Section 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.