I. PURPOSE
New York Medical College (NYMC or "College") School of Medicine (“SOM”) supports the fundamental aspect of academic freedom for its foremost scholars through the award of Tenure.
II. POLICY
It is the policy of NYMC SOM to award Tenure to recruit and retain exemplary faculty, uphold the institution's mission, and preserve academic freedom. Tenure is granted based on a faculty member's merit and the institution's needs, specifically for Full-Time faculty holding or being promoted to Senior Rank. Tenure requests are evaluated within the context of institutional priorities and available resources, including: (i) alignment of SOM positions with the faculty member’s expertise, (ii) hard dollar budget availability for salary guarantees, and (iii) the candidate's contributions to the institution's mission and strategic goals.
Tenure recognizes accomplishments that extend beyond academic recognition, reflecting exceptional, sustained, and substantial contributions to the institution. Faculty granted Tenure are exemplars among their peers at similar career stages, demonstrating outstanding effectiveness and outstanding contributions to the NYMC SOM community. Candidates must prove evidence, supported by internal and external referees, of rigorous peer-review, stature in their field, and their essential role in advancing the NYMC SOM academic mission. A decision to award Tenure affirms the faculty member’s anticipated continued contributions to their department, program, SOM, and broader institution in achieving its mission.
III. SCOPE
This policy shall apply to faculty assigned to tenure-eligible promotion pathways in the NYMC SOM.
IV. DEFINITIONS
A. Academic Activities: Those activities performed for the SOM that fulfill the institution's core mission in Domains of teaching, research, service, and health care delivery.
B. Dean: The Dean of the NYMC SOM.
C. Domain: Refers broadly to a faculty member’s contributions and achievements in evaluating appointment, promotion, and tenure recommendations.
1. Teaching Domain. Education-related activities, such as instruction, mentoring, advising, learner assessment, curriculum development, etc.
2. Research Domain. Research-related activities, such as grants, extramural funding, clinical trials, team science, population health, etc.
3. Service Domain. Service-related contributions to the life, governance, and administration of the College, SOM, their profession/discipline, and the local, national, international community that reflects a level of academic reputation and expertise, etc.
4. Health Care Delivery Domain. Health care delivery-related activities involving development of diagnostic approaches, therapeutic methods and clinical services; innovations in clinical practice; the development and/or administration of programs or approaches that improve the safety, quality or efficacy of healthcare delivery; the development, analysis, implementation, and evaluation of health policy, population health tools, and interventions for local, national, and international communities and populations.
D. Full-Time Appointment Status: Faculty appointment status is considered full-time when an individual is compensated to perform Academic Activities at: (1) NYMC at a Full-Time Employment level (academically-salaried); or (2) an NYMC affiliate site(s) whereby the majority of job duties occurs within the confines of the NYMC affiliate site(s), and the full-time employment definition of the employer is met (professionally-salaried); or (3) a combination of academic- and professionally salaried arrangements, which combined, amount to NYMC's definition of Full-Time Employment.
E. Full-Time Employment: NYMC’s definition of full-time employment is 35 hours or more of work per week in a role designated as a full-time position excluding pass-through arrangements for work outside the Touro University system. Per-diem classified employees do not meet the definition of Full-Time employment.
F. Senior Rank: The ranks of professor and/or associate professor.
G. TAP Committee: The NYMC SOM Tenure, Appointment, and Promotion Committee.
H. Tenure: Tenure is a protection of a faculty member's title and/or salary conferred by an institution of higher education.
V. PROCEDURES
A. Eligibility Criteria and Recommendation for Tenure
To be eligible for Tenure, Faculty must meet Status, Rank and Time in Rank requirements as follows:
1. Status: Faculty must qualify for a Full-Time Faculty Appointment Status.
2. Rank: Faculty must have achieved associate professor or professor Rank on a tenure-eligible promotion pathway.
3. Time in Rank applicable to:
a. NYMC Faculty
Eligible faculty who are considered for promotion with Tenure and who receive only the promotion action may be recommended for Tenure by the primary academic department chair (“Department Chair") after one year from the date of the Tenure denial decision.
b. Candidate Faculty Joining NYMC
(i) Holding Tenure
Individuals holding Tenure awarded by a higher education institution other than NYMC who are recruited into a NYMC academic administrative role (e.g. academic department Chair, etc.) and/or a NYMC faculty position, may be recommended for a faculty appointment with Tenure to the TAP Committee by the Dean in concert with the Department Chair. In such instances, no minimum time in rank is required.
(ii) Do Not Hold Tenure
• Professor Rank: Candidate faculty hired by NYMC at professor rank may be recommended for Tenure by the Department Chair after one year.
• Associate Professor Rank: Candidate faculty hired by NYMC at associate professor rank may be recommended for Tenure by the Department Chair after two years.
• The Dean may waive the waiting period upon a showing of good cause.
B. Initial Recommendation for Tenure
Faculty are recommended for Tenure by the Department Chair or by the Dean in instances where the faculty member will also serve as Department Chair. Department Chairs recommending faculty for Tenure shall consider the promise of the individual's continued professional growth in their discipline and SOM position as stated in the Policy and Procedures of the TAP Committee. Faculty may optionally invoke the Alternate Pathway for Tenure detailed in the Faculty Bylaws. Tenure decisions are communicated to faculty by their Department Chair.
C. Dean Review of TAP Committee Recommendations
Following TAP Committee review, the Dean has the authority to approve or deny TAP Committee recommendations for Tenure. The Dean’s decision is considered final and is not subject to appeal.
1. If the Dean agrees with the TAP Committee recommendation to approve Tenure, the Department Chair is informed of the positive review and the request for Tenure is communicated to the NYMC Chancellor/CEO ("Chancellor") and President for consideration.
2. If the Dean does not agree with a TAP recommendation to approve Tenure, or if the TAPCommittee recommends that the Tenure request be denied, the Dean will communicate thenegative review to the Department Chair. The rationale for the decision is considered highly confidential and is only shared at the discretion of the Dean. The faculty member may be recommended for Tenure by the Department Chair after one year from the date of Dean’s decision.
D. Chancellor and President Review of Tenure Requests
The Chancellor and President shall review and reach agreement on all recommendations for Tenure forwarded by the Dean.
1. If the Chancellor and President agree with the Dean’s recommendation to approve Tenure, the Department Chair is informed of the positive review and the request for Tenure is communicated to the NYMC Board of Trustees’ Academic Affairs Committee for consideration.
2. If the Chancellor and President do not agree with the Dean’s recommendation to approve Tenure, the Chancellor will communicate the negative review to the Department Chair. The rationale for the decision is considered highly confidential and is only shared at the discretion of the Chancellor. The faculty member may be recommended for Tenure by the Department Chair after one year from the date of the Chancellor’s decision. The Chancellor’s decision is considered final and is not subject to appeal.
E. Board of Trustees Review of Tenure Requests
The Academic Affairs Committee will review Tenure recommendations approved by the Chancellor. The decision to approve or deny a Tenure recommendation is forwarded to the full Board of Trustees.
1. Final determination of faculty Tenure and associated terms is at the sole discretion of the NYMC Board of Trustees. Decisions of the Board are communicated to the Chancellor and Dean and Department Chair and are considered final. A faculty member whose Tenure recommendation is not approved by the Board shall become eligible for reapplication for Tenure in after one year from the date of the Board’s decision.
2. Faculty approved for Tenure by the NYMC Board of Trustees are issued a Tenure award letter from the Chancellor which details the terms of the Tenure award as approved by the Board. Faculty who believe the terms of a Tenure award are inconsistent with this policy may file an appeal with the Dean of the SOM, in writing, within 30 business days of receiving a Tenure award letter. The Dean will review the matter with the Chancellor and Board of Trustees, as appropriate, and issue a written determination. Faculty may file a grievance with the Faculty Grievance Committee within 30 days of notice of the Dean’s appeal decision.
F. Institutional Obligation to Faculty with Tenure
With the awarding of Tenure, the NYMC SOM guarantees the (i) faculty academic title commensurate with rank and department, and where applicable (ii) a base salary in connection with faculty position in effect at the time of Tenure, exclusive of administrative and clinical positions. Guarantees are in effect during such time that the faculty member maintains Tenure. Guarantees are subject to the following exemptions and parameters:
1. Tenure of Salary
a. NYMC SOM affords a guaranteed, base salary to faculty awarded Tenure who are compensated for Full-Time Employment at NYMC exclusive of administrative and clinical duties.
b. Guaranteed Base Salary is by rank according to the following schedule:
• Associate Professor $ 87,360 total annualized salary
• Professor $ 125,023 total annualized salary
c. Guaranteed Base Salary levels will accrue NYMC cost-of-living adjustments (“COLAs”) as approved by the NYMC Board of Trustees resulting in equity among Tenured faculty irrespective of the academic year in which Tenure was conferred. Guaranteed Base Salary will be identified in a Tenure award letter.
d. Guaranteed Base Salary is considered a component of a faculty member's total salary. It is a priority of the institution to achieve total salary levels that are competitive with market rates, and that recognize the value and expertise of its faculty members.
e. Although administrative and clinical positions and the Academic Activities associated with such roles are vital to the academic life of NYMC SOM, and may contribute to a decision to award Tenure to a faculty member, the positions themselves are inherently exempt from Tenure as either “at-will” employment that is at the discretion of the Dean, and/or clinical employment that extends beyond the jurisdiction of NYMC SOM. Therefore, holders of such positions at the time of Tenure award are not eligible for Tenure of Salary. The following examples of clinical, decanal, chancellery and administrative roles and duties exempt from Tenure may include:
• Clinical duties include attending, division directors, providers in the Family Health Center, Student Mental Health and Wellness Department or NYMC Student Health Services Office.• Decanal duties are duties assigned to positions of deans, including vice and assistants.
• Chancellor duties are duties assigned to positions of chancellors, including vice and assistants.
• Non-decanal administrative positions include department chair; director of comparative medicine; director of an NYMC center or institute; clerkship director; phase director and curriculum director.
f. Tenured faculty with a Tenure of Salary may accept administrative and clinical positions at NYMC without loss of their guaranteed Base Salary provided they maintain Full-Time Employment with NYMC and otherwise maintain Tenure eligibility.
2. Tenure of Title
a. Faculty who achieve Tenure and are not eligible for Tenure of Salary are awarded Tenure of Title only. Such a distinction is honorific in nature and in effect during such time as the faculty member remains eligible for Tenure status.
b. Faculty who are eligible for Tenure shall be awarded a Tenure of Title commensurate with the Senior Rank level and the department/discipline under which the terms of Tenure were considered.
c. Clinical, decanal, chancellery and administrative titles are not eligible for Tenure of Title.
G. Changes
1. Faculty with Tenure of Title only who change job duties such that they achieve Full-Time Employment at NYMC exclusive of administrative and clinical duties may be recommended for review of Tenure by the Department Chair to the TAP Committee provided the faculty member meets Tenure eligibility criteria. Such faculty retain Tenure of Title only until Board of Trustees approval. Should the faculty member not be awarded Tenure, the faculty member may be recommended for Tenure by the Department Chair after one year from the date of the final determination.
2. If a faculty member with Tenure requests and/or accepts a recommendation by the Department Chair for a change in promotion pathway at the same rank, the faculty member’s existing Tenure status is administratively ended. The faculty member may be recommended by the Department Chair for a new Tenure review by the TAP Committee considering the new position and/or promotion pathway. A favorable TAP Committee recommendation will require Dean, Chancellor and Board of Trustees approval.
3. If a faculty member with Tenure at associate rank is recommended by the Department Chair for promotion to professor rank on a different tenure-track promotion pathway, the faculty member's existing Tenure status is administratively ended. Those meeting Tenure eligibility criteria in an alternate tenure-eligible promotion pathway (from existing or prior Tenure) may be recommended for Tenure by the Department Chair and will be required to undergo a new review by the TAP Committee. A favorable TAP Committee recommendation will require Dean, Chancellor and Board of Trustees approval.
4. Tenured faculty at associate rank who are approved for promotion to professor rank on the same promotion pathway are not required to undergo re-review of Tenure status by the TAP Committee. However, such faculty who are eligible for Tenure of Salary must have any change to their Base Salary guarantee approved by the Dean, the Chancellor and the Board of Trustees. Updated Base Salary levels based on rank and COLA adjustment will be documented in a new Tenure award letter from the Chancellor to the faculty member, upon Board approval.
H. Criteria for Termination of Tenure Status
Tenure is generally awarded to faculty in a specific position and pathway with the ongoing requirement that faculty who hold Tenure status provide ongoing Full-Time Academic Activities in support of the institution's mission as exemplars and role models among their peers. Accordingly, Tenure status is administratively relinquished under any of the following circumstances:
1. Voluntary surrender of Tenure status.
2. Retirement.
3. Resignation or relinquishment of Full-Time Employment with NYMC.
4. Death.
5. Cause. The meaning of Cause, is shown in the following examples, that are included and not limited to gross incompetence or negligence; conduct unbecoming a teacher, researcher, academician, and/or healthcare provider; personal or professional conduct significantly impairing the fulfillment of the faculty member’s institutional responsibilities; failure to perform a faculty member’s responsibilities as communicated in onboarding and/or other faculty communications from the Dean; acts that are clearly contrary to professional, academic or institutional standards; or conviction of a felony.
6. Loss of professionally salaried and/or academically salaried roles at NYMC and/or NYMC affiliate(s) that result in a loss of Full-Time Appointment Status.
7. Change of promotion pathway upon which the Tenure award was based, including change to a non-tenure pathway.
8. For faculty holding only Tenure of Title who change job duties such that they achieve Full-Time Employment at NYMC exclusive of administrative and clinical duties, submission by the Department Chair to the TAP Committee for Tenure review following the job duty change.
9. Elimination of a faculty member’s department or merger of a faculty member’s department into a different department where the responsibilities of the faculty member to the original department or the program(s) offered by the original department continues after an elimination/merger/rename, then the faculty member's Tenure letter shall be updated to explicitly reflect said changes. However, should the original responsibilities or program(s) change or end, then the faculty member’s Tenure is administratively ended.
10. Declaration of financial exigency by the NYMC Board of Trustees. Faculty will be notified in writing of an administrative Tenure relinquishment and may appeal the relinquishment in writing to the Dean of the SOM within 10 business days of notice. Faculty will be notified in writing of the Dean’s decision. Faculty may file a grievance with the Faculty Grievance Committee within 30 days of notice of the Dean’s appeal decision. Faculty who have administratively relinquished Tenure may be recommended for a new granting of Tenure by their Department Chair should they meet the Tenure eligibility criteria in the future.
I. Procedure for Dismissal of Tenured Faculty
Dismissal of a Tenured faculty member may be recommended by the Department Chair, the dean of the Graduate School of Biomedical Sciences, the Chancellor, or initiated by the Dean of the SOM, based upon a showing of Cause. In such an event, the faculty member shall be notified, in writing, of the reason(s) for the dismissal recommendation and shall be afforded 10 business days to respond, in writing, to the Dean of the SOM. Upon consideration of the relevant facts, the Dean may elect to continue the faculty member's Tenure, with or without conditions, or may dismiss the faculty member. The faculty member shall be notified, in writing, of the Dean's decision. Faculty may file a grievance with the Faculty Grievance Committee within 30 days of notice of the Dean’s dismissal decision.
J. Procedures Pertaining to Faculty Tenures Before December 2024
Faculty awarded Tenure at NYMC prior to December 31, 2024 shall retain the financial and title guarantees afforded to them at the time of their Tenure award. The academic obligations, criteria and process for termination and dismissal, and relevant appeal terms in this policy apply to all Faculty holding Tenure at NYMC, regardless of date of Tenure.
VI. EFFECTIVE DATE
This policy is effective immediately upon approval of the Dean of the SOM and the Chancellor/CEO of NYMC.
Any future revision of this policy and procedure, other than updates to the Base Salary to incorporate a College-wide COLA, shall consider recommendations of the Dean’s Executive Committee.
VII. POLICY MANAGEMENT
Executive Stakeholder: Dean of the SOM
Oversight Office: Office of Faculty and Academic Affairs
