2023 New York Laws › EDN - Education › Title 7 - State and City Colleges and Institutions-Cornell University › Article 126 - Community Colleges and State-Aided Four-Year Colleges › 6306 - Administration of Community Colleges--Boards of Trustees.

§ 6306. Administration  of  community colleges--boards of trustees. 1.
Each community college, except  in  the  city  of  New  York,  shall  be
administered  by  a board of trustees of ten members, nine of whom shall
be appointed for terms of seven years in annual rotation, and one member
elected as herein provided, except that initial  appointments  shall  be
made  for terms of one to nine years respectively. Five members shall be
appointed by the local legislative body or board, or  other  appropriate
governing  agency, one of whom may be a member of such local legislative
body or board, or other appropriate governing agency, four,  from  among
persons  residing  in  the sponsoring community, by the governor and one
member elected by and from among the students of the college  who  shall
serve  as  a member of the board for a one-year term, provided, however,
that the term of the student member first elected shall be  nine  months
commencing  October  first,  nineteen  hundred seventy-five. The student
member shall be  afforded  the  same  parliamentary  privileges  as  are
conferred upon voting members, including but not limited to the right to
make  and  second motions and to place items on the agenda. Such student
member shall be subject to every provision of any  general,  special  or
local  law, ordinance, charter, code, rule or regulation applying to the
members of such board with respect to  the  discharge  of  their  duties
including,  but  not limited to, those provisions setting forth codes of
ethics,   disclosure   requirements   and   prohibiting   business   and
professional  activities.  The  election  of the student member shall be
conducted in accordance with rules and regulations  promulgated  by  the
respective  representative campus student association in accordance with
guidelines established by the state university trustees.  In  the  event
that  the  student  member ceases to be a student at the institution, he
shall be required to resign. The governor's initial  appointments  shall
be for terms of two, four, six and eight years respectively and those by
local  authorities  for  terms of one, three, five, seven and nine years
respectively. Vacancies shall be filled for unexpired terms in the  same
manner  as  original  selections  by  the  authority responsible for the
original selection. The board shall select its own chairman  from  among
its  voting  membership.  Where  two  or more local sponsors join in the
establishment  of  a  community  college,  the  apportionment   of   the
appointments  among them shall be made by the state university trustees.
Trustees shall receive no compensation for their services but  shall  be
reimbursed  for their expenses actually and necessarily incurred by them
in the performance of their duties under this article. Members initially
appointed or elected under this subdivision to the board of trustees  of
any   community   college   hereafter   established  shall  take  office
immediately upon their selection and qualification, but for purposes  of
determining   the   expiration   of   their  respective  terms  and  the
commencement of the terms of their successors, the  term  of  office  of
each  such initial member shall be deemed to have commenced on the first
day of July of the year in which such college was established. The terms
of office of all members of the boards of trustees of community colleges
heretofore  established,  appointed  or  elected  as  provided  in  this
subdivision,  shall  terminate  on  the  thirtieth  day  of  June of the
calendar year within which such terms expire  under  the  provisions  of
this  subdivision as hereby amended. For the purpose of determining such
year all initial terms of office of appointed members of the  boards  of
trustees of community colleges heretofore established shall be deemed to
have  commenced  on  the  first  day  of  July of the year in which such
colleges were established and the terms of  their  successors  for  full
terms,  if any, shall be deemed to have commenced upon the expiration of
the number of years from such date for which such  initial  appointments
were made.
The  one  member elected by and from among the students of the college
may be removed by such students in accordance with rules and regulations
promulgated by the respective representative campus student  association
in  accordance  with  guidelines  promulgated  by  the  state university
trustees.  In the case of community colleges in the city of New York the
year in which any such college was established for the purposes of  this
subdivision  shall  mean  the  year in which it was or may be determined
that its board of trustees be appointed and serve in the manner provided
by this subdivision.
The provisions of  this  subdivision  shall  not  apply  to  community
college regional boards of trustees.
1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section, the term of office of a member of  the  board  of  trustees  of
Rockland  Community  College  appointed by the local legislative body or
board shall be five years.
2. The board of trustees of each community  college  shall  appoint  a
president  for  the college, subject to approval by the state university
trustees, and  it  shall  appoint  or  delegate  to  the  president  the
appointment  of  other  members  of  the staff. The staff of a community
college  shall   consist   of   the   professional   service   and   the
non-professional   service.   The  professional  service  shall  include
positions  requiring  the  performance  of  educational   functions   in
agriculture,  home  economics,  liberal  and  applied arts and sciences,
engineering, technical skills,  crafts,  business  education,  medicine,
dentistry,  nursing,  academic  administration, library service, student
activities, student personnel services, and other  professions  required
to  carry  on  the  work of the community colleges. The non-professional
service shall consist of all positions not in the professional  service.
The  board  of trustees of each community college shall adopt curricula,
subject to the approval of the  state  university  trustees,  prepare  a
budget  and,  with the exception of community college regional boards of
trustees, submit such budget for approval by the local legislative  body
or  board,  or  other  appropriate  governing agency and, subject to the
general supervision of the state  university  trustees,  discharge  such
other  duties  as  may  be  appropriate  or  necessary for the effective
operation of the college. Where the  city  of  New  York  is  the  local
sponsor  of a community college, salaries fixed by the board of trustees
of such college shall be in accordance with salary schedules approved by
the mayor of that city.
3. In the city of New York, upon  the  establishment  of  a  community
college  sponsored by the board of education, the sponsoring board shall
be the trustees and shall be vested  with  the  powers  of  a  board  of
trustees  of  a  community  college,  or  upon  the  application  of the
sponsoring board, approved by the state university trustees,  the  board
of  trustees of such community college may be appointed and serve in the
manner provided by  subdivision  one  of  this  section;  and  upon  the
establishment  and  continuance  of a community college sponsored by the
city of New York, the local sponsor may designate the board of education
in that city as the trustee to be vested with the powers of a  board  of
trustees  of  a community college, or the local sponsor may provide that
the board of trustees of such community college shall be  appointed  and
serve  in the manner provided by subdivision one of this section. In the
event that the board of education serves as the board of trustees  of  a
community  college  in  the  city  of New York, its powers and duties in
relation thereto shall be as prescribed in this article  for  boards  of
trustees  of  community  colleges. In the city of New York, the board of
trustees of the  fashion  institute  of  technology  shall,  under  such
by-laws as such board deems appropriate, provide for the eligibility for

sabbatical  leaves  of absence to members of its permanent instructional
staff; provided, however, that when such leaves are for  one-half  year,
they  shall  be at full pay, and when such leaves are for one year, they
shall be at half pay.
3-a.  (a) Notwithstanding the provisions of subdivisions one and three
of this section, effective July first, two thousand eight,  the  fashion
institute  of technology shall be administered by a board of trustees of
twelve members. Six members shall be appointed by the local sponsor, one
of whom may be a member of such sponsor; five members shall be appointed
by the governor from among persons who reside in the city of  New  York;
and  one  member  shall be elected by and from among the students of the
fashion institute of technology.
(b) The provisions of subdivisions  one  and  three  of  this  section
notwithstanding,  effective  July  first, two thousand nine, the fashion
institute of technology shall be administered by a board of trustees  of
fourteen members. Seven members shall be appointed by the local sponsor,
one  of  whom  may  be  a  member  of such sponsor; six members shall be
appointed by the governor from among persons who reside in the  city  of
New York; and one member shall be elected by and from among the students
of the fashion institute of technology.
(c)  The  provisions  of  subdivisions  one  and three of this section
notwithstanding, effective July first, two  thousand  ten,  the  fashion
institute  of technology shall be administered by a board of trustees of
sixteen members. Eight members shall be appointed by the local  sponsor,
one  of  whom  may  be  a member of such sponsor; seven members shall be
appointed by the governor from among persons who reside in the  city  of
New York; and one member shall be elected by and from among the students
of the fashion institute of technology.
4.  The  board  of  trustees  of each community college may acquire by
deed, gift, devise, bequest or lease, real or personal property suitable
for carrying out the program and purposes of the college,  and  pursuant
to regulations prescribed by the state university trustees may apply any
income  that may be derived therefrom to the maintenance thereof; but no
lands, grounds, buildings, facilities or equipment shall be purchased or
leased unless an  appropriation  has  been  made,  therefor,  or  unless
otherwise  authorized  by  law.  Title  to personal property so acquired
shall vest in such board of trustees in its own name and  such  property
shall be held and used by such board for college purposes. Title to real
property  so  acquired shall vest in and be held by the local sponsor in
trust for the uses and  purposes  of  the  community  college.  Where  a
community  college  region  is the local sponsor of a community college,
title to real and personal property shall vest in the community  college
regional  board  of trustees. The use of real or personal property given
to the board of trustees of any community  college,  or  of  the  income
therefrom,  to  provide any part of the local sponsor's share of capital
or operating costs  shall  be  subject  to  the  consent  of  the  state
university trustees and such regulations as they may prescribe.
5.  The  board  of  trustees shall have the care, custody, control and
management of the lands, grounds, buildings,  facilities  and  equipment
used  for  the  purposes  of  such  college  and  of  all other property
belonging to such college and used for carrying out its purposes, and it
shall have power to protect, preserve and improve the same.
5-a. a. The board of trustees of each community college shall have the
authority to appoint security officers for the community college and, in
its discretion, to designate or to revoke the designation of one or more
than one security officer as a peace  officer.  A  security  officer  so
designated  shall  have  the  powers  of a peace officer as set forth in
section  2.20  of  the  criminal  procedure  law.  A  security   officer

designated  as  a  peace  officer  must have satisfactorily completed or
complete, within one year of the date of such designation, a  course  of
law  enforcement  training  prescribed  by the municipal police training
council  in  consultation with the state university board of trustees. A
peace officer so designated may possess and carry a firearm as a part of
on duty employment only if authorized to do so by the president  of  the
community  college.  The  geographical  area  of  employment  of a peace
officer so designated is the campus and other property of the  community
college  at  which the peace officer serves, including that portion of a
public highway which crosses or abuts such property, and residential  or
other  facilities  owned,  operated,  or  maintained by a not-for-profit
entity associated with the community college for  which  such  community
college provides security.
b.  The  appointment of security officers at a community college shall
be  governed  by  and  conform  with  civil  service  laws,  rules   and
regulations,  if  applicable to the community college and its employees.
The designation of a security officer as a peace officer shall be  based
on   qualifications  established  by  the  community  college  board  of
trustees, and  in  accordance  with  seniority.  For  purposes  of  this
subdivision,   "seniority"  means  total  employment  service  with  the
community college making such designation.
c. A security officer who has been designated a peace officer may have
such designation suspended or removed pursuant to procedures established
by the community college or in  compliance  with  any  local  collective
bargaining  agreement,  if  applicable  to the community college and its
employees.
d. The designation of peace  officers  pursuant  to  this  subdivision
shall not be deemed to supersede in any way the authority of other peace
officers and police officers.
e.  Nothing contained in this section shall be construed to: (i) alter
any existing collective bargaining agreement; (ii) diminish  the  rights
of  employees  pursuant  to an existing collective bargaining agreement;
(iii) affect existing law with respect to an application to  the  public
employment relations board seeking designation by the board that certain
persons  are  managerial  or confidential; or (iv) alter or restrict the
power of a county or community college sponsor or employee  organization
to  negotiate  with  respect  to  an  alternate method of appointment or
promotion of security officers.
5-b. Subject to the approval of the board of  regents,  the  board  of
trustees shall have the authority to grant honorary associate degrees.
6. The board of trustees shall have such other powers and perform such
other  duties  as  may  be  provided  by  law or prescribed by the state
university trustees.
7. Subject to the approval of the local  sponsor  acting  through  its
local  legislative body or board, or other appropriate governing agency,
and pursuant to such regulations and limitations as may  be  established
and  prescribed  by the state university trustees, the board of trustees
of each community college may  enter  into  any  contract  or  agreement
deemed  necessary  or  appropriate  for  the  effective operation of the
college, (1) including contracts or agreements  entered  into  with  the
federal  government  to  enable  participation  in  federal student loan
programs,  including  any  and  all  instruments  required   thereunder;
provided,  however, that the sponsor shall not be liable for any portion
of any defaults which it has agreed  to  assume  pursuant  to  any  such
agreement  in  an  amount  in  excess of money appropriated or otherwise
lawfully available therefor  at  the  time  the  liability  for  payment
arises,   and  (2)  including  contracts  with  non-profit  corporations
organized by officers, employees, alumni or students of the college  for

the  furtherance  of  its  objects  and  purposes.  Notwithstanding  the
provisions of any other law, general, special or local,  such  contracts
entered  into  with  such non-profit corporation shall not be subject to
any  requirement  that contracts be let to the lowest responsible bidder
after advertisement for bids.  Nothing  contained  in  this  subdivision
shall  be deemed to diminish or impair any powers or authority otherwise
vested in the board of trustees of any community college. The provisions
of this subdivision shall not apply to community college regional boards
of trustees.
8. Subject to the approval of the local  sponsor  acting  through  its
local  legislative body or board, or other appropriate governing agency,
and pursuant to such regulations and limitations as may  be  established
and prescribed by the state university trustees with the approval of the
director  of the budget, the board of trustees of each community college
may  participate  in  cooperative  educational  programs,  services  and
arrangements  with  colleges,  universities, school districts, boards of
cooperative  educational  services,  libraries,  museums  and  join  any
cooperative  association  of  such  educational institutions formed as a
corporation pursuant to section two hundred sixteen of this chapter. The
provisions of this subdivision shall  not  apply  to  community  college
regional boards of trustees.
8-a.  a.  The board of trustees shall, on or before January first, two
thousand, adopt and implement a plan providing for the investigation  of
any  violent  felony offense occurring at or on the grounds of each such
institution, and providing for the investigation  of  a  report  of  any
missing  student.  Such  plans shall provide for the coordination of the
investigation of such crimes and  reports  with  local  law  enforcement
agencies.  Such  plans  shall  include,  but  not be limited to, written
agreements with appropriate local law enforcement agencies providing for
the prompt investigation of such crimes and reports  and  a  requirement
that the institution shall notify the appropriate law enforcement agency
as  soon as practicable but in no case more than twenty-four hours after
a report of a violent felony or that a student who  resides  in  housing
owned  or  operated  by  such institution is missing; provided that each
institution shall: (1) inform each victim of a sexual offense  of  their
options   to   notify  proper  law  enforcement  authorities,  including
on-campus and local police; (2) inform the victim of a sexual offense of
the right to report or not to report  such  offense  to  the  local  law
enforcement  agencies; and (3) offer the option to be assisted by campus
authorities in notifying such  authorities,  if  the  victim  of  sexual
assault  so  chooses,  all  in  compliance  with applicable federal law,
including, but  not  limited  to,  the  federal  Campus  Sexual  Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).
b.  As  used  in  this subdivision, the following terms shall have the
following meanings:
(i) "Local law enforcement agencies"  means  any  agency  or  agencies
employing  peace  officers or police officers for the enforcement of the
laws of the state, and which has or have jurisdiction  under  provisions
of  the  criminal  procedure  law  over  offenses occurring at or on the
grounds  of  any  institution  subject  to  the   provisions   of   this
subdivision.
(ii)  "Missing student" means any student of an institution subject to
the provisions of this subdivision, who resides in a facility  owned  or
operated  by such institution and who is reported to such institution as
missing from his or her residence.
(iii) "Violent felony offense"  means  a  violent  felony  offense  as
defined in subdivision one of section 70.02 of the penal law.
9.  In  the  case  of colleges sponsored by community college regions,
references in subdivisions two, four, five,  six  and  eight-a  of  this
section  to  the board of trustees of a community college shall mean the
community college regional board of trustees.
10.  The  boards  of  trustees  of  the  state  university of New York
community colleges shall consult with boards of cooperative  educational
services  (BOCES)  to  identify  new  or  existing  programs  offered to
students  that  would  allow  a  student  to  pursue  an  associate   of
occupational  studies  (AOS)  degree  from a community college upon high
school graduation. Once identified,  BOCES  in  collaboration  with  the
community  college  boards  of trustees shall make such path, identified
programs, and AOS degree options known to ensure that students are aware
that such options exist.  Such notification shall begin  in  the  eighth
grade,  and  include the provision of materials on AOS degree options to
school counselors in each  school  district  in  such  region.  Provided
however,  that such boards and BOCES shall not take any action to direct
or suggest that a student should pursue a particular degree or pathway.
11. The board of  trustees  of  each  community  college  shall  adopt
written  policies  requiring  that  all public single-occupancy bathroom
facilities be designated as gender neutral for use by no more  than  one
occupant  at  a  time or for family or assisted use. Such gender neutral
bathroom facilities shall be clearly designated by the posting  of  such
on  or  near  the  entry  door  of  each  facility. For purposes of this
section, "single-occupancy bathroom" shall  have  the  same  meaning  as
paragraph  (d)  of  subdivision one of section one hundred forty-five of
the public buildings law.