§ 6306. Administration of community colleges--boards of trustees. 1.
Each community college, except in the city of New York, shall be
administered by a board of trustees of ten members, nine of whom shall
be appointed for terms of seven years in annual rotation, and one member
elected as herein provided, except that initial appointments shall be
made for terms of one to nine years respectively. Five members shall be
appointed by the local legislative body or board, or other appropriate
governing agency, one of whom may be a member of such local legislative
body or board, or other appropriate governing agency, four, from among
persons residing in the sponsoring community, by the governor and one
member elected by and from among the students of the college who shall
serve as a member of the board for a one-year term, provided, however,
that the term of the student member first elected shall be nine months
commencing October first, nineteen hundred seventy-five. The student
member shall be afforded the same parliamentary privileges as are
conferred upon voting members, including but not limited to the right to
make and second motions and to place items on the agenda. Such student
member shall be subject to every provision of any general, special or
local law, ordinance, charter, code, rule or regulation applying to the
members of such board with respect to the discharge of their duties
including, but not limited to, those provisions setting forth codes of
ethics, disclosure requirements and prohibiting business and
professional activities. The election of the student member shall be
conducted in accordance with rules and regulations promulgated by the
respective representative campus student association in accordance with
guidelines established by the state university trustees. In the event
that the student member ceases to be a student at the institution, he
shall be required to resign. The governor's initial appointments shall
be for terms of two, four, six and eight years respectively and those by
local authorities for terms of one, three, five, seven and nine years
respectively. Vacancies shall be filled for unexpired terms in the same
manner as original selections by the authority responsible for the
original selection. The board shall select its own chairman from among
its voting membership. Where two or more local sponsors join in the
establishment of a community college, the apportionment of the
appointments among them shall be made by the state university trustees.
Trustees shall receive no compensation for their services but shall be
reimbursed for their expenses actually and necessarily incurred by them
in the performance of their duties under this article. Members initially
appointed or elected under this subdivision to the board of trustees of
any community college hereafter established shall take office
immediately upon their selection and qualification, but for purposes of
determining the expiration of their respective terms and the
commencement of the terms of their successors, the term of office of
each such initial member shall be deemed to have commenced on the first
day of July of the year in which such college was established. The terms
of office of all members of the boards of trustees of community colleges
heretofore established, appointed or elected as provided in this
subdivision, shall terminate on the thirtieth day of June of the
calendar year within which such terms expire under the provisions of
this subdivision as hereby amended. For the purpose of determining such
year all initial terms of office of appointed members of the boards of
trustees of community colleges heretofore established shall be deemed to
have commenced on the first day of July of the year in which such
colleges were established and the terms of their successors for full
terms, if any, shall be deemed to have commenced upon the expiration of
the number of years from such date for which such initial appointments
were made.

The one member elected by and from among the students of the college
may be removed by such students in accordance with rules and regulations
promulgated by the respective representative campus student association
in accordance with guidelines promulgated by the state university
trustees. In the case of community colleges in the city of New York the
year in which any such college was established for the purposes of this
subdivision shall mean the year in which it was or may be determined
that its board of trustees be appointed and serve in the manner provided
by this subdivision.

The provisions of this subdivision shall not apply to community
college regional boards of trustees.

1-a. Notwithstanding the provisions of subdivision one of this
section, the term of office of a member of the board of trustees of
Rockland Community College appointed by the local legislative body or
board shall be five years.

2. The board of trustees of each community college shall appoint a
president for the college, subject to approval by the state university
trustees, and it shall appoint or delegate to the president the
appointment of other members of the staff. The staff of a community
college shall consist of the professional service and the
non-professional service. The professional service shall include
positions requiring the performance of educational functions in
agriculture, home economics, liberal and applied arts and sciences,
engineering, technical skills, crafts, business education, medicine,
dentistry, nursing, academic administration, library service, student
activities, student personnel services, and other professions required
to carry on the work of the community colleges. The non-professional
service shall consist of all positions not in the professional service.
The board of trustees of each community college shall adopt curricula,
subject to the approval of the state university trustees, prepare a
budget and, with the exception of community college regional boards of
trustees, submit such budget for approval by the local legislative body
or board, or other appropriate governing agency and, subject to the
general supervision of the state university trustees, discharge such
other duties as may be appropriate or necessary for the effective
operation of the college. Where the city of New York is the local
sponsor of a community college, salaries fixed by the board of trustees
of such college shall be in accordance with salary schedules approved by
the mayor of that city.

3. In the city of New York, upon the establishment of a community
college sponsored by the board of education, the sponsoring board shall
be the trustees and shall be vested with the powers of a board of
trustees of a community college, or upon the application of the
sponsoring board, approved by the state university trustees, the board
of trustees of such community college may be appointed and serve in the
manner provided by subdivision one of this section; and upon the
establishment and continuance of a community college sponsored by the
city of New York, the local sponsor may designate the board of education
in that city as the trustee to be vested with the powers of a board of
trustees of a community college, or the local sponsor may provide that
the board of trustees of such community college shall be appointed and
serve in the manner provided by subdivision one of this section. In the
event that the board of education serves as the board of trustees of a
community college in the city of New York, its powers and duties in
relation thereto shall be as prescribed in this article for boards of
trustees of community colleges. In the city of New York, the board of
trustees of the fashion institute of technology shall, under such
by-laws as such board deems appropriate, provide for the eligibility for
sabbatical leaves of absence to members of its permanent instructional
staff; provided, however, that when such leaves are for one-half year,
they shall be at full pay, and when such leaves are for one year, they
shall be at half pay.

3-a. (a) Notwithstanding the provisions of subdivisions one and three
of this section, effective July first, two thousand eight, the fashion
institute of technology shall be administered by a board of trustees of
twelve members. Six members shall be appointed by the local sponsor, one
of whom may be a member of such sponsor; five members shall be appointed
by the governor from among persons who reside in the city of New York;
and one member shall be elected by and from among the students of the
fashion institute of technology.

(b) The provisions of subdivisions one and three of this section
notwithstanding, effective July first, two thousand nine, the fashion
institute of technology shall be administered by a board of trustees of
fourteen members. Seven members shall be appointed by the local sponsor,
one of whom may be a member of such sponsor; six members shall be
appointed by the governor from among persons who reside in the city of
New York; and one member shall be elected by and from among the students
of the fashion institute of technology.

(c) The provisions of subdivisions one and three of this section
notwithstanding, effective July first, two thousand ten, the fashion
institute of technology shall be administered by a board of trustees of
sixteen members. Eight members shall be appointed by the local sponsor,
one of whom may be a member of such sponsor; seven members shall be
appointed by the governor from among persons who reside in the city of
New York; and one member shall be elected by and from among the students
of the fashion institute of technology.

4. The board of trustees of each community college may acquire by
deed, gift, devise, bequest or lease, real or personal property suitable
for carrying out the program and purposes of the college, and pursuant
to regulations prescribed by the state university trustees may apply any
income that may be derived therefrom to the maintenance thereof; but no
lands, grounds, buildings, facilities or equipment shall be purchased or
leased unless an appropriation has been made, therefor, or unless
otherwise authorized by law. Title to personal property so acquired
shall vest in such board of trustees in its own name and such property
shall be held and used by such board for college purposes. Title to real
property so acquired shall vest in and be held by the local sponsor in
trust for the uses and purposes of the community college. Where a
community college region is the local sponsor of a community college,
title to real and personal property shall vest in the community college
regional board of trustees. The use of real or personal property given
to the board of trustees of any community college, or of the income
therefrom, to provide any part of the local sponsor's share of capital
or operating costs shall be subject to the consent of the state
university trustees and such regulations as they may prescribe.

5. The board of trustees shall have the care, custody, control and
management of the lands, grounds, buildings, facilities and equipment
used for the purposes of such college and of all other property
belonging to such college and used for carrying out its purposes, and it
shall have power to protect, preserve and improve the same.

5-a. a. The board of trustees of each community college shall have the
authority to appoint security officers for the community college and, in
its discretion, to designate or to revoke the designation of one or more
than one security officer as a peace officer. A security officer so
designated shall have the powers of a peace officer as set forth in
section 2.20 of the criminal procedure law. A security officer
designated as a peace officer must have satisfactorily completed or
complete, within one year of the date of such designation, a course of
law enforcement training prescribed by the municipal police training
council in consultation with the state university board of trustees. A
peace officer so designated may possess and carry a firearm as a part of
on duty employment only if authorized to do so by the president of the
community college. The geographical area of employment of a peace
officer so designated is the campus and other property of the community
college at which the peace officer serves, including that portion of a
public highway which crosses or abuts such property, and residential or
other facilities owned, operated, or maintained by a not-for-profit
entity associated with the community college for which such community
college provides security.

b. The appointment of security officers at a community college shall
be governed by and conform with civil service laws, rules and
regulations, if applicable to the community college and its employees.
The designation of a security officer as a peace officer shall be based
on qualifications established by the community college board of
trustees, and in accordance with seniority. For purposes of this
subdivision, "seniority" means total employment service with the
community college making such designation.

c. A security officer who has been designated a peace officer may have
such designation suspended or removed pursuant to procedures established
by the community college or in compliance with any local collective
bargaining agreement, if applicable to the community college and its
employees.

d. The designation of peace officers pursuant to this subdivision
shall not be deemed to supersede in any way the authority of other peace
officers and police officers.

e. Nothing contained in this section shall be construed to: (i) alter
any existing collective bargaining agreement; (ii) diminish the rights
of employees pursuant to an existing collective bargaining agreement;
(iii) affect existing law with respect to an application to the public
employment relations board seeking designation by the board that certain
persons are managerial or confidential; or (iv) alter or restrict the
power of a county or community college sponsor or employee organization
to negotiate with respect to an alternate method of appointment or
promotion of security officers.

5-b. Subject to the approval of the board of regents, the board of
trustees shall have the authority to grant honorary associate degrees.

6. The board of trustees shall have such other powers and perform such
other duties as may be provided by law or prescribed by the state
university trustees.

7. Subject to the approval of the local sponsor acting through its
local legislative body or board, or other appropriate governing agency,
and pursuant to such regulations and limitations as may be established
and prescribed by the state university trustees, the board of trustees
of each community college may enter into any contract or agreement
deemed necessary or appropriate for the effective operation of the
college, (1) including contracts or agreements entered into with the
federal government to enable participation in federal student loan
programs, including any and all instruments required thereunder;
provided, however, that the sponsor shall not be liable for any portion
of any defaults which it has agreed to assume pursuant to any such
agreement in an amount in excess of money appropriated or otherwise
lawfully available therefor at the time the liability for payment
arises, and (2) including contracts with non-profit corporations
organized by officers, employees, alumni or students of the college for
the furtherance of its objects and purposes. Notwithstanding the
provisions of any other law, general, special or local, such contracts
entered into with such non-profit corporation shall not be subject to
any requirement that contracts be let to the lowest responsible bidder
after advertisement for bids. Nothing contained in this subdivision
shall be deemed to diminish or impair any powers or authority otherwise
vested in the board of trustees of any community college. The provisions
of this subdivision shall not apply to community college regional boards
of trustees.

8. Subject to the approval of the local sponsor acting through its
local legislative body or board, or other appropriate governing agency,
and pursuant to such regulations and limitations as may be established
and prescribed by the state university trustees with the approval of the
director of the budget, the board of trustees of each community college
may participate in cooperative educational programs, services and
arrangements with colleges, universities, school districts, boards of
cooperative educational services, libraries, museums and join any
cooperative association of such educational institutions formed as a
corporation pursuant to section two hundred sixteen of this chapter. The
provisions of this subdivision shall not apply to community college
regional boards of trustees.

8-a. a. The board of trustees shall, on or before January first, two
thousand, adopt and implement a plan providing for the investigation of
any violent felony offense occurring at or on the grounds of each such
institution, and providing for the investigation of a report of any
missing student. Such plans shall provide for the coordination of the
investigation of such crimes and reports with local law enforcement
agencies. Such plans shall include, but not be limited to, written
agreements with appropriate local law enforcement agencies providing for
the prompt investigation of such crimes and reports and a requirement
that the institution shall notify the appropriate law enforcement agency
as soon as practicable but in no case more than twenty-four hours after
a report of a violent felony or that a student who resides in housing
owned or operated by such institution is missing; provided that each
institution shall: (1) inform each victim of a sexual offense of their
options to notify proper law enforcement authorities, including
on-campus and local police; (2) inform the victim of a sexual offense of
the right to report or not to report such offense to the local law
enforcement agencies; and (3) offer the option to be assisted by campus
authorities in notifying such authorities, if the victim of sexual
assault so chooses, all in compliance with applicable federal law,
including, but not limited to, the federal Campus Sexual Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

b. As used in this subdivision, the following terms shall have the
following meanings:

(i) "Local law enforcement agencies" means any agency or agencies
employing peace officers or police officers for the enforcement of the
laws of the state, and which has or have jurisdiction under provisions
of the criminal procedure law over offenses occurring at or on the
grounds of any institution subject to the provisions of this
subdivision.

(ii) "Missing student" means any student of an institution subject to
the provisions of this subdivision, who resides in a facility owned or
operated by such institution and who is reported to such institution as
missing from his or her residence.

(iii) "Violent felony offense" means a violent felony offense as
defined in subdivision one of section 70.02 of the penal law.

9. In the case of colleges sponsored by community college regions,
references in subdivisions two, four, five, six and eight-a of this
section to the board of trustees of a community college shall mean the
community college regional board of trustees.

10. The boards of trustees of the state university of New York
community colleges shall consult with boards of cooperative educational
services (BOCES) to identify new or existing programs offered to
students that would allow a student to pursue an associate of
occupational studies (AOS) degree from a community college upon high
school graduation. Once identified, BOCES in collaboration with the
community college boards of trustees shall make such path, identified
programs, and AOS degree options known to ensure that students are aware
that such options exist. Such notification shall begin in the eighth
grade, and include the provision of materials on AOS degree options to
school counselors in each school district in such region. Provided
however, that such boards and BOCES shall not take any action to direct
or suggest that a student should pursue a particular degree or pathway.

11. The board of trustees of each community college shall adopt
written policies requiring that all public single-occupancy bathroom
facilities be designated as gender neutral for use by no more than one
occupant at a time or for family or assisted use. Such gender neutral
bathroom facilities shall be clearly designated by the posting of such
on or near the entry door of each facility. For purposes of this
section, "single-occupancy bathroom" shall have the same meaning as
paragraph (d) of subdivision one of section one hundred forty-five of
the public buildings law.