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SECTION 2587
Tenure in fashion institute of technology
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52
§ 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.