§ 2587 — Tenure in fashion institute of technology

§ 2587. Tenure in fashion institute of technology. 1. The following\nwords and phrases, as hereinafter used, and for the purposes of this\nsection, shall have the following meanings:\n a. "Community college" shall mean fashion institute of technology, a\ncommunity college sponsored by the board of education of the city of New\nYork.\n b. "Board" shall mean the board of trustees of fashion institute of\ntechnology.\n c. "Instructional staff" shall mean the persons employed in the\ncommunity college in the positions of president, dean, director,\nassistant dean, assistant director, chairman of department or division,\nsenior instructor, instructor, lecturer, college registrar, college\nbursar, laboratory technician, college administrative assistant,\ninstructor technologist, college librarian, assistant librarian; or in\nany position which the board in its discretion may add thereto.\n d. "Tenure" shall mean the right of a person to hold his position\nduring good behavior and efficient and competent service, and not to be\nremoved therefrom except for cause in the manner hereinafter provided.\n 2. All members of the permanent instructional staff under the\njurisdiction of the board shall have tenure.\n 3. The permanent instructional staff shall consist of:\n a. All persons employed on an annual salary basis in the community\ncollege in the positions of senior instructor, librarian, assistant\nlibrarian, college registrar, college bursar or college administrative\nassistant, who, on the date on which this section is enacted, are\nserving in any of the positions enumerated in this paragraph and have\ncompleted at least four full years of continuous service on an annual\nsalary from the date of their appointment to any of the positions\nenumerated in this paragraph, or who have so served at least three full\nyears and have been appointed for a fourth full year.\n b. All other persons employed on an annual salary basis in the\ncommunity college in the positions of senior instructor, librarian,\nassistant librarian, college registrar, college bursar, college\nadministrative assistant, or in any position hereafter created which the\nboard in its discretion may designate as a tenure position, who, after\nserving on an annual salary in any of the positions enumerated or\nprovided for in this paragraph for three full years continuously, have\nbeen appointed or shall be appointed for a fourth full year, except as\nprovided in subdivision four of this section, provided that in\ndetermining the tenure rights of such persons time served as an\ninstructor shall be counted.\n c. Any regularly appointed member of the teaching or supervising staff\nof the board of education of the city of New York who, on the date on\nwhich this section is enacted, is serving in the community college in\nthe position of senior instructor, librarian, assistant librarian,\ncollege registrar, college bursar or college administrative assistant,\npursuant to an assignment by the superintendent of schools of the board\nof education of the city of New York, and has or thereafter shall have\ncompleted three full years of continuous service in any of the positions\nenumerated in this paragraph, or in any position hereafter created which\nthe board may designate as a tenure position, shall be entitled to\nbecome a member of the permanent instructional staff of the community\ncollege with tenure in the position in which he is then serving in the\ncommunity college providing such person, within three months after such\ncompletion of three full years of continuous service, shall notify the\npresident of the community college in writing of his election to become\na member of the permanent instructional staff of the community college\nwith tenure in the position in which he is then serving in the community\ncollege, and provided further that such person shall within the same\nperiod resign from his position in the board of education of the city of\nNew York. Such person shall have the absolute right, notwithstanding his\nelection to become a member of the permanent instructional staff of the\ncommunity college with tenure, to continue as a member of the retirement\nsystem of which he was a member immediately prior to such election,\nwithout any loss or diminution in his rights, status or privileges in\nsuch retirement system. Any regular license issued by the superintendent\nof schools of the board of education of the city of New York, held by\nsuch person at the time he becomes entitled to tenure in the community\ncollege shall continue to be valid during his continuance of service in\nthe community college.\n 4. Nothing herein contained shall be construed as conferring or\npermitting tenure, or service credit toward the achievement of tenure,\nin the positions of president, dean, director, assistant dean, chairman\nof department or division, or assistant director. Appointments to such\nposition or removal therefrom, however, shall not deprive the person so\nappointed or removed of tenure in highest position on the instructional\nstaff held with tenure prior to his appointment to such office or\nconjointly with such office, nor shall such appointment or the holding\nof such position or removal from such position deprive any person of\nservice credit toward the achievement of tenure under the provisions of\nthis section.\n 5. A certificate of permanent tenure shall be issued by the board upon\nthe enactment of this section to each person then employed in the\ncommunity college who, on or prior to the date of such enactment, shall\nhave satisfied the requirements for entitlement to tenure prescribed by\nthis section. In the case of any person now or hereafter employed in the\ncommunity college, who, after such date of enactment, satisfies such\nrequirements for entitlement to tenure, a certificate of permanent\ntenure shall be issued by the board to such person, upon the completion\nby such person of such requirements.\n 6. For the purpose of appointments and promotions in the instructional\nstaff which may be made after the date on which this section is enacted,\nthe board shall determine to what extent examinations are practicable to\nascertain merit and fitness for each of the positions under its\njurisdiction, and, insofar as examinations are deemed practicable, shall\ndetermine to what extent it is practicable, that such examinations be\ncompetitive. Any examination held in accordance with the provisions of\nthis subdivision shall be set and administered through any agency which\nthe board may from time to time create or designate. The superintendent\nof schools of the board of education of the city of New York may, upon\nthe request of the president of the community college, direct the\nmedical board of the board of education of the city of New York to\nrender such service as the president of the community college may\nrequest to assist the board and the president of the community college\nin the ascertainment of merit and fitness for appointment to or relative\nto service in instructional positions in the community college.\n 7. Neither tenure as conferred through the operation of this section\nnor the period requisite for the achievement of tenure shall be affected\nby transfer within the community college, or by promotion, or by change\nof title, except that a person upon whom tenure is conferred through the\noperation of this section and who may be transferred to any position in\nthe community college, or who may be promoted, or whose title may be\nchanged, shall have tenure in his new position, provided such position\nis not one of those enumerated in subdivision four of this section.\nNothing herein contained shall be construed to prevent the board from\nassigning any person having tenure to any appropriate position on the\nstaff, but no such assignment shall carry with it a reduction in rank or\na reduction in salary other than the elimination of any additional\nemolument provided for administrative positions.\n 8. A position held by a person upon whom tenure is conferred through\nthe operation of this section may be abolished or discontinued by the\nboard for reasons which are not discriminatory against a particular\nperson or persons. In the event that a position in a specified subject\nis to be abolished or discontinued, such position shall be that of the\nperson last appointed to such position; provided, however, that all\npersons in such position upon whom tenure is not conferred by the\noperation of this section shall be dismissed before the position of any\nother person in such subject is abolished or discontinued. If the board\nabolishes or discontinues the position of a person upon whom tenure is\nconferred through the operation of this section and can find no position\nin the community college which can be efficiently and capably filled by\nsuch person, then his name shall be placed and shall remain for three\nyears on a preferred eligible list of candidates for reappointment to\nfill a vacancy that may thereafter occur in a position which can be\nefficiently and capably filled by such person or to fill a newly created\nposition which can be efficiently and capably filled by such person.\nReappointment from such preferred eligible list to a position in a\nspecified subject shall be made in the order of the original appointment\nof the persons on such preferred eligible list. Any person reappointed\nfrom such preferred eligible list shall be reappointed at a salary not\nless than that which he was receiving when his position was abolished or\ndiscontinued. Any person whose name is placed on such preferred eligible\nlist as hereinbefore provided shall, for the purpose of maintaining his\nstatus in any retirement system of which he is a member, be deemed to be\non leave of absence without pay.\n 9. Persons granted tenure under the provisions of this section shall\nnot be removed except for cause, after a hearing and by a majority vote\nof the board. Charges against a person entitled to tenure under the\nprovisions of this section may be preferred by the president, any member\nor members of the board, or the board itself. Such charges and all\nspecifications of such charges shall be filed with the board, which\nshall cause a copy thereof to be served upon the person accused, and\nsuch person shall have ten days from the date of the service of such\ncharges and specifications, or such additional time as may be granted\nhim by the chairman of the board, in which to file an answer in writing\nwith the board. Any person against whom charges as herein provided are\nfiled with the board, may be suspended with or without pay by the\npresident pending a final determination of such charges by the board.\nThe board shall proceed to try and determine such charges either by the\nboard, or by a trial committee consisting of one or more members of the\nboard, or by a trial committee consisting of one or more persons\nspecially appointed for such purpose by the board, and the board shall\nfix the penalty or punishment, if any, to be imposed for the offense,\nand such penalty or punishment may consist of a reprimand, a fine,\nsuspension for a fixed time without pay, or dismissal; provided,\nhowever, that a vote of a majority of all the members of the board shall\nbe necessary to impose a penalty or punishment. The report of any trial\ncommittee holding such trial shall be subject to final action by the\nboard, each member of which shall before voting read the testimony and\nthe evidence in the case. The board may reject, confirm or modify the\nconclusions of the trial committee, and the decisions of the board shall\nbe final, except that any person aggrieved may review the determination\nof said board only by an appeal to the commissioner of education, as\nprovided for by article seven of this chapter. In case the charges\npreferred against any person are dismissed, he shall be restored to his\nposition with full pay for the period of his suspension. In all trials\nand investigations authorized by this section all testimony taken shall\nbe under oath, which the chairman of the board or the chairman of the\ntrial committee is hereby authorized to administer. For the purpose of\nany investigation, trial or hearing, the chairman of the board or the\nchairman of the trial committee shall have power to subpoena witnesses,\npapers and records. The Supreme Court shall have power, upon the\napplication of the chairman of the board or the chairman of the trial\ncommittee, to compel any witness who may be summoned, to appear and\ntestify before said board or trial committee.\n