hereafter employed in the   community college, who, after such date  of  enactment,  satisfies  such   requirements  for  entitlement  to  tenure,  a  certificate of permanent   tenure shall be issued by the board to such person, upon the  completion   by such person of such requirements.6. For the purpose of appointments and promotions in the instructional   staff which may be made after the date on which this section is enacted,   the board shall determine to what extent examinations are practicable to   ascertain  merit  and  fitness  for  each  of  the  positions  under its   jurisdiction, and, insofar as examinations are deemed practicable, shall   determine to what extent it is practicable, that  such  examinations  be   competitive.  Any  examination held in accordance with the provisions of   this subdivision shall be set and administered through any agency  which   the  board may from time to time create or designate. The superintendent   of schools of the board of education of the city of New York  may,  upon   the  request  of  the  president  of  the  community college, direct the   medical board of the board of education of  the  city  of  New  York  to   render  such  service  as  the  president  of  the community college may   request to assist the board and the president of the  community  college   in the ascertainment of merit and fitness for appointment to or relative   to service in instructional positions in the community college.7.  Neither  tenure as conferred through the operation of this section   nor the period requisite for the achievement of tenure shall be affected   by transfer within the community college, or by promotion, or by  change   of title, except that a person upon whom tenure is conferred through the   operation  of this section and who may be transferred to any position in   the community college, or who may be promoted, or  whose  title  may  be   changed,  shall  have tenure in his new position, provided such position   is not one of those enumerated in  subdivision  four  of  this  section.   Nothing  herein  contained  shall be construed to prevent the board from   assigning any person having tenure to any appropriate  position  on  the    staff, but no such assignment shall carry with it a reduction in rank or   a  reduction  in  salary  other  than  the elimination of any additional   emolument provided for administrative positions.8.  A  position held by a person upon whom tenure is conferred through   the operation of this section may be abolished or  discontinued  by  the   board  for  reasons  which  are  not discriminatory against a particular   person or persons. In the event that a position in a  specified  subject   is  to  be abolished or discontinued, such position shall be that of the   person last appointed to such  position;  provided,  however,  that  all   persons  in  such  position  upon  whom  tenure  is not conferred by the   operation of this section shall be dismissed before the position of  any   other  person in such subject is abolished or discontinued. If the board   abolishes or discontinues the position of a person upon whom  tenure  is   conferred through the operation of this section and can find no position   in  the community college which can be efficiently and capably filled by   such person, then his name shall be placed and shall  remain  for  three   years  on  a  preferred eligible list of candidates for reappointment to   fill a vacancy that may thereafter occur in  a  position  which  can  be   efficiently and capably filled by such person or to fill a newly created   position  which  can  be  efficiently and capably filled by such person.   Reappointment from such preferred eligible  list  to  a  position  in  a   specified subject shall be made in the order of the original appointment   of  the  persons on such preferred eligible list. Any person reappointed   from such preferred eligible list shall be reappointed at a  salary  not   less than that which he was receiving when his position was abolished or   discontinued. Any person whose name is placed on such preferred eligible   list  as hereinbefore provided shall, for the purpose of maintaining his   status in any retirement system of which he is a member, be deemed to be   on leave of absence without pay.9. Persons granted tenure under the provisions of this  section  shall   not  be removed except for cause, after a hearing and by a majority vote   of the board. Charges against a person  entitled  to  tenure  under  the   provisions of this section may be preferred by the president, any member   or  members  of  the  board,  or  the board itself. Such charges and all   specifications of such charges shall be  filed  with  the  board,  which   shall  cause  a  copy  thereof to be served upon the person accused, and   such person shall have ten days from the date of  the  service  of  such   charges  and  specifications,  or such additional time as may be granted   him by the chairman of the board, in which to file an answer in  writing   with  the  board. Any person against whom charges as herein provided are   filed with the board, may be  suspended  with  or  without  pay  by  the   president  pending  a  final determination of such charges by the board.   The board shall proceed to try and determine such charges either by  the   board,  or by a trial committee consisting of one or more members of the   board, or by a  trial  committee  consisting  of  one  or  more  persons   specially  appointed  for such purpose by the board, and the board shall   fix the penalty or punishment, if any, to be imposed  for  the  offense,   and  such  penalty  or  punishment  may  consist of a reprimand, a fine,   suspension for  a  fixed  time  without  pay,  or  dismissal;  provided,   however, that a vote of a majority of all the members of the board shall   be  necessary to impose a penalty or punishment. The report of any trial   committee holding such trial shall be subject to  final  action  by  the   board,  each  member of which shall before voting read the testimony and   the evidence in the case. The board may reject, confirm  or  modify  the   conclusions of the trial committee, and the decisions of the board shall   be  final, except that any person aggrieved may review the determination   of said board only by an appeal to the  commissioner  of  education,  as   provided  for  by  article  seven  of  this chapter. In case the charges    preferred against any person are dismissed, he shall be restored to  his   position  with  full pay for the period of his suspension. In all trials   and investigations authorized by this section all testimony taken  shall   be  under  oath,  which the chairman of the board or the chairman of the   trial committee is hereby authorized to administer. For the  purpose  of   any  investigation,  trial  or hearing, the chairman of the board or the   chairman of the trial committee shall have power to subpoena  witnesses,   papers  and  records.  The  Supreme  Court  shall  have  power, upon the   application of the chairman of the board or the chairman  of  the  trial   committee,  to  compel  any  witness  who may be summoned, to appear and   testify before said board or trial committee.