§ 6212 — Tenure

§ 6212. Tenure. 1. The following words and phrases, for the purposes\nof this section, shall have the following meanings:\n a. "Educational unit" shall mean a college, school, preparatory\nschool, high school, or model school.\n b. "Instructional staff" shall mean the persons employed by the board\nof trustees in the educational units governed and administered by it in\nthe grades or positions of president, dean, director, professor,\nassociate professor, assistant professor, instructor, fellow, lecturer,\nsenior registrar, registrar, assistant registrar, associate registrar,\ncollege laboratory technicians; in the high school and model school:\nprincipal, first assistant, supervisor, instructor, assistant teacher,\ncritic teacher, teacher; or in any grade or position which the board of\ntrustees in its discretion may add thereto.\n c. "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 of the educational\nunits governed and administered by the board of trustees shall have\ntenure.\n 3. The permanent instructional staff shall consist of all persons\nemployed by the city university on an annual salary basis at the\neducational units governed and administered by the board of trustees as\nfollows: (a) in the grades of professor, associate professor, assistant\nprofessor, or in any grade or position which the board in its discretion\nmay add thereto, who, after serving on an annual salary in any of the\ngrades or positions enumerated or provided for in this paragraph for\nseven full years continuously, have been appointed or shall be appointed\nfor an eighth full year, except as provided in subdivisions four and\nfive of this section; and (b) in the grades of college laboratory\ntechnician, senior registrar, registrar, assistant registrar, associate\nregistrar, assistant librarian and in the elementary and high schools:\ninstructor, assistant teacher, critic teacher, or teacher, or in any\ngrade or position which the board in its discretion may add thereto,\nwho, after serving on an annual salary in any of the grades or positions\nenumerated or provided for in this paragraph for five full years\ncontinuously, have been appointed or shall be appointed for a sixth full\nyear, except as provided in subdivision four of this section; the\nmembership of such persons on the permanent instructional staff as\nprovided for in paragraph (a) of this subdivision shall become effective\non the first day of September following their reappointment for the\neighth full year, and the membership of such persons on the permanent\ninstructional staff as provided for in this paragraph shall become\neffective on the first day of September following their reappointment\nfor the sixth full year. Where the service of a member of the\ninstructional staff, in one of the titles listed or provided for herein,\nis interrupted by reason of absence on a maternity or child care leave\nduly granted by the board of trustees, the period of creditable service\nimmediately preceding such absence shall be counted in computing the\nfull years of service required by this subdivision.\n 4. Nothing herein contained shall be construed as conferring or\npermitting tenure, or service credit toward the achievement of tenure,\nin the grades or positions of president, director, assistant director,\ndean, assistant dean, head of instructional department, chairman of\ninstructional department, fellow, laboratory teaching assistant,\nprincipal, supervisor, or first assistant. Appointment to such grade or\nposition, or removal therefrom, however, shall not deprive the person so\nappointed or removed of tenure in the highest position on the\ninstructional staff held with tenure prior to his appointment to such\noffice or conjointly with such office, nor shall the appointment to,\nholding of, or removal from such grade or position deprive any person of\nservice credit toward the achievement of tenure under the provisions of\nthis section.\n 5. Persons appointed to the rank of professor, associate professor or\nassistant professor may under the provisions of the board of trustee's\nby-laws be placed on the permanent instructional staff by the board of\ntrustees in its discretion after not less than one nor more than seven\nyears of continuous full time service on an annual salary except that\npersons of proven record who have achieved tenure at another recognized\ninstitution of higher learning and whose appointment is to the rank of\nprofessor may be granted tenure immediately on appointment. Persons\npromoted to the rank of professor shall be granted tenure after not more\nthan four years of continuous full time service on an annual salary in\npositions on the instructional staff.\n 6. For the purpose of appointments and promotions in the instructional\nstaff which may be made after April twentieth, nineteen hundred forty,\nthe board of trustees shall determine to what extent examinations are\npracticable to ascertain merit and fitness for each of the positions\nwithin the educational units covered and administered by it and, in so\nfar as examinations are deemed practicable, shall determine to what\nextent it is practicable that such examinations be competitive. Any\nexamination held in accordance with the provisions of this subdivision\nshall be set and administered through any agency which the board of\ntrustees may from time to time create or designate.\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 educational units governed and administered by\nthe board of trustees, or by promotion, or by change of title, except\nthat a person upon whom tenure is conferred through the operation of\nthis section and who may be transferred to any position within the\neducational units governed and administered by the board of trustees, or\nwho may be promoted, or whose title may be changed, shall have tenure in\nhis new position, provided such position is not one of those enumerated\nin subdivision four of this section. Nothing herein contained shall be\nconstrued to prevent the board of trustees from assigning any person\nhaving tenure to any appropriate position on the staff, but no such\nassignment shall carry with it a reduction in rank or a reduction in\nsalary other than the elimination of any additional emolument provided\nfor administrative positions. Any person in a position on the\ninstructional staff just prior to the effective date of this article\nshall not be affected with respect to his tenure or the time credit\nearned towards such tenure, or the period requisite for the achievement\nof tenure under the law as it existed just prior to the effective date\nof this article.\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 of trustees for reasons which are not discriminatory against a\nparticular person or persons. In the event that a position in a\ndepartment is to be abolished or discontinued, such position shall be\nthat of the person last appointed to such department, save that, for\nspecial educational reasons which are not discriminatory against a\nparticular person or persons, the board of trustees may continue the\nservices of a person or persons whose position or positions would\notherwise be abolished or discontinued, and abolish or discontinue the\nposition or positions of the person or persons next most recently\nappointed to such department; provided, however, that all persons of any\ngrade in such department upon whom tenure is not conferred by the\noperation of this section shall be dismissed before the position of any\nother person in such department is abolished or discontinued. If the\nboard of trustees abolishes or discontinues the position of a person\nupon whom tenure is conferred through the operation of this section and\ncan find no position in the educational unit in which such person has\nbeen serving which can be efficiently and capably filled by such person,\nthen his name shall be placed and shall remain for three years upon a\npreferred eligible list of candidates for reappointment to fill a\nvacancy that may thereafter occur in a position which can be efficiently\nand capably filled by such person or to fill a newly created position\nwhich can be efficiently and capably filled by such person. The board of\ntrustees shall, through the adoption of appropriate by-laws, determine\nthe number of such preferred eligible lists, the extent of applicability\nof each such list, and the order of reappointment therefrom to vacancies\nin positions under its jurisdiction or to newly created positions under\nits jurisdiction. No names shall be placed on such preferred eligible\nlists except as hereinbefore provided for persons upon whom tenure is\nconferred through the operation of this section. Any person reappointed\nfrom a preferred eligible list shall be reappointed at a salary not less\nthan that which he was receiving when his position was abolished or\ndiscontinued. Any person whose name is placed on a 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 having tenure under the provisions of this section may be\nremoved or suspended from the permanent instructional staff for one or\nmore of the following reasons, provided, however, that, except as to a\ncharge of misconduct constituting a crime when committed, no proceedings\nshall be commenced more than five years after the occurrence of the\nalleged incompetency or misconduct:\n a. incompetent or inefficient service;\n b. neglect of duty;\n c. physical or mental incapacity;\n d. conduct unbecoming a member of the staff. This provision shall not\nbe so interpreted as to constitute interference with academic freedom.\n Proceedings for the removal of such a person shall be conducted in\naccordance with the by-laws of the board of trustees, and shall be\ninitiated by service by the board of trustees upon the person involved\nof a notice setting forth all the charges pending against him. Such a\nperson so charged shall be entitled to a hearing with right of\nrepresentation by any person or persons of his choice before any\ncommittee which the board of trustees may appoint to investigate such\ncharges, or, in the event that such a committee is not appointed, before\nthe board of trustees. In cases in which such a committee is appointed,\nsuch a person shall further be entitled to an appeal on the record with\nright of representation by any person or persons of his choice before\nthe board of trustees prior to its final determination of the question\nof his removal. No such person shall be removed except at a regular or\nspecial meeting of the board of trustees, by an affirmative vote of the\nmajority of all the members of the board of trustees. For the purposes\nof any such proceeding, the board by its chairman or the chairman of any\nsuch committee shall have power to subpoena witnesses, papers and\nrecords, and to administer oaths.\n 10. If any clause, sentence, paragraph or part of this section, or the\napplication thereof to any person or circumstance, shall, for any\nreason, be adjudged by a court of competent jurisdiction to be invalid,\nsuch judgment or order shall not invalidate the remainder of this\nsection and the application thereof to other persons or circumstances,\nbut shall be confined in its operation to the clause, sentence,\nparagraph or part thereof directly involved in the controversy in which\nsuch judgment or order shall have been rendered and to the person or\ncircumstance involved.\n