New York Laws
Article 126 - Community Colleges and State-Aided Four-Year Colleges
6306 - Administration of Community Colleges--Boards of Trustees.

(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.