N.Y. Comp. Codes R. & Regs. tit. 8 § 335.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 335.4 - Eligibility

(a) Continuing appointment as professor, associate professor, librarian or associate librarian. Continuing appointment as professor, associate professor, librarian or associate librarian may be given by the chancellor on initial appointment or thereafter. Except as provided in subdivision (c) of this section, further employment as professor, associate professor, librarian or associate librarian after the third consecutive year of service in any one or any several of these ranks at any one college must be on the basis of continuing appointment; provided, however, such appointment shall not be effective until made so by the chancellor, and provided further, that promotion to any of these ranks shall not operate to extend the service requirements for continuing appointment described in subdivision (b) of this section.

(b) Continuing appointment as assistant professor, instructor, senior assistant librarian or assistant librarian. Except as provided in subdivision (c) of this section, further employment at any college of an appointee who has completed a total of seven years of service in a position or positions of academic rank, of which the last three consecutive years have been in a position of academic rank at that college as assistant professor, instructor, senior assistant librarian or assistant librarian, must be on the basis of a continuing appointment; provided, however, such appointment shall not be effective until made so by the chancellor. An assistant professor, instructor, senior assistant librarian or assistant librarian shall not be eligible for continuing appointment at any of these ranks prior to the completion of a total of seven years in a position or positions of academic rank.

(c) Additional term appointment. An academic employee holding a continuing or a term appointment at one college who is appointed to academic rank at another college may be given that appointment for a term not to exceed three years.

(d) Service credit.

(1) In determining eligibility for continuing appointment under subdivision (b) of this section, satisfactory full -time prior service in academic rank at any other accredited academic institution of higher education may, at the request of the appointee and in the discretion of the Chancellor of designee, be credited as service, up to a maximum of three years, at the time of appointment at a college. Waiver of all or part of this service credit shall be granted upon written request of the employee to the chief administrative officer not later than six months after the date of initial appointment.

(2) In computing consecutive years of service for the purposes of appointment or reappointment to the academic staff, periods of leave of absence at full salary shall be included; periods of leave of absence at partial salary or without salary and periods of part -time service shall not be included, but shall not be deemed an interruption of otherwise consecutive service.

(3) A temporary cessation of service credit toward continuing appointment shall be provided, at the employee's request, commencing with the birth/adoption/foster care placement of a child. Such written request by an academic employee with an academic year obligation shall be approved for the time requested, one semester or two semesters. Such written request by an academic employee with a calendar year obligation shall be approved for the time requested, six months or one year

(4) Each employee who as of May 6, 2020 is currently serving in a position of academic rank who has not yet attained continuing appointment status, and who is not currently under review, shall have an automatic one-year extension of the time to continuing appointment without change in title, full-time equivalent or other employment status. Any employee in a position of academic rank who has not yet attained continuing appointment status may opt out of the automatic one-year extension referenced above and be considered for continuing appointment based on their original schedule by submitting a request, in writing, to their Department Chair, with copy to their Dean and Provost. Timelines for such submission shall be determined at each campus. These provisions shall not apply to any employee in a position of academic rank who has already been provided with a notice of non-renewal.

(5) Each employee who was hired between May 6, 2020 and June 30, 2021 and appointed to a position of academic rank, who has not yet attained continuing appointment status, and who is not currently under review, shall have an automatic one-year extension of the time to continuing appointment without change in title, full-time equivalent or other employment status. Any employee in a position of academic rank who has not yet attained continuing appointment status may opt out of the automatic one-year extension referenced above and be considered for continuing appointment based on their original schedule by submitting a request, in writing, to their Department Chair, with copy to their Dean and Provost. Timelines for such submission shall be determined at each campus. These provisions shall not apply to any employee in a position of academic rank who has already been provided with a notice of nonrenewal.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 335.4

Amended New York State Register October 16, 2019/Volume XLI, Issue 42, eff. 10/16/2019

Amended New York State Register January 20, 2021/Volume XLIII, Issue 03, eff. 1/20/2021

Amended New York State Register October 20, 2021/Volume XLIII, Issue 42, eff. 10/20/2021