N.Y. Comp. Codes R. & Regs. tit. 8 § 335.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 335.15 - Other appointments

(a) Five-year term appointments are appointments which may be granted only to persons who serve in a professional title listed in Appendix B-1, infra. Except for their duration, five-year term appointments shall be subject to the same procedures for method of appointment, renewal and notice of non-renewal of term appointments in accordance with the provisions of this Title.

(b)

(1) A person whose initial appointment to any college of the university is to a professional title listed in Appendix B-1, infra, must be granted term appointments for the first three years of employment in such title at that college. Upon completion of a total of three years of consecutive service on such term-appointment basis, further appointment in such title at such college and each appointment renewal thereafter in such title at such college shall be for a five- year term appointment.

(2) In the event such person is subsequently appointed to a professional title in which permanent appointment may be granted, that person shall be granted a term appointment in such professional title only, and shall not retain the term appointment or the five-year term appointment, as appropriate, in the professional title listed in Appendix B-1, infra.

(c) A professional employee holding a permanent appointment, or term appointment in a professional title in which permanent appointment may be granted at any one college, who is appointed to a professional title listed in Appendix B-1, infra, at the same college shall be given a probationary appointment in such title listed in Appendix B-1, infra.

(1)

(i) A professional employee holding permanent appointment in professional title, who completes a probationary appointment in a professional title listed in Appendix B-1, infra, shall be granted a five-year term appointment in the professional title in Appendix B-1, infra, only and shall not retain permanent appointment in the former professional title.

(ii) In the event such professional employee is subsequently appointed to the same former professional title held at the college prior to appointment to a professional title listed in Appendix B-1, infra, the employee shall resume permanent appointment in such former professional title. If such subsequent appointment is to a professional title different from such former professional title at the college or to a different college, the employee shall be given a term appointment.

(iii) In the event the five-year term appointment of such professional employee is not renewed and, on the effective date of such nonrenewal, a vacancy exists in the same former professional title held on the basis of permanent appointment at the college prior to appointment to a professional title listed in Appendix B-1, infra, the employee shall resume permanent appointment in such former professional title on the effective date of the non- renewal from the five-year term appointment.

(2)

(i) A professional employee holding a term appointment in professional title who completes a probationary appointment in a professional title listed in Appendix B-1, infra, shall be granted a five-year term appointment in such professional title listed in Appendix B-1, infra, only and shall not retain a term appointment in the former professional title.

(ii) In the event such professional employee is subsequently appointed to a professional title in which permanent appointment may be granted, the employee shall be granted a new term appointment in such professional title.

(d) At any time during a probationary appointment given in accordance with this section, the appointing authority may require the professional employee to return to the employee's former professional title at the college and such action shall be accomplished as soon as practicable.

(1) A professional employee holding a permanent appointment in a professional title and serving a probationary appointment in a title listed in Appendix B-1, infra, who so returns to the employee's former professional title shall resume permanent appointment in the former professional title.

(2) A professional employee holding a term appointment in a professional title in which permanent appointment may be granted and serving a probationary appointment in a title listed in Appendix B-1, infra, who so returns to his or her former professional title shall be granted a new term appointment in such former professional title and shall not be eligible for permanent appointment in such former professional title until expiration of that term appointment at the earliest. Notice that a term appointment in this circumstance will be allowed to expire shall be given at the appropriate time prior to the expiration of that new term appointment.

(e) Service credit.

(1) Employees granted term appointments pursuant to subdivisions (b)(2), (c)(1)(ii) and (c)(2)(ii) of this section may, at the request of the professional employee and in the discretion of the chancellor, or designee, be credited, at the time of such appointments, with all prior continuous university service up to a maximum of four years for purposes of eligibility for permanent appointment. Waiver of all or part of this service credit shall be granted upon the written request of the employee to the chief administrative officer not later than six months after the date of such appointment.

(2) In computing consecutive years of service for the purposes of appointment or reappointment under this section, periods of leave of absence at full salary and periods of full-time service in probationary and temporary appointments granted pursuant to this section 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.

(f) The board of trustees may, from time to time, designate professional titles to be added to or deleted from Appendix B-1, infra.

(g) Athletics.

(1) Division I campuses - athletic director and staff. Full-time college year, academic year and calendar year employees in titles in Appendix B-2(i) of this Title shall be provided term appointments, each up to a maximum of five years. Term appointments for employees in titles in Appendix B-2(i) of this Title shall be subject to the same procedures for methods of appointment and renewal of term appointments in accordance with this Title except as modified herein. Except in cases of discipline or retrenchment, in the event the university elects to terminate a term appointment before the expiration of the term, the university shall compensate the individual for up to the maximum of the time remaining on the term appointment.

(2) Division I revenue producing sports - coaching titles. Full-time college year, academic year and calendar year employees in the titles in Appendix B-2(ii) of this Title, whose coaching and coaching-related duties account for 75 percent or more of their professional obligation, shall be provided term appointments, each up to a maximum of five years. Term appointments for employees in titles in Appendix B-2(ii) of this Title shall be subject to the same procedures for methods of appointment and renewal of term appointments in accordance with this Title except as modified herein. Except in cases of discipline or retrenchment, in the event the university elects to terminate a term appointment before the expiration of the term, the university shall compensate the individual for up to the maximum of the time remaining on the term appointment.

(3) Division I non-revenue producing sports - coaching titles. Full-time college year, academic year and calendar year employees in the titles in Appendix B2(iii) of this Title, whose coaching and coaching-related duties account for 75 percent or more of their professional obligation, shall be provided term appointments, each up to a maximum of five years. Term appointments for employees in titles in Appendix B-2(iii) of this Title shall be subject to the same procedures for methods of appointment and renewal of term appointments in accordance with this Title except as modified herein. Except in cases of discipline or retrenchment, in the event the university elects to terminate a term appointment before the expiration of the term, the university shall compensate the individual for up to the maximum of the time remaining on the term appointment.

(4) Division II sports. Where an institution has declared its intention to move to the Division I level of competition, and as a consequence is participating at the Division II level for the period of time as required by the NCAA rules, the coaches in the affected sports shall be treated for purposes of appointment and renewal pursuant to the rules for Division I coaches, either revenue producing or non-revenue producing as appropriate to the sport. In the event the institution does not move to a Division I level of competition within four years. the coaches shall revert to the appointment, renewal and non-renewal status applicable to Division III competition.

(5) Division III sports. Full-time college year, academic year and calendar year employees in the titles in Appendix B-2(iv) of this Title, whose coaching and coaching-related duties account for 75 percent or more of their professional obligation shall, for the first four years of employment in any of the titles in Appendix B-2(iv) of this Title, be provided term appointments, each up to a maximum of three years. Following the fourth year of employment, employees in titles in Appendix B-2(iv) of this Title shall receive a term appointment of three years. Term appointments for employees in titles in Appendix B-2(iv) of this Title shall be subject to the same procedures for methods of appointment and renewal of term appointments in accordance with this Title except as modified herein. Except in cases of discipline or retrenchment, in the event the university elects to terminate a term appointment before the expiration of the term, the university shall compensate the individual for up to the maximum of the time remaining on the term appointment.

(6) A professional employee holding a permanent appointment or term appointment in a professional title in which permanent appointment may be granted at the same college who is appointed to a professional title listed in Appendix B-2 of this Title at the same college shall not retain permanent appointment nor term appointment in the former professional title.

(i) In the event such professional employee is subsequently appointed to a professional title in which permanent appointment may be granted, such employee shall be granted a term appointment in such professional title only and shall not retain the term appointment in the professional title listed in Appendix B-2 of this Title.

(ii) In the event such professional employee who held a permanent appointment at the time such employee was appointed to a professional title listed in Appendix B-2 of this Title is subsequently appointed to the same former professional title held at the college prior to appointment to a professional title listed in Appendix B-2 of this Title, the employee shall resume permanent appointment in such former professional title. If such subsequent appointment is to a professional title different from such former professional title at the college or to a different college, the employee shall be given a term appointment.

(iii) In the event the term appointment of such professional employee is not renewed and, on the effective date of such nonrenewal, a vacancy exists in the same former professional title held on the basis of permanent appointment at the college prior to appointment to a professional title listed in Appendix B-2 of this Title, the employee shall resume permanent appointment in such former professional title on the effective date of nonrenewal from the five-year term appointment.

(7) Service credit.

(i) Employees granted term appointments pursuant to subparagraph (6)(i), (ii) or (iii) of this subdivision may, at the request of the professional employees and in the discretion of the chancellor, or designee, be credited, at the time of such appointments, with all prior continuous university service up to a maximum of four years for purposes of eligibility for permanent appointment. Waiver of all or part of this service credit shall be granted upon request of the employee to the chief administrative officer not later than six months after the date of such appointment.

(ii) In computing consecutive years of service for the purposes of appointment or reappointment under this section, periods of leave of absence at full salary and periods of full-time service in probationary and temporary appointments granted pursuant to this section 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.

(8) The board of trustees may, from time to time, designate professional titles to be added to or deleted from Appendix B-2, infra.

(h) Fundraising. Full-time college year and calendar year employees in the titles in Appendix B-3 of this Title, shall, for the first four years of employment in any of the titles in Appendix B-3 of this Title, be provided term appointments, each up to a maximum of three years. Following the fourth year of employment, employees in titles in Appendix B-3 of this Title shall receive a term appointment of three years. Term appointments for employees in titles in Appendix B-3 of this Title shall be subject to the same procedures for methods of appointment and renewal of term appointments in accordance with this title except as modified herein. Except in cases of discipline or retrenchment, in the event the university elects to terminate a term appointment before the expiration of the term, the university shall compensate the individual for the time remaining on the term appointment.

(1) A professional employee holding a permanent appointment or term appointment in a professional title in which permanent appointment may be granted at the same college who is appointed to a professional title listed in Appendix B-3 of this Title at the same college shall not retain permanent appointment nor term appointment in the former professional title.

(ii) In the event such professional employee who held a permanent appointment at the time such employee was appointed to a professional title listed in Appendix B-3 of this Title is subsequently appointed to the same former professional title held at the college prior to appointment to a professional title listed in Appendix B-3 of this Title, the employee shall resume permanent appointment in such former professional title. If such subsequent appointment is to a professional title different from such former professional title at the college or to a different college, the employee shall be given a term appointment.

(iii) In the event the term appointment of such professional employee is not renewed and, on the effective date of such nonrenewal, a vacancy exists in the same former professional title held on the basis of permanent appointment at the college prior to appointment to a professional title listed in Appendix B-3 of this Title, the employee shall resume permanent appointment in such former professional title on the effective date of nonrenewal from the three-year term appointment.

(2) Service credit.

(i) Employees granted term appointments pursuant to subparagraph (1)(i), (ii) or (iii) of this subdivision may, at the request of the professional employees and in the discretion of the chancellor, or designee, be credited, at the time of such appointments, with all prior continuous university service up to a maximum of four years for purposes of eligibility for permanent appointment. Waiver of all or part of this service credit shall be granted upon request of the employee to the chief administrative officer not later than six months after the date of such appointment.

(3) The board of trustees may, from time to time, designate professional titles to be added to or deleted from Appendix B-3, infra.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 335.15