N.Y. Comp. Codes R. & Regs. tit. 8 § 335.11

Current through Register Vol. 46, No. 19, May 8, 2024

Section 335.11 - [Effective until 6/21/2024] Eligibility

(a) A term appointment may be given to any person appointed to or serving in a position designated as being in the professional services negotiating unit.

(b)Part-time service.

(1) Further employment at any college of an individual who has been employed at that college on a parttime basis for four consecutive semesters in the case of an employee on an academic year obligation or for two years in the case of an employee on a calendar year or college year obligation in a position designated as being in the Professional Services Negotiating Unit shall be on the basis of a term appointment.

(2) Further employment at any college of an individual who has been employed at that college on a parttime basis for six consecutive semesters in the case of an employee on an academic year obligation or for three years in the case of an employee on a calendar year or college year obligation in a position designated as being in the Professional Services Negotiating Unit shall be on the basis of a term appointment of not less than one year. However, this section shall not result in an automatic one-year term appointment solely due to lack of proper notice under 8 NYCRR Part 335.14.

(3) In computing consecutive semesters /years of part-time service for the purposes of appointment or reappointment under this subdivision, periods of leave of absence at partial salary or without salary shall not be included, but shall not be deemed an interruption of otherwise consecutive service.

(4) A part-time academic who has been granted term appointment but for whom classroom enrollment is inadequate, or whose class needs to be reassigned to individuals appointed on a full-time basis, shall have no entitlement to salary, benefits, or any other rights or privileges associated with that class . Where course cancellation or reassignment has occurred and other courses to be assigned to part-time academics are added during the semester in which such course cancellation or reassignment initially occurred, part-time academics on one-year term appointments shall be considered for course assignment first, among those individuals capable of teaching the course.

(5) In the event the service of such an individual is interrupted for a period of four consecutive semesters or more in the case of an employee on an academic year obligation or for two years or more in the case of an employee on a calendar year or college year obligation, the chief administrative officer of the college may grant the employee any type of appointment as in the chief administrative officer's judgment is appropriate.

(c)Qualified academic rank service.

(1) Further employment at any college of an individual who is employed in a full-time lecturer position or a full-time clinical or research (qualified academic rank) position at a non-health science center campus for seven consecutive years at that college or non-health science center campus shall be on the basis of a three-year term appointment. This excludes clinical or research positions at a health science or medical center, school of medicine or dentistry, College of Optometry, or anyone, not in a position eligible for continuing appointment, subject to the provisions of 8 NYCRR Part 340, Plan for the Management of Clinical Practice Income. However, this section shall not result in an automatic three-year term appointment solely due to lack of proper notice under 8 NYCRR Part 335.14.

(2) In computing consecutive semesters/years of service for the purposes of appointment or reappointment under this subdivision, periods of leave of absence at partial salary or without salary shall not be included but shall not be deemed an interruption of otherwise consecutive service.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 335.11

Amended, New York State Register April 23, 2014/Volume XXXVI, Issue 16, eff. 4/23/2014

Amended New York State Register May 8, 2024/Volume XLVI, Issue 19, eff. 4/23/2024, exp. 6/21/2024 (Emergency)